Additional Secured Debt Designation. The undersigned, on behalf of itself and each holder of Obligations in respect of the Series of Parity Lien Debt for which the undersigned is acting as Parity Lien Representative, hereby agrees, for the enforceable benefit of each existing and future holder of Priority Lien Obligations, the Priority Lien Agent, all holders of each current and future Series of Parity Lien Debt, each other current and future Parity Lien Representative and each current and future holder of Parity Lien Obligations and as a condition to being treated as Parity Lien Debt under the Collateral Trust Agreement that:
Additional Secured Debt Designation. The undersigned, on behalf of itself and each holder of Obligations in respect of [the Series of First Lien Debt][the First-Out Obligations] for which the undersigned is acting as Priority Lien Representative hereby agrees, for the enforceable benefit of all Priority Lien Secured Parties and the Collateral Trustee and each existing and future holder of Priority Liens and as a condition to being treated as Priority Lien Debt under the Collateral Trust Agreement that:
Additional Secured Debt Designation. The undersigned, on behalf of itself and each holder of Obligations in respect of the [Additional Notes][Series of Parity Lien Debt] for which the undersigned is acting as Parity Lien Representative hereby agrees, for the enforceable benefit of all Parity Lien Secured Parties and each existing and future holder of Parity Liens and as a condition to being treated as Parity Lien Debt under the Collateral Trust Agreement that:
Additional Secured Debt Designation. Reference is made to the Collateral Trust Agreement, dated as of June 12, 2020 (as amended, supplemented, amended and restated or otherwise modified and in effect from time to time, the “Collateral Trust Agreement”), among CSI Compressco LP, a Delaware limited partnership (the “Company”), CSI Compressco Finance Inc., a Delaware corporation (“Finance Corp” and together with the Company, the “Issuers”), the other Grantors from time to time party thereto, U.S. Bank National Association, as Indenture Trustee (as defined therein), and U.S. Bank National Association, as Collateral Trustee (as defined therein). Capitalized terms used but not otherwise defined herein have the meanings assigned to them in the Collateral Trust Agreement. This Additional Secured Debt Designation is being executed and delivered in order to designate additional secured debt as Junior Lien Debt entitled to the benefit of the Collateral Trust Agreement. Each of the undersigned, constituting the duly appointed [specify title]1 and [specify title], respectively, of the Company, hereby certifies on behalf of [the Company or applicable Grantor] that:
Additional Secured Debt Designation. The undersigned, on behalf of itself and each holder of Obligations in respect of the [Additional Notes][Series of Third Lien Debt] for which the undersigned is acting as Third Lien Representative hereby agrees, for the enforceable benefit of each existing and future holder of Priority Lien Obligations and Second Lien Obligations, the Priority Lien Collateral Agent, the Second Lien Collateral Trustee, all holders of each current and future Series of Third Lien Debt, each other current and future Third Lien Representative and each current and future holder of Third Lien Obligations and as a condition to being treated as Third Lien Debt under the Collateral Trust Agreement that:
Additional Secured Debt Designation. Reference is made to the Collateral Agency Agreement, dated as of July 16, 2019 (as amended, supplemented, amended and restated or otherwise modified and in effect from time to time, the “Collateral Agency Agreement”), among Grizzly Natural Gas, LLC, a Kentucky limited liability company (the “Company”), the Grantors and Guarantors from time to time party thereto, Citibank, N.A., as First-Out Representative (as defined therein), Citibank, N.A., as Term B Representative (as defined therein), and Citibank, N.A., as Collateral Agent. Capitalized terms used but not otherwise defined herein have the meanings assigned to them in the Collateral Agency Agreement. This Additional Secured Debt Designation is being executed and delivered in order to designate additional secured debt as Priority Lien Debt entitled to the benefit of the Collateral Agency Agreement. The undersigned, the duly appointed [specify title] of the Company hereby certifies on behalf of [the Company or applicable Grantor] that:
Additional Secured Debt Designation. Reference is made to the Collateral Trust Agreement, dated as of February [__], 2016 (as amended, supplemented, amended and restated or otherwise modified and in effect from time to time, the “Collateral Trust Agreement”), among Vanguard Natural Resources, LLC (“Vanguard”), VNR Finance Corp. (collectively with Vanguard, the “Company”), the Grantors and Guarantors from time to time party thereto, U.S. Bank National Association, as Trustee (as defined therein), and U.S. Bank National Association, as Collateral Trustee. Capitalized terms used but not otherwise defined herein have the meanings assigned to them in the Collateral Trust Agreement. This Additional Secured Debt Designation is being executed and delivered in order to designate additional secured debt as Parity Lien Debt entitled to the benefit of the Collateral Trust Agreement. The undersigned, the duly appointed [specify title] of the Company hereby certifies on behalf of [the Company or applicable Grantor] that:
Additional Secured Debt Designation. Reference is made to the Collateral Trust Agreement, dated as of June 17, 2020 (as amended, supplemented, amended and restated or otherwise modified and in effect from time to time, the “Collateral Trust Agreement”), among SM Energy Company, a Delaware corporation (the “Company”), the Guarantors from time to time party thereto, UMB Bank, N.A., as Trustee under the Indenture (as defined therein), and UMB Bank, N.A., as Collateral Trustee. Capitalized terms used but not otherwise defined herein have the meanings assigned to them in the Collateral Trust Agreement. This Additional Secured Debt Designation is being executed and delivered in order to designate additional secured debt as Parity Lien Debt entitled to the benefit of the Collateral Trust Agreement. The undersigned, the duly appointed [specify title] of the Company hereby certifies on behalf of [the Company or applicable Grantor] that:
Additional Secured Debt Designation. On or prior to the C Term Borrowing Date, the Borrower shall have delivered to the Collateral Trustee (i) an Additional Secured Debt Designation (as defined in the Collateral Trust Agreement) in substantially the form of Exhibit A attached to the Collateral Trust Agreement and (ii) an Officers’ Certificate (as defined in the Collateral Trust Agreement) stating that (x) the requirements set forth in Section 3.8 of the Collateral Trust Agreement have been satisfied and (y) the C Term Loans are “Parity Lien Debt”. Upon the Administrative Agent’s good faith determination that the conditions specified in this Section 5B have been met, then the C Term Borrowing Date shall have been deemed to have occurred, regardless of any subsequent determination that one or more of the conditions thereto had not been met (although the occurrence of the C Term Borrowing Date shall not release Holdings or the Borrower from any liability for failure to satisfy one or more of the applicable conditions contained in this Section 5B).
Additional Secured Debt Designation. The undersigned, on behalf of itself and each holder of Obligations in respect of the Series of Parity Lien Debt for which the undersigned is acting as Parity Lien Representative hereby agrees, for the enforceable benefit of each existing and future holder of Priority Lien Obligations, the Priority Lien Collateral Agent, all holders of each current and future Series of Parity Lien Debt, each other current and future Parity Lien Representative and each current and future holder of Parity Lien Obligations and as a condition to being treated as Parity Lien Debt under the Collateral Trust Agreement that: all Parity Lien Obligations will be and are secured equally and ratably by all Parity Liens at any time granted by the Company or any other Grantor to secure any Obligations in respect of any Series of Parity Lien Debt, whether or not upon property otherwise constituting collateral for such Series of Parity Lien Debt, and that all such Parity Liens will be enforceable by the Collateral Trustee for the benefit of all holders of Parity Lien Obligations equally and ratably; the undersigned and each holder of Obligations in respect of the Series of Parity Lien Debt for which the undersigned is acting as Parity Lien Representative are bound by the provisions of this Agreement, including the provisions relating to the ranking of Parity Liens and the order of application of proceeds from the enforcement of Parity Liens; and the Collateral Trustee shall perform its obligations under the Collateral Trust Agreement, the other Parity Lien Security Documents and the Intercreditor Agreement.
