Common use of Amendments to Noteholder Collateral Documents Clause in Contracts

Amendments to Noteholder Collateral Documents. (a) Without the prior written consent of the Credit Agent and the Required Lenders, no Noteholder Collateral Document may be amended, supplemented or otherwise modified or entered into to the extent such amendment, supplement or modification, or the terms of any new Noteholder Collateral Document, would be prohibited by or inconsistent with any of the terms of the Senior Lender Documents. The Trustee agrees that each Noteholder Collateral Document shall include the following language (or language to similar effect approved by the Credit Agent): "Notwithstanding anything herein to the contrary, the lien and security interest granted to the Trustee pursuant to this Agreement and the exercise of any right or remedy by the Trustee hereunder are subject to the provisions of the Intercreditor Agreement, dated as of May 30, 2003 (as amended, supplemented or otherwise modified from time to time, the "Intercreditor Agreement"), among Pliant Corporation, Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company), as Credit Agent, and Wilmington Trust Company, as Trustee. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, the terms of the Intercreditor Agreement shall govern." In addition, the Trustee agrees that each Noteholder Mortgage covering any Common Collateral shall contain such other language as the Credit Agent may reasonably request to reflect the subordination of such Noteholder Mortgage to the Senior Collateral Document covering such Common Collateral.

Appears in 1 contract

Samples: Intercreditor Agreement (Pierson Industries Inc)

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Amendments to Noteholder Collateral Documents. (a) Without During any First Lien Obligation Period, without the prior written consent of the Credit Senior Agent and the Required Lenders, no Noteholder Collateral Document may be amended, supplemented or otherwise modified or entered into to the extent such amendment, supplement or modification, or the terms of any new Noteholder Collateral Document, would be prohibited by or inconsistent with contravene any of the terms of the Senior Lender DocumentsDocuments or this Agreement. The Each Trustee agrees that each Noteholder Collateral Document shall include the following language (or language to similar effect approved by the Credit Agent): language: "Notwithstanding anything herein to the contrary, the lien and security interest granted to the Trustee pursuant to this Agreement and the exercise of any right or remedy by the Trustee hereunder are subject to the provisions of the Intercreditor Agreement, dated as of May 30March 25, 2003 (2004 as the same may be amended, supplemented supplemented, modified or otherwise modified replaced from time to time, time (the "Intercreditor Agreement"), ) among Pliant Corporation, Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company)Xxxxxx Commercial Paper Inc., as Credit Senior Agent and Account Agent, and Wilmington Trust CompanyU.S. Bank National Association, as TrusteeIndenture Trustee and Collateral Trustee and Rural Cellular Corporation and the Guarantors from time to time a party thereto. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, the terms of the Intercreditor Agreement shall govern." In addition, the each Trustee agrees that each Noteholder Mortgage Collateral Document under which any Lien on real property owned by the Borrower or any Grantor is granted to secure the Noteholder Claims covering any Common Collateral shall contain such other language as the Credit Senior Agent may reasonably request to reflect the subordination priority of such Noteholder Mortgage to the Senior Lender Collateral Document covering such Common CollateralCollateral over such Noteholder Collateral Document.

Appears in 1 contract

Samples: Intercreditor Agreement (Rural Cellular Corp)

Amendments to Noteholder Collateral Documents. (a) Without the prior written consent of the Credit Agent and the Required Lenders, no Noteholder Collateral Document may be amended, supplemented or otherwise modified or entered into to the extent such amendment, supplement or modification, or the terms of any new Noteholder Collateral Document, would be prohibited by or inconsistent with any of the terms of the Senior Lender Documentsthis Agreement. The Trustee agrees that each Noteholder Collateral Document shall include the following language (or language to similar effect approved by the Credit Agent): "Notwithstanding anything herein to the contrary, the lien and security interest granted to the Trustee pursuant to this Agreement and the exercise of any right or remedy by the Trustee hereunder are subject to the provisions of the Intercreditor Agreement, dated as of May 30July 22, 2003 (as amended, supplemented or otherwise modified from time to time, the "Intercreditor AgreementINTERCREDITOR AGREEMENT"), among Pliant Columbus XxXxxxxx Corporation, Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company)Fleet Capital Corporation, as Credit Agent, and Wilmington U.S. Bank Trust CompanyNational Association, as Trustee. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, the terms of the Intercreditor Agreement shall govern." In addition, the Trustee agrees that each Noteholder Mortgage covering any Common Collateral shall contain such other language as the Credit Agent may reasonably request to reflect the subordination of such Noteholder Mortgage to the Senior Collateral Document covering such Common Collateral.

Appears in 1 contract

Samples: Intercreditor Agreement (Columbus McKinnon Corp)

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Amendments to Noteholder Collateral Documents. (a) Without the prior written consent of the Credit Senior Collateral Agent and the Required Lenders, no Noteholder Collateral Document may be amended, supplemented or otherwise modified or entered into to the extent such amendment, supplement or modification, or the terms of any new Noteholder Collateral Document, would be prohibited by or inconsistent with any of the terms of any of the Senior Lender DocumentsDocuments or this Agreement. The Trustee Noteholder Collateral Agent agrees that each Noteholder Collateral Document shall include the following language (or language to similar effect approved by the Credit Agent): language: "Notwithstanding anything herein to the contrary, the lien and security interest granted to the Trustee Noteholder Collateral Agent pursuant to this Agreement and the exercise of any right or remedy by the Trustee Noteholder Collateral Agent hereunder are subject to the provisions of the Intercreditor Agreement, dated as of May 30April 23, 2003 2004 (as amended, modified, supplemented or otherwise modified replaced from time to time, the "Intercreditor Agreement"), among Pliant CorporationSilver Point Finance, Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company)LLC, as Credit Senior Collateral Agent, and Wilmington Trust CompanyWachovia Bank, National Association, as Trustee. Noteholder Collateral Agent, and aaiPharma Inc. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, the terms of the Intercreditor Agreement shall govern." In addition, the Trustee Noteholder Collateral Agent agrees that (i) each Noteholder Mortgage covering any Common Collateral shall contain such other language as the Credit Senior Collateral Agent may reasonably request to reflect the subordination of such Noteholder Mortgage to the Mortgage covering such Collateral and (ii) each Uniform Commercial Code financing statement naming the Noteholder Collateral Agent as secured party covering any Collateral shall contain such other language as the Senior Collateral Document covering such Common CollateralAgent may reasonably request to reflect the lien subordination agreed to in this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Aaipharma Inc)

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