Term Loan Intercreditor Agreement. Each Lender and Issuing Lender hereunder (on behalf of itself and its Affiliates): (a) consents to the subordination of Liens provided for in the Term Loan Intercreditor Agreement, (b) agrees that it will be bound by and will take no actions contrary to the provisions of the Term Loan Intercreditor Agreement and (c) authorizes and instructs the Agent to enter into the Term Loan Intercreditor Agreement as the ABL Collateral Agent (as defined in the Term Loan Intercreditor Agreement) and ABL Administrative Agent (as defined in the Term Loan Intercreditor Agreement), on behalf of such Lender and Issuing Lender. The foregoing provisions are intended as an inducement to the Term Claimholders (as defined in the Term Loan Intercreditor Agreement) to enter into the arrangements contemplated by the Term Loan Collateral Documents (as defined in the Term Loan Intercreditor Agreement) and the Term Claimholders are intended third party beneficiaries of such provisions and the provisions of the Term Loan Intercreditor Agreement.
Term Loan Intercreditor Agreement. The Administrative Agent and Collateral Agent are authorized to enter into the Term Loan Intercreditor Agreement, and each of the parties hereto acknowledges that it has received a copy of the Term Loan Intercreditor Agreement and that the Term Loan Intercreditor Agreement is binding upon it. Each Lender and L/C Issuer hereunder (on behalf of itself and any Secured Parties that may be its Affiliate): (a) hereby consents to the subordination of Liens on the terms set forth in the Term Loan Intercreditor Agreement, (b) hereby agrees that it will be bound by and will take no actions contrary to the provisions of the Term Loan Intercreditor Agreement and (c) hereby authorizes and instructs the Administrative Agent to enter into the Term Loan Intercreditor Agreement and any amendments or supplements expressly contemplated thereby as the ABL Administrative Agent (as defined in the Term Loan Intercreditor Agreement), on behalf of such Lender and L/C Issuer. In the event of any conflict between the terms of this Agreement and the terms of the Term Loan Intercreditor Agreement, the terms of the Term Loan Intercreditor Agreement shall control.
Term Loan Intercreditor Agreement. (a) This Related Real Estate Collateral Security Agreement and the Liens granted to the Administrative Agent pursuant to this Related Real Estate Collateral Security Agreement or any other Loan Documents in any Collateral and the exercise of any right or remedy with respect to any Collateral hereunder or any other Loan Document are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any inconsistency between the terms of this Related Real Estate Collateral Security Agreement and the terms of the Term Loan Intercreditor Agreement, the terms of the Term Loan Intercreditor Agreement shall control.
Term Loan Intercreditor Agreement. Without limiting the generality of the foregoing, each Lender agrees that (a) such Lender has received and reviewed a copy of the Term Loan Intercreditor Agreement and any exhibits and schedules to them, (b) the Administrative Agent is authorized to execute, deliver and perform its obligations under the Term Loan Intercreditor Agreement on behalf of such Lender, and (c) such Lender is and shall be bound (as a Lender) in all respects by the terms and conditions of the Term Loan Intercreditor Agreement as if a direct signatory party thereto.
Term Loan Intercreditor Agreement. The Term Loan Lenders and Agent shall have received a fully executed and delivered Term Loan Intercreditor Agreement, in form and substance reasonably satisfactory to Agent, Co-Collateral Agents and the Lenders, and such Term Loan Intercreditor Agreement shall be in full force and effect;
Term Loan Intercreditor Agreement. The parties hereto acknowledge: (i) that the exercise of certain of the Administrative Agent’s and the Lenders’ rights and remedies hereunder may be subject to, and restricted by, the provisions of the Term Loan Intercreditor Agreement, and (ii) to the extent any Loan Party is required under the Loan Document to deliver any Collateral to the Administrative Agent for purposes of possession and is unable to do so as a result of having delivered such Collateral to the Term Loan Agent in accordance with the terms of the Term Loan Intercreditor Agreement, such Loan Party’s obligations hereunder with respect to such delivery shall be deemed satisfied by the delivery to the Term Loan Agent, acting as agent for perfection of the Administrative Agent. (Signature Pages Follow) 158
Term Loan Intercreditor Agreement. Notwithstanding anything to the contrary set forth in the Term Loan Intercreditor Agreement, with respect to rights and remedies of any of the ABL Secured Parties and the LC Secured Parties, as between each other, in the event of any conflict or inconsistency with the terms and conditions set forth herein with respect to the Collateral, as between the ABL Secured Parties and the LC Secured Parties, the terms of this Agreement shall govern and control.
Term Loan Intercreditor Agreement. Each Lender (a) authorizes Agent to take any action reasonably related to the termination of any Black Canyon Document to which it is a party, (b) authorizes the execution, delivery and performance of the terms and conditions of the Term Loan Intercreditor Agreement by Agent in form and substance satisfactory to Agent (including, but not limited to, the subordination of the security interests and liens of Agent with respect to Collateral other than the Revolving Loan Priority Collateral to the security interests and liens of Term Loan Agent as provided therein) and (c) agrees to perform, comply with and be bound by all terms, conditions and covenants (as a Lender) of the Term Loan Intercreditor Agreement as if it were a signatory thereto.
Term Loan Intercreditor Agreement. Administrative Agent and the Collateral Agent are hereby authorized by the Lenders to enter into the Term Loan Intercreditor Agreement, and the parties hereto acknowledge that the Term Loan Intercreditor Agreement is binding upon them. Each Lender (a) hereby consents to the subordination of the Liens on the Term Priority Collateral (as defined in the Term Loan Intercreditor Agreement) securing the Obligations on the terms set forth in the Term Loan Intercreditor Agreement, (b) hereby agrees that it will be bound by and will take no actions contrary to the provisions of the Term Loan Intercreditor Agreement and (c) hereby authorizes and instructs Administrative Agent and Collateral Agent to enter into the Term Loan Intercreditor Agreement and to subject the Liens on the Collateral securing the Obligations to the provisions thereof. The foregoing provisions are intended as an inducement to the Term Loan Secured Parties (as such term is defined in the Term Loan Intercreditor Agreement) to extend credit to the Credit Parties and such Term Loan Secured Parties are intended third-party beneficiaries of such provisions and the provisions of the Term Loan Intercreditor Agreement.
Term Loan Intercreditor Agreement. Notwithstanding anything herein to the contrary, the exercise of any right or remedy by the Agent or the Lenders hereunder with respect to any Collateral is subject to the provisions of the Term Loan Intercreditor Agreement.”
