Collateral Trust and Intercreditor Agreement. Each Lender, each Issuing Bank and each Agent hereby authorizes the Agent to enter into the Collateral Trust Agreement and each other Senior Collateral Document on its behalf, and agrees that the Administrative Agent and the Collateral Agents may enforce the rights and remedies of the Lenders under each Senior Loan Document to the extent provided in the Senior Collateral Documents and the Collateral Trust and Intercreditor Agreement.
Collateral Trust and Intercreditor Agreement. Notwithstanding anything herein to the contrary, the terms of this Agreement, and the rights of the Senior Collateral Agent and the Senior Secured Parties hereunder, are subject to the Collateral Trust and Intercreditor Agreement.
Collateral Trust and Intercreditor Agreement. Each of the parties to this Agreement acknowledges and agrees, for the benefit of each other party to the Collateral Trust and Intercreditor Agreement, that notwithstanding anything herein to the contrary, the terms of this Agreement, and the rights and remedies of the parties hereto, are subject to the Collateral Trust and Intercreditor Agreement.
Collateral Trust and Intercreditor Agreement. Notwithstanding any provision to the contrary contained herein, the terms of this Agreement, the Liens created hereby, and the rights and remedies of the Second Priority Collateral Trustee and the Second Priority Debt Parties hereunder, are subject to the Collateral Trust and Intercreditor Agreement and subordinated as provided therein.
Collateral Trust and Intercreditor Agreement. Each Bank hereby authorizes the Administrative Agent and the Second Priority Collateral Trustee to enter into the Collateral Trust and Intercreditor Agreement and the other Exchange Debt Collateral Documents on its behalf, and agrees that the Second Priority Collateral Trustee may enforce the rights and remedies of the Banks under each Second Priority Collateral Document to the extent provided therein.
Collateral Trust and Intercreditor Agreement. Each of the parties to this Agreement acknowledges and agrees, for the benefit of each other party hereto that is also a party to the Collateral Trust and Intercreditor Agreement, that notwithstanding anything herein to the contrary, the terms of this Agreement, and the rights and remedies of the parties hereto, are subject to the Collateral Trust and Intercreditor Agreement.
Collateral Trust and Intercreditor Agreement. The Collateral Trust and Intercreditor Agreement shall have been duly executed by the Borrower and each other party thereto, shall have been delivered to the Senior Collateral Agent, and shall be in full force and effect.
Collateral Trust and Intercreditor Agreement. The subordination provisions of the Collateral Trust and Intercreditor Agreement shall be invalidated or otherwise cease to be in full force and effect.
Collateral Trust and Intercreditor Agreement. Each Lender and each Agent hereby authorizes each Agent to enter into (a) the Collateral Trust and Intercreditor Agreement, (b) amendments to the Collateral Trust and Intercreditor Agreement with respect to any incurrence of Additional Senior Debt Obligations or Second Priority Debt in compliance with this Agreement, (c) any other additional intercreditor agreement with any Senior Representative with respect to the subordination of the Second Priority Lien on the same basis as set forth in the Collateral Trust and Intercreditor Agreement, (d) any supplements to any agreements referred to in the foregoing clauses (a) through (c) in compliance with such documents and (e) each other Second Priority Collateral Document on its behalf, and agrees that the Administrative Agent and the Collateral Agent may enforce the rights and remedies of the Lenders under each Second Priority Loan Document to the extent provided in the Collateral Trust and Intercreditor Agreement and each other Second Priority Collateral Document. The Collateral Agent is hereby designated as, and will for all purposes of the Collateral Trust and Intercreditor Agreement be, the “Second Priority Class Debt Representative” for the Second Priority Loan Obligations.
Collateral Trust and Intercreditor Agreement. This COLLATERAL TRUST AND INTERCREDITOR AGREEMENT is dated as of August 5, 2011, and entered into by and among DYNEGY COAL INVESTMENTS HOLDINGS, LLC (“Intermediate Holdings”), DYNEGY MIDWEST GENERATION, LLC (the “Borrower”), the Subsidiary Guarantors (as defined below), CREDIT SUISSE AG, CAYMAN ISLAND BRANCH (“Credit Suisse”), in its capacity as collateral trustee for the Secured Parties (as defined below), CREDIT SUISSE, as Administrative Agent (as defined below), and each of the other Persons (as defined below) party hereto from time to time in accordance with the terms hereof. Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
