Acknowledgment of Intercreditor Agreement. This Agreement is conditioned upon the Assignee’s acknowledgment of, and agreement to be bound by, the Intercreditor Agreement dated as of June 12, 2009 by and among PNC Bank, National Association, as a Funding Agent, the Bank of Nova Scotia, as a Funding Agent and as Receivables Collateral Agent, JPMorgan Chase Bank, N.A., as Lender Agent, U. S. Steel Receivables LLC, as Transferor, and United States Steel Corporation, as Originator, as Initial Servicer and as Borrower. The execution of this Agreement by the Assignee is evidence of such acknowledgment and agreement.
Acknowledgment of Intercreditor Agreement. Each Lender acknowledges that the obligations of the Borrower under the Credit Agreement are secured by Liens on assets of the Borrower and the Guarantors that constitute Collateral and that the relative Lien priority and other creditor rights of the Secured Parties and the secured parties under the ABL Credit Agreement are set forth in the Intercreditor Agreement. Each Lender hereby acknowledges that it has received a copy of the Intercreditor Agreement. Each Lender hereby irrevocably (a) consents to the subordination of the Liens on the ABL Priority Collateral securing the Secured Obligations on the terms set forth in the Intercreditor Agreement, (b) agrees that such Lender is bound by the provisions of the Intercreditor Agreement as if it were a signatory thereto and will take no actions contrary to the provisions of the Intercreditor Agreement and (c) agrees that no Lender shall have any right of action whatsoever against the Administrative Agent as a result of any action taken by the Administrative Agent in accordance with the terms of the Intercreditor Agreement. Each Lender hereby further irrevocably authorizes and directs the Administrative Agent (i) to take such actions as shall be required to release Liens on the Collateral in accordance with the terms of the Intercreditor Agreement and (ii) to enter into such amendments, supplements or other modifications to the Intercreditor Agreement in connection with any extension, renewal, refinancing or replacement of any Secured Obligations or the ABL Credit Agreement as are reasonably acceptable to the Administrative Agent to give effect thereto, in each case on behalf of such Lender and without any further consent, authorization or other action by such Lender. The Administrative Agent shall have the benefit of the provisions of Article VIII of the Amended Credit Agreement with respect to all actions taken by it in accordance with the terms of the Intercreditor Agreement to the full extent thereof. The secured parties under the ABL Credit Agreement are intended third party beneficiaries of this provision.
Acknowledgment of Intercreditor Agreement. The Lender Parties hereby acknowledge and agree that the exercise of remedies under this Agreement shall be subject to and in accordance with the express provisions of the ICA. Any notice of default given to the Borrowers under this Agreement shall be deemed to be expressly stated to be subject to the terms of the ICA.
Acknowledgment of Intercreditor Agreement. The Lenders acknowledge that amounts payable by the Borrower and the Guarantors under this Agreement and the Combined Loan Documents are subject to the sharing and other provisions in the Intercreditor Agreement.
Acknowledgment of Intercreditor Agreement. The Issuer acknowledges that the Trustee has entered into the Intercreditor Agreement.
Acknowledgment of Intercreditor Agreement. The Lenders acknowledge that amounts payable by the Borrower and the Guarantors under this Agreement and the Combined Loan Documents are subject to the sharing and other provisions in the Intercreditor Agreement. The parties hereto have caused this Agreement to be duly executed as of the day and year first above written. QUICKSILVER RESOURCES INC., a Delaware corporation By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx, Senior Vice President – Chief Financial Officer COWTOWN PIPELINE MANAGEMENT, INC., a Texas corporation, solely with respect to Section 12.20 By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx, Senior Vice President – Chief Financial Officer COWTOWN PIPELINE FUNDING, INC., a Delaware corporation, solely with respect to Section 12.20 By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx, Senior Vice President – Chief Financial Officer COWTOWN GAS PROCESSING L.P., a Texas limited partnership, solely with respect to Section 12.20 By: Cowtown Pipeline Management, Inc., its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx, Senior Vice President – Chief Financial Officer COWTOWN PIPELINE L.P., a Texas limited partnership, solely with respect to Section 12.20 By: Cowtown Pipeline Management, Inc., its general partner By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx, Senior Vice President – Chief Financial Officer JPMORGAN CHASE BANK, N.A., as a Lender, Issuing Bank, Swingline Lender and as Global Administrative Agent By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Officer BANK OF AMERICA, N.A., as a Lender and as Syndication Agent By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Director DEUTSCHE BANK TRUST COMPANY AMERICAS, as a Lender By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Director By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director DEUTSCHE BANK SECURITIES INC., as a Co-Documentation Agent By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Director By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Vice President [SIGNATURE PAGE TO CREDIT AGREEMENT – QUICKSILVER RESOURCES INC.] BNP PARIBAS, as a Lender and as Co-Documentation Agent By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Director By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Director XXXXX FARGO BANK, N.A., as a Lender and as Co-Documentation Agent By: /s/ Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Xxxxx: Vice President [SIGNATURE PAGE TO CREDIT AGREEMENT – QUICKSILVER RESOURCES INC.] UBS LOAN FINANCE LLC, as a Lender By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Associate...
Acknowledgment of Intercreditor Agreement. An Acknowledgment of Intercreditor Agreement duly executed by each Lender that is not a party thereto immediately prior to the Closing Date;
Acknowledgment of Intercreditor Agreement. The FILO Agent, on behalf of itself and each FILO Secured Party, (a) hereby consents to the subordination of the Liens on the Collateral other than the ABL Priority Collateral securing the Obligations on the terms set forth in the Intercreditor Agreement, and (b) hereby agrees that it will be bound by and will take no actions contrary to the provisions of the Intercreditor Agreement.
Acknowledgment of Intercreditor Agreement. Each Lender hereto acknowledges having reviewed the Intercreditor Agreement and agrees to the amendments and modifications to certain duties of the Agent and terms of this Agreement resulting therefrom.
Acknowledgment of Intercreditor Agreement. An Acknowledgment of Intercreditor Agreement duly executed by each Lender;
