Amended and Restated Intercreditor Agreement. Each of the parties thereto shall have executed and delivered the Amended and Restated Intercreditor Agreement in the form attached hereto as Exhibit D.
Amended and Restated Intercreditor Agreement. Reference is made to the Amended and Restated Intercreditor Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Intercreditor Agreement”), among the Borrower, Xxxxx Fargo Bank, National Association, as First Lien Administrative Agent (as defined therein), and Xxxxx Fargo Energy Capital, Inc., as Second Lien Administrative Agent (as defined therein). Notwithstanding anything herein to the contrary, the lien and security interest granted to the Administrative Agent, for the benefit of the Secured Parties, pursuant to this Agreement and the exercise of any right or remedy by the Administrative Agent and the other Secured Parties hereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict or inconsistency between the provisions of the Intercreditor Agreement and this Agreement, the provisions of the Intercreditor Agreement shall control.
Amended and Restated Intercreditor Agreement. The Amended and Restated Intercreditor Agreement shall have been approved by the Board of Directors of the Company and the applicable stockholders and executed and delivered by the Company and the stockholders party thereto.
Amended and Restated Intercreditor Agreement. AMENDED AND RESTATED INTERCREDITOR AGREEMENT dated as of November 22, 2021 (this “Agreement”), among JPMORGAN CHASE BANK, N.A., in its capacity as agent under the ABL Agreement (as defined below) (in such capacity, with its successors and assigns, and as more specifically defined below, the “ABL Representative”) for the ABL Secured Parties (as defined below), JPMORGAN CHASE BANK, N.A. (“JPMorgan”), in its capacity as collateral agent under the First Lien Term Loan Agreement (as defined below) (in such capacity, with its successors and assigns, and as more specifically defined below, the “
Amended and Restated Intercreditor Agreement. Each holder of a Note shall have received original counterparts or electronic copies of the Amended and Restated Intercreditor and Collateral Agency Agreement, dated as of April 17, 2020 in form and substance satisfactory to each holder of a Note and such agreement shall be in full force and effect.
Amended and Restated Intercreditor Agreement. Collateral Agent (as defined in the Intercreditor Agreement), Agent, Xxxxx Fargo Foothill, Inc., in its capacity as agent under the Refinanced XX Xxxx'x Standalone Credit Facility, and each of the Loan Parties shall have executed an Amended and Restated Intercreditor Agreement in form and substance satisfactory to Agent and shall have delivered (including by way of telefacsimile or electronic mail) the same to Agent.
Amended and Restated Intercreditor Agreement. The Amended and Restated Intercreditor Agreement executed by all parties thereto.
Amended and Restated Intercreditor Agreement. (a) Each party to this Agreement agrees that, with effect from the Effective Date:
(i) by virtue of being a party to this Agreement, the Second Lien Facility Agent accedes to the Amended and Restated Intercreditor Agreement as an Agent;
(ii) by virtue of being a party to this Agreement, the Second Lien Facility Lenders accede to the Amended and Restated Intercreditor Agreement as Secured Creditors; and
(iii) by virtue of being a party to this Agreement, the Second Lien Facility Arrangers accede to the Amended and Restated Intercreditor Agreement as Arrangers, (the Second Lien Facility Agent, the Second Lien Facility Lenders and the Second Lien Facility Arrangers, together the “Acceding Parties” and each an “Acceding Party”).
(b) In consideration of each Acceding Party being accepted as an Agent, a Secured Creditor and an Arranger (as applicable) for the purposes of the Amended and Restated Intercreditor Agreement, each Acceding Party undertakes to perform all the obligations and acquires all of the rights expressed in the Amended and Restated Intercreditor Agreement which relate to its role as an Agent, a Secured Creditor and an Arranger (as applicable), in each case as if it was an Arranger, a Secured Creditor and an Arranger (as applicable) under the Original Intercreditor Agreement.
Amended and Restated Intercreditor Agreement. An Amended and Restated Intercreditor and Collateral Agency Agreement, substantially in the form of Exhibit 4.12 hereto, shall have been duly executed and delivered by the Purchasers, the holders of the 2000 Senior Notes, the Collateral Agent, the Lenders and Bank of America, N.A., as administrative agent for the Lenders, and acknowledged and agreed to by the Company and the Subsidiary Guarantors, and a copy thereof evidencing such due execution and delivery shall be delivered to you.
Amended and Restated Intercreditor Agreement. A counterpart of the Amended and Restated Intercreditor Agreement, substantially in the form of Exhibit C, executed by DCSNA, Toyota Motor Credit Corporation, Ford Motor Credit Company and General Motors Acceptance Corporation.
