Common use of Other Pari Passu Obligations Clause in Contracts

Other Pari Passu Obligations. On or after the date hereof and so long as the obligations are permitted to be incurred under the Note Documents and are not prohibited by any Other Pari Passu Documents then in effect, the Company may from time to time designate obligations in respect of Indebtedness to be secured on a pari passu basis with the Obligations as Other Pari Passu Obligations hereunder and under the other Security Documents by delivering to the Collateral Agent, Trustee and each other Authorized Representative (a) a certificate signed by an Authorized Officer of the Company (i) identifying the obligations so designated and the initial aggregate principal amount or face amount thereof, (ii) stating that such obligations are designated as Other Pari Passu Obligations for purposes hereof and of the other Security Documents, (iii) representing that such designation of such obligations as Other Pari Passu Obligations complies with the terms of the Indenture and any Other Pari Passu Document then in effect, (iv) specifying the name and address of the Authorized Representative for such obligations and (v) identifying the documents to be designated as the related Other Pari Passu Obligations Documents and (b) a fully executed Other Pari Passu Obligations Secured Party Joinder Agreement. The Collateral Agent, Trustee and each Authorized Representative agree that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of the Security Documents for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Other Pari Passu Obligations, and the Collateral Agent and each Authorized Representative agree to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Other Pari Passu Obligations as set forth in each Other Pari Passu Obligations Secured Party Joinder Agreement and agree, on behalf of itself and each Secured Party it represents, to be bound by this Agreement, the other Security Documents, and the Secured Notes Intercreditor Agreement.

Other Pari Passu Obligations. On or after the date hereof and so long as the obligations are permitted to be incurred under the Note Documents and are not prohibited by any Other Pari Passu Documents then in effect, the Company The Issuer may from time to time designate obligations in respect of Indebtedness to be secured on a pari passu basis with the Obligations as Other Pari Passu Obligations permitted by the Indenture to be secured by a Lien on the Collateral as Obligations hereunder and under the other Security Documents by delivering to the Collateral Agent, Trustee and each other Authorized Representative Agent (a) a certificate signed by an Authorized Officer of the Company Issuer (i) identifying the obligations Other Pari Passu Obligations so designated and the initial aggregate principal amount or face amount thereof, (ii) stating that such obligations are designated as Other Pari Passu Obligations are designated as Obligations for purposes hereof and of the other Security Documentshereof, (iii) representing that such designation of such obligations as Other Pari Passu Obligations complies with the terms of the Indenture Documents and any Other Pari Passu Document then in effect, (iv) specifying the name and address of the Authorized Representative for the holders of such obligations and (v) identifying the documents to be designated as the related Other Pari Passu Obligations Documents and (b) a fully executed Other Pari Passu Obligations Additional Secured Party Joinder AgreementConsent. The Collateral Agent, Trustee and each Authorized Representative agree Agent agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as collateral agent under and subject to the terms of this Agreement and the Security Documents Intercreditor Agreement for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Other Pari Passu Obligations, and the Collateral Agent and each . Each Authorized Representative agree that executes any Additional Secured Party Consent agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as collateral agent for the holders of such Other Pari Passu Obligations as set forth in each Other Pari Passu Obligations Secured Party Joinder Agreement and agreeagrees, on behalf of itself and each Secured Party it represents, to be bound by the terms of this Agreement and the Intercreditor Agreement and, with respect to the rights, duties and immunities of the Collateral Agent, by the Indenture and the Intercreditor Agreement. Upon the satisfaction of the conditions set forth in this Section 5.01, such Other Pari Passu Obligations shall become Obligations hereunder with the same force and effect as if originally included in the Obligations hereunder. The rights and obligations of each party to this Agreement shall remain in full force and effect notwithstanding the addition of any new Obligations to this Agreement, the other Security Documents, and the Secured Notes Intercreditor Agreement.

Other Pari Passu Obligations. On or after (a) To the date hereof and so long as extent, but only to the obligations are permitted to be incurred under the Note Documents and are extent, not prohibited by any Other the provisions of the Revolver Credit Agreement and the other Pari Passu Documents then in effectDocuments, the Company may from time incur (x) additional Indebtedness (which for the avoidance of doubt shall include any Indebtedness incurred pursuant to time designate obligations in respect of a Refinancing except to the extent constituting Indebtedness to be under a Replacement Revolver Credit Agreement) that is secured on a pari passu an equal and ratable basis with the Liens (other than any Declined Liens) securing the Revolver Credit Agreement Obligations as and the Other Pari Passu Obligations hereunder (such Indebtedness, “Additional Debt”) and (y) Indebtedness under any Replacement Revolver Credit Agreement that is secured on an equal and ratable basis with the Liens (other Security Documents by delivering to than any Declined Liens) securing the Collateral Agent, Trustee and each other Authorized Representative (a) a certificate signed by an Authorized Officer of the Company (i) identifying the obligations so designated and the initial aggregate principal amount or face amount thereof, (ii) stating that such obligations are designated as Other Pari Passu Obligations. Any such Additional Debt and related other Pari Passu Obligations for purposes hereof may be secured by a Lien on a ratable basis, in each case under and of pursuant to the other Security Documents, (iii) representing that such designation of such obligations as Other Pari Passu Obligations complies with Documents, if and subject to the terms condition that the Additional Representative of any such Additional Debt, acting on behalf of the Indenture holders of such Additional Debt (such Additional Representative and holders in respect of any Other Pari Passu Document then in effectAdditional Debt being referred to as “Additional Secured Parties”), (iv) specifying each becomes a party to this Agreement by satisfying the name and address of the Authorized Representative for such obligations and (v) identifying the documents to be designated as the related Other Pari Passu Obligations Documents and (b) a fully executed Other Pari Passu Obligations Secured Party Joinder Agreement. The Collateral Agent, Trustee and each Authorized Representative agree that upon the satisfaction of all conditions set forth in Section 5.14(b). Any Indebtedness and other Revolver Credit Agreement Obligations under any Replacement Revolver Credit Agreement may be secured by Liens on an equal and ratable basis, in each case under and pursuant to the preceding sentenceRevolver Credit Agreement Documents, the Collateral Agent shall act as agent under if and subject to the terms condition that the Replacement Representative, acting on behalf of the Security Documents for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Other Pari Passu Obligations, and the Collateral Agent and each Authorized Representative agree to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Other Pari Passu Obligations as Revolver Credit Agreement Obligations, becomes a party to this Agreement by satisfying the conditions set forth in each Other Pari Passu Obligations Secured Party Joinder Agreement and agree, on behalf of itself and each Secured Party it represents, to be bound by this Agreement, the other Security Documents, and the Secured Notes Intercreditor AgreementSection 5.14(b).