Common use of Designations Clause in Contracts

Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Senior Lien Intercreditor Agreement and any Customary Intercreditor Agreement requiring the Issuer to designate Indebtedness for the purposes of the terms First-Priority Lien Obligations, Other Second-Lien Obligations, Junior Lien Obligations or any other such designations hereunder or under the Senior Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing that such First-Priority Lien Obligations, Other Second-Lien Obligations, Junior Lien Obligations or such other designations are permitted under this Indenture and is signed on behalf of the Issuer by an Officer and delivered to the Trustee and the Collateral Agent. For all purposes hereof and the Senior Lien Intercreditor Agreement, the Issuer hereby designates the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as “First-Priority Lien Obligations.”

Appears in 3 contracts

Samples: Supplemental Indenture (Talos Energy Inc.), Supplemental Indenture (Talos Energy Inc.), Supplemental Indenture (Talos Energy Inc.)

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Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Senior Lien Intercreditor Agreement and any Customary Intercreditor Agreement requiring the Issuer to designate Indebtedness for the purposes of the terms First-Priority Lien Obligations, Other Second-Lien Obligations, Junior Lien Obligations or any other such designations hereunder or under the Senior Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing that such First-Priority Lien Obligations, Other Second-Lien Obligations, Junior Lien Obligations or such other designations are permitted under this Indenture and is signed on behalf of the Issuer Issuers by an Officer and delivered to the Trustee and the Collateral Agent. For all purposes hereof and the Senior Lien Intercreditor Agreement, the Issuer Issuers hereby designates designate the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as “First-Priority Lien Obligations.”

Appears in 2 contracts

Samples: Exchange Agreement (Stone Energy Corp), Indenture (Talos Energy Inc.)

Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Senior Lien Intercreditor Agreement and any Customary Intercreditor Agreement requiring the Issuer to designate Indebtedness for the purposes of the terms First-Priority Lien Obligations, Other Second-Lien Obligations, Junior Lien Obligations or any other such designations hereunder or under the Senior Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing that such First-Priority Lien Obligations, Other Second-Lien Obligations, Junior Lien Obligations or such other designations are permitted under this Indenture and is signed on behalf of the Issuer Issuers by an Officer and delivered to the Trustee and the Collateral Agent. For all purposes hereof and the Senior Lien Intercreditor Agreement, the Issuer Table of Contents Issuers hereby designates designate the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as “First-Priority Lien Obligations.”

Appears in 2 contracts

Samples: Exchange Agreement (SAILFISH ENERGY HOLDINGS Corp), Exchange Agreement (Talos Energy Inc.)

Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Senior First Lien/Second Lien Intercreditor Agreement and any Customary Intercreditor Agreement requiring the Issuer to designate Indebtedness for the purposes of the terms First-Priority Lien Obligations, Other Second-Lien Priority Obligations, Junior Lien Obligations or any other such designations hereunder or under the Senior First Lien/Second Lien Intercreditor Agreement, any such designation shall be sufficient sufficient, unless otherwise provided in such First Lien/Second Lien Intercreditor Agreement, if the relevant designation provides in writing that such First-Priority Lien Obligations, Other Second-Lien Obligations, Priority Obligations or Junior Lien Obligations or such other designations are permitted under this Indenture and is signed on behalf of the Issuer by an Officer and delivered to the Trustee and 137 the Collateral Agent. For all purposes hereof and the Senior First Lien/Second Lien Intercreditor Agreement, the Issuer hereby designates the Obligations pursuant to the Credit Agreement and the First-Priority Notes as in effect on the Issue Date as First-Priority Lien Obligations.

Appears in 1 contract

Samples: Supplemental Indenture (SeaWorld Entertainment, Inc.)

Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Senior Lien Intercreditor Agreement and any Customary Intercreditor Agreement Agreements requiring the Issuer Company to designate Indebtedness for the purposes of the terms First-First Priority Lien Obligations, Other Second-Lien First Priority Obligations, ABL Obligations, Junior Lien Obligations or any other such designations hereunder or under the Senior Lien Intercreditor AgreementAgreements, any such designation shall be sufficient if the relevant designation provides in writing that such First-First Priority Lien Obligations, Other Second-Lien First Priority Obligations, ABL Obligations, Junior Lien Obligations or such other designations are permitted under this Indenture and is signed on behalf of the Issuer Company by an Officer and delivered to the Trustee and Trustee, the Collateral Agent, the First Priority Representative and the representative with respect to Junior Lien Obligations. For all purposes hereof and the Senior Lien Intercreditor AgreementAgreements, (a) the Issuer Company hereby designates the Obligations pursuant to the Credit Agreement indenture governing the Junior Notes as in effect on the Issue Date as “First-Junior Lien Obligations, and (b) the Company hereby designates the Notes and all Obligations owed hereunder as First Priority Lien Obligations.

Appears in 1 contract

Samples: Indenture (Momentive Performance Materials Inc.)

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Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Senior Lien Intercreditor Agreement and any Customary Intercreditor Agreement Agreements requiring the Issuer Issuers to designate Indebtedness for the purposes of the terms First-Priority Lien Obligations, Other Second-Lien ObligationsObligations , Junior Lien Obligations or any other such designations hereunder or under the Senior Lien Intercreditor AgreementAgreements, any such designation shall be sufficient if the relevant designation provides in writing that such First-Priority Lien Obligations, Junior Lien Obligations or Other Second-Lien Obligations, Junior Lien Obligations or such other designations are permitted under this Indenture and is signed on behalf of the Issuer Holdings by an Officer and delivered to the Trustee Trustee, the Second Lien Collateral Agent and the Collateral First Lien Agent. For all purposes hereof and the Senior Lien Intercreditor AgreementAgreements, the Issuer Holdings hereby designates the Obligations pursuant to the Credit Agreement as in effect on the Issue Escrow Release Date as First-Priority Lien Obligations and the Obligations pursuant to the Term Loan Facility as in effect on the Escrow Release Date as Other Second-Lien Obligations.

Appears in 1 contract

Samples: Supplemental Indenture (MBOW Four Star, L.L.C.)

Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Senior Lien Intercreditor Agreement and any Customary Intercreditor Agreement Agreements requiring the Issuer to designate Indebtedness for the purposes of the terms ABL Obligations, First-Priority Lien Obligations, Other Second-Lien Priority Obligations, Junior Lien Obligations or any other such designations hereunder or under the Senior Lien Intercreditor AgreementAgreements, any such designation shall be sufficient if the relevant designation provides in writing that such ABL Obligations, First-Priority Lien Obligations, Other Second-Lien Obligations, Priority Obligations or Junior Lien Obligations or such other designations are permitted under this Indenture and is signed on behalf of the Issuer by an Officer and delivered to the Trustee and the Collateral Agent. For all purposes hereof and the Senior Lien Intercreditor AgreementAgreements, the Issuer hereby designates (x) the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as First-Priority Lien Obligations and (y) the Obligations pursuant to the ABL Facility as in effect on the Issue Date as ABL Obligations.

Appears in 1 contract

Samples: Supplemental Indenture (DS Services of America, Inc.)

Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Senior Lien Intercreditor Agreement and any Customary Intercreditor Agreement Agreements requiring the Issuer to designate Indebtedness for the purposes of the terms ABL Obligations, First-Priority Lien Obligations, Other Second-Lien Priority Obligations, Junior Lien Obligations or any other such designations hereunder or under the Senior Lien Intercreditor AgreementAgreements, any such designation shall be sufficient if the relevant designation provides in writing that such ABL Obligations, First-Priority Lien Obligations, Other Second-Lien Obligations, Priority Obligations or Junior Lien Obligations or such other designations are permitted under this Indenture and is signed on behalf of the Issuer by an Officer and delivered to the Trustee and the Collateral Agent. For all purposes hereof and the Senior Lien Intercreditor AgreementAgreements, the Issuer hereby designates the Obligations pursuant to the Credit Agreement as in effect on the Issue Date date hereof as First-Priority Lien Obligations and as ABL Obligations.

Appears in 1 contract

Samples: Supplemental Indenture (Cott Corp /Cn/)

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