Additional Creditors. Additional Creditors may, upon compliance with the relevant provisions of the Secured Agreements, become "Secured Parties" hereunder by executing and delivering to the Collateral Agent and to each of the then existing Secured Parties (a) a joinder agreement in the form attached hereto as Exhibit A and (b) a copy of the Additional Facility or Additional Facilities to which such Person is a party. Upon the execution and delivery of any such copy of this Agreement by any such Person, such Person, shall, upon delivery thereof to the then existing Secured Parties, thereafter become a Secured Party for all purposes of this Agreement.
Additional Creditors. VUE covenants that it shall cause any of its Affiliates which from time to time become a creditor or other obligee of the Company (solely in respect of the Subordinated Fees) to become a party to this Agreement and bound by its terms, through the execution of an Addendum to Subordination Agreement, substantially in the form of Exhibit I attached hereto.
Additional Creditors. If the Equityholder (or (i) any Subsidiary of the Equityholder or (ii) special purpose entity formed after the Effective Date owned or sponsored in whole or in part by the Equityholder) finances with any Person other than Deutsche Bank AG (or any Affiliate or Subsidiary thereof) any Loan, Senior Secured Bond or Participation Interest an interest in which is also included as a Collateral Obligation, then the Servicer will (or will cause), at the request of the Facility Agent in its sole discretion, the execution of an intercreditor agreement in form and substance reasonably satisfactory to the Facility Agent.
Additional Creditors. If the Equityholder (or (i) any Subsidiary of the Equityholder or (ii) special purpose entity formed after the Effective Date owned or sponsored in whole or in part by the Equityholder) finances any assets similar to the Collateral Obligations with any Person other than Deutsche Bank AG (or any Affiliate or Subsidiary thereof), then the Servicer will (or will cause), at the request of the Facility Agent in its sole discretion, the execution of an intercreditor agreement in form and substance reasonably satisfactory to the Facility Agent.
Additional Creditors. If the Equityholder (or (i) any Subsidiary of the Equityholder (other than the Borrower) or (ii) special purpose entity formed after the Effective Date owned or sponsored in whole or in part by the Equityholder) finances any assets constituting a portion of the same underlying debt obligation as any Collateral Obligations with any Person other than Deutsche Bank AG (or any Affiliate or Subsidiary thereof) (such facility, an “Incremental Facility”), then the Servicer will (or will cause), at the request of the Facility Agent in its sole discretion, the execution of an intercreditor agreement in substantially the form attached hereto as Exhibit I (or in another form with substance reasonably satisfactory to the Facility Agent).
Additional Creditors. Upon the execution of a Counterpart by any Additional Creditor (either directly or through its agents) and delivery of such Counterpart to the other parties hereto, such Additional Creditor shall be as fully a party to this Agreement as a Benefitted Party as if such Additional Creditor was an original signatory hereof without any action required to be taken by any other party hereto, provided that each such Additional Creditor shall execute this Agreement simultaneously with the Subsidiary Guarantors’ execution and delivery to it of a Subsidiary Guaranty. Each other party to this Agreement expressly agrees that its rights and obligations arising hereunder shall continue after giving effect to the addition of such Additional Creditor as a party to this Agreement. Notwithstanding the foregoing, after the occurrence and during the continuation of an event of default under any Senior Loan Document, no Additional Creditor (other than a Prudential Affiliate pursuant to Section 10(e) hereof) may become party to this Agreement.
Additional Creditors. Each of Universal and Rank covenants that it shall cause any of their respective Affiliates which from time to time become(s) a creditor or other obligee of the Borrower (otherwise than in respect of obligations which would not constitute Subordinated Debt) to become a party to this Agreement and bound by its terms, through the execution of an Addendum to Subordination Agreement, substantially in the form of Exhibit I hereto. The Borrower and each partner in the Borrower further agrees to cause each Person which becomes a partner in the Borrower by reason of the creation or transfer of a partnership interest by it (i) so to become a party to this Agreement and (ii) to make the undertaking set forth in the preceding sentence with respect to its Affiliates.
Additional Creditors. Additional Persons which receive a "Guaranty" of "Indebtedness" of the Company (as such terms are defined in the Note Purchase Agreements) as contemplated in Section 9.8 of the Note Purchase Agreements may become "Creditors" hereunder by executing and delivering to each of the then existing Creditors (i) a copy of this Agreement so executed and (ii) a copy of the agreement or documents pursuant to which such Person becomes a creditor of the Subsidiary Guarantors. Accordingly, upon the execution and delivery of any such copy of this Agreement by any such Person, such Person shall thereinafter become a Creditor for all purposes of this Agreement. Notwithstanding the foregoing or any other provision of this Agreement, the provisions hereof shall not in any manner modify any covenant, obligation or agreement of the Company and its Subsidiaries contained in the Credit Documents with respect to (x) limitations on additional indebtedness of the Company or any Subsidiary permitted under any Credit Document or (y) limitations on liens or security interests which may be created or granted by the Company or any Subsidiary under such Credit Document.
Additional Creditors. Upon the execution of a Counterpart by any Additional Creditors (either directly or through their agents) and delivery of such Counterpart to the other parties hereto, such entity or entities shall be as fully a party to this Agreement as a Benefitted Party as if such entity or entities were an original signatory hereof without any action required to be taken by any other party hereto, provided that each such entity or entities shall execute this Agreement simultaneously with the Subsidiary Guarantors' execution and delivery to it or them of a Subsidiary Guaranty. Each other party to this Agreement expressly agrees that its rights and obligations arising hereunder shall continue after giving effect to the addition of such Additional Creditors as parties to this Agreement.
Additional Creditors. The undersigned hereby acknowledge and agree to the Intercreditor Agreement dated as of May 8, 2000, among Bank of America, N.A. and certain other creditors of Tech Data Corporation (“Tech Data”) and certain of its subsidiaries, Tech Data and certain of its subsidiaries (as amended, modified, supplemented or restated from time to time, the “Agreement”); and each of the undersigned hereby executes and delivers the Agreement and agrees to become a party thereto with all the rights, benefits and obligations of a Creditor (as defined in the Agreement) all as of the date hereof , , 200 . The undersigned Creditors have entered into the following facility with the Borrower [insert description of the debt facility of the Borrower] which is guaranteed by a Subsidiary Guarantor pursuant to [insert description of guaranty agreement] and the Indebtedness which is guaranteed and the Indebtedness created by the guaranty agreement is intended to be treated as Senior Parity Debt Obligations. If any of the undersigned is identified as a trustee or agent on behalf of other Additional Creditors, such undersigned hereby represents and warrants that it has authority and power to enter into the Agreement as trustee or agent on behalf of such Additional Creditors [ADDITIONAL CREDITORS] By: Its THIS AMENDMENT NO. 3 TO INTERCREDITOR AGREEMENT (this “Agreement”) is made and entered into as of this 7th day of March, 2005, by and among BANK OF AMERICA, N.A., a national banking association, as administrative agent (the “Administrative Agent”) for the Revolving Lenders under the Revolving Credit Agreement (defined below), SUNTRUST BANK, as administrative agent (the “Synthetic Lease Agent”) under the Synthetic Lease Documents (defined below), SUNTRUST EQUITY FUNDING, LLC, as Lessor under the Synthetic Lease Documents (the “Lessor”), and BANK OF AMERICA, N.A., as Collateral Agent (the “Collateral Agent”).
