Common use of Designations Clause in Contracts

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

Appears in 8 contracts

Samples: Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.)

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

Appears in 5 contracts

Samples: Supplemental Indenture (TAMINCO ACQUISITION Corp), Supplemental Indenture (Harrahs Entertainment Inc), Indenture (Harrahs Entertainment Inc)

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

Appears in 3 contracts

Samples: Indenture (Berry Plastics Group Inc), Indenture (Berry Plastics Corp), Indenture (Berry Plastics Corp)

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

Appears in 2 contracts

Samples: Supplemental Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (Harrahs Entertainment Inc)

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

Appears in 1 contract

Samples: Indenture (Berry Global Group Inc)

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

Appears in 1 contract

Samples: Supplemental Indenture (Berry Global Group Inc)

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