ABL/Term Intercreditor Agreement. The ABL/Term Intercreditor Agreement shall have been duly executed and delivered by each party thereto and shall be in full force and effect.
ABL/Term Intercreditor Agreement. This Agreement and the other Credit Documents are subject to the terms and conditions set forth in the ABL/Term Intercreditor Agreement in all respects and, in the event of any conflict between the terms of the ABL/Term Intercreditor Agreement and this Agreement, the terms of ABL/Term Intercreditor Agreement shall govern. Notwithstanding anything herein to the contrary, the Lien and security interest granted to the Collateral Agent pursuant to any Credit Document and the exercise of any right or remedy in respect of the Collateral by the Collateral Agent (or any Secured Creditor) hereunder or under any other Credit Document are subject to the provisions of the ABL/Term Intercreditor Agreement and in the event of any conflict between the terms of the ABL/Term Intercreditor Agreement, this Agreement and any other Credit Document, the terms of the ABL/Term Intercreditor Agreement shall govern and control with respect to the exercise of any such right or remedy. Without limiting the generality of the foregoing, and notwithstanding anything herein to the contrary, no Credit Party shall be required hereunder or under any Credit Document to take any action with respect to the Collateral that is inconsistent with such Credit Parties' obligations under the ABL/Term Intercreditor Agreement.
ABL/Term Intercreditor Agreement. This Agreement and the other Credit Documents are subject to the terms and conditions set forth in the ABL/Term Intercreditor Agreement in all respects and, in the event of any conflict between the terms of the ABL/Term Intercreditor Agreement and this Agreement, the terms of ABL/Term Intercreditor Agreement shall govern. Notwithstanding anything herein to the contrary, the Lien and security interest granted to the Collateral Agent pursuant to any Credit Document and the exercise of any right or remedy in respect of the Collateral by the Collateral Agent (or any Secured Creditor) hereunder or under any other Credit Document are subject to the provisions of the ABL/Term Intercreditor Agreement and in the event of any conflict between the terms of the ABL/Term Intercreditor Agreement, this Agreement and any other Credit Document, the terms of the ABL/Term Intercreditor Agreement shall govern and control with respect to the exercise of any such right or remedy. Without limiting the generality of the foregoing, and notwithstanding anything herein to the contrary, no Credit Party shall be required hereunder or under any Credit Document to take any action with respect to the Collateral that is inconsistent with such Credit Parties’ obligations under the ABL/Term Intercreditor Agreement. Prior to the Discharge of Fixed Asset Obligations (as defined in the ABL/Term Intercreditor Agreement), the delivery or granting of “control” (as defined in the UCC) of any Fixed Asset Priority Collateral (as defined in the ABL/Term Intercreditor Agreement) to the Controlling Fixed Asset Collateral Agent (as defined in the ABL/Term Intercreditor Agreement) shall satisfy any such delivery or granting of “control” requirement hereunder or under any other Credit Document with respect to any Fixed Assets Priority Collateral (as defined in the ABL/Term Intercreditor Agreement) to the extent that such deliver or granting of “control” is consistent with the terms of the ABL/Term Intercreditor Agreement. [Remainder of this page intentionally left blank; signature page follows]
ABL/Term Intercreditor Agreement. Notwithstanding anything herein to the contrary, the Lien and security interest granted pursuant to this Agreement and the exercise of any right or remedy hereunder are subject to the provisions of the ABL-Term Intercreditor Agreement. In the event of any conflict between the terms of the ABL-Term Intercreditor Agreement and this Agreement, the terms of the ABL-Term Intercreditor Agreement shall govern and control. Without limiting the generality of the foregoing, and notwithstanding anything herein to the contrary until the Discharge of Term Priority Obligations (as defined in the ABL-Term Intercreditor Agreement), any obligation of any Grantor hereunder or under any other Collateral Document with respect to the delivery of any Term Priority Collateral shall be deemed to be satisfied by delivery of such Term Priority Collateral to the Term Agent pursuant to the Term Collateral Documents (as defined in the ABL-Term Intercreditor Agreement).
ABL/Term Intercreditor Agreement. Each of the Lenders and L/C Issuers hereby acknowledges that it has received and reviewed the ABL/Term Intercreditor Agreement and agrees to be bound by the terms thereof. Each Lender and L/C Issuers (and each Person that becomes a Lender or L/C Issuer under this Agreement) hereby authorizes and directs Xxxxx Fargo, as representative for the Secured Parties, to enter into the ABL/Term Intercreditor Agreement on behalf of such Lender and agrees such representative may take such actions on its behalf as is contemplated by the terms of the ABL/Term Intercreditor Agreement. In addition, each Lender and Agent acknowledge and agree that (a) the rights and remedies of the Agents, Lenders and L/C Issuers hereunder and under the other Loan Documents are subject to the ABL/Term Intercreditor Agreement and (b) in the event of a conflict, the provisions of the ABL/Term Intercreditor Agreement shall control. Each Lender further understands, acknowledges and agrees that the provisions setting forth the priorities as between the Secured Parties and the Term Secured Parties are set forth in the ABL/Term Intercreditor Agreement.
ABL/Term Intercreditor Agreement. For so long as the ABL/Term Intercreditor Agreement is in effect, this Agreement and the other Loan Documents are subject to the terms and conditions set forth in the ABL/Term Intercreditor Agreement in all respects and, in the event of any conflict between the terms of the ABL/Term Intercreditor Agreement and this Agreement, the terms of the ABL/Term Intercreditor Agreement shall govern. Upon the expiration or termination of the ABL/Term Intercreditor Agreement, all references to the ABL/Term Intercreditor Agreement in this Agreement shall be of no further force or effect.
ABL/Term Intercreditor Agreement. Lender shall have received counterparts to the ABL/Term Intercreditor Agreement from Lender, the ABL Agent and the Loan Parties.
ABL/Term Intercreditor Agreement. Notwithstanding any provision contained herein, (i) this Agreement, the Liens created hereby and the rights, remedies, duties and obligations provided for herein are subject to the ABL/Term Intercreditor Agreement and (ii) in the event of a conflict, the provisions of the ABL/Term Intercreditor Agreement shall control.
ABL/Term Intercreditor Agreement. The Administrative Agent and the FILO B Documentation Agent shall have received the ABL / Term Intercreditor Agreement, duly executed by the Term Loan Agent and the Loan Parties, and which shall, concurrently with the effectiveness of this Agreement and the funding of the initial Loans on the Closing Date, be in full force and effect.
ABL/Term Intercreditor Agreement. Each Lender party hereto understands, acknowledges and agrees that, in the case of any Permitted Term Debt, it is the intention of the parties hereto that each of the Finance Obligations and the obligations under such Permitted Term Finance ObligationsDebt are intended to constitute a distinct and separate class from the other, and, as between each of the ABL Credit Parties and the Term “Secured Parties” under any Permitted Term Debt, it is the intention of the parties that so, as long as there is no Second Lienjunior lien Indebtedness outstanding, (i) the Finance Obligations (including all post-petition interest with respect thereto) shall have a first priority security interest in all ABL Priority Collateral and the obligations under the Permitted Term Finance ObligationsDebt (including all post-petition interest with respect thereto) shall have a second priority security interest in all such ABL Priority Collateral and (ii) the obligations under the Permitted Term Finance ObligationsDebt (including all post-petition interest with respect thereto) shall have a first priority security interest in all “Term Priority Collateral and that the Finance Obligations (including all post-petition interest with respect thereto) have a second priority security interest in all Term Priority Collateral” (as defined in any Intercreditor Agreement). Each Lender further understands, acknowledges and agrees that the provisions setting forth the priorities as between the ABL Credit Parties and the Term “Secured Parties are” under any Permitted Term Debt shall be as set forth in the ABL/Term Intercreditor Agreement. Each Lender agrees that it will be bound by, and will take no actions contrary to, the provisions of the ABL/Termany Intercreditor Agreement. Each Lender authorizes and instructs the Administrative Agent and the Collateral Agent to enter into theany Collateral Documents and the ABL/Termany Intercreditor Agreement on behalf of such Lender and to take all actions (and execute all documents) required (or deemed advisable) by the Administrative Agent or the Collateral Agent in accordance with the terms of the Collateral Documents and the ABL/Termany Intercreditor Agreement. The provisions of this Section 10.19 are not intended to summarize all relevant provisions of the ABL/Term Intercreditor Agreement, a form of which is attached hereto as Exhibit H-1. Reference must be made to the ABL/Termany Intercreditor Agreement to understand all terms and conditions thereof. E...
