Collateral Agency and Intercreditor Agreement. Notwithstanding anything to the contrary in this Agreement, the Collateral Agency and Intercreditor Agreement shall govern the exercise of rights and the enforcement of remedies hereunder by the Collateral Trustee and the Secured Parties. In the event of any conflict between the terms of this Agreement and the Collateral Agency and Intercreditor Agreement, the Collateral Agency and Intercreditor Agreement shall govern.
Collateral Agency and Intercreditor Agreement. Each assignee of any Lender and each Participant shall, upon the effective date of the applicable assignment or purchase, hold their Commitment and Loans, in the case of an assignee, or their participation interest, in the case of a Participant, subject to the terms of the Collateral Agency and Intercreditor Agreement, if then in effect.
Collateral Agency and Intercreditor Agreement. [The] [Each] Assignee acknowledges and agrees that from and after the Effective Date it will hold its Commitments and Loans subject to the terms of the Collateral Agency and Intercreditor Agreement, if then in effect.
Collateral Agency and Intercreditor Agreement. In the event of an inconsistency between this Agreement or any other Loan Document and the Intercreditor and Collateral Agency Agreement, the provisions of the Intercreditor and Collateral Agency Agreement shall govern and control.
Collateral Agency and Intercreditor Agreement. On the Effective Date, the Collateral Agency and Intercreditor Agreement shall have been executed and delivered by the parties thereto and shall be in full force and effect.
Collateral Agency and Intercreditor Agreement. This AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (as may be amended from time to time, this “Agreement”), dated as of the 5th day of September, 2006, by and among: (i) Bank of America, N.A. (in its individual capacity herein referred to as the “Collateral Agent Bank” and in its capacity as collateral agent herein referred to as the “Collateral Agent”), (ii) Bank of America, N.A., a national banking association (“Bank of America”), as U.S. Agent (as defined below) under the Bank Credit Agreement (as defined below) for the Bank Credit Agreement U.S. Lenders (as defined below), (iii) The Prudential Insurance Company of America and Prudential Retirement Insurance and Annuity Company (together with their respective successors and assigns as Holders of Notes, as defined below, the “Noteholders”), (iv) The Northern Trust Company, an Illinois banking corporation, as party to a Trade Agreement (as defined below) (together with its successors and assigns, “Northern”), (v) A. M. Castle & Co., a Maryland corporation (together with its successors and assigns, the “Company”), (vi) each Guarantor (as defined below) which executes this Agreement or which from time to time hereafter executes an instrument accepting and agreeing to the provisions of this Agreement, and (vii) any holders of Additional Future Debt (as defined below).
Collateral Agency and Intercreditor Agreement. For the avoidance of doubt, the provisions of the Collateral Agency and Intercreditor Agreement are hereby incorporated by reference, including, without limitation, Article II and Section 4.6 thereof (except as expressly provided hereunder). SECTION 10.
Collateral Agency and Intercreditor Agreement. A failure by (i) the Company (ii) any Subsidiary of the Company that is a party to the Collateral Agency and Intercreditor Agreement, or (iii) the Bank, to perform its obligations set forth in any provision of the Collateral Agency and Intercreditor Agreement and the continuance of such failure for a period of five (5) Business Days.
Collateral Agency and Intercreditor Agreement. Upon the request of Purchaser and prior to the incurrence of any Eligible Secured Debt, the parties hereto agree to negotiate in good faith and enter in the Collateral Agency and Intercreditor Agreement, after which the collateral agent established under such agreement shall hold the collateral securing the Obligations as well as the indebtedness arising under such Eligible Secured Debt.
Collateral Agency and Intercreditor Agreement. Each of the Lenders irrevocably authorizes the Agent to enter into the Collateral Agency and Intercreditor Agreement on its behalf, and acknowledges and agrees that it shall be bound by the terms thereof as if it were a direct signatory thereto.
