Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Document, the provisions of this Agreement shall govern.
Appears in 41 contracts
Samples: Abl Credit Agreement (Hayward Holdings, Inc.), Abl Credit Agreement (Hayward Holdings, Inc.), Abl Credit Agreement (Hayward Holdings, Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Documentthe Documents, the provisions of this Agreement shall govern.
Appears in 20 contracts
Samples: Intercreditor Agreement (Spinal Elements Holdings, Inc.), Intercreditor Agreement, Intercreditor Agreement (Alphatec Holdings, Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Documentthe Obligation Documents, the provisions of this Agreement shall govern.
Appears in 14 contracts
Samples: Intercreditor Agreement (FiberTower CORP), Omnibus Intercreditor Agreement (FiberTower CORP), Indenture (FiberTower CORP)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term other Financing Document, the provisions of this Agreement shall governgovern and control.
Appears in 13 contracts
Samples: Collateral Agency and Intercreditor Agreement, Credit Agreement (ClearBridge Energy MLP Opportunity Fund Inc.), Collateral Trust and Intercreditor Agreement
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document the Senior Lender Documents or any Term Documentthe Noteholder Documents, the provisions of this Agreement shall govern.
Appears in 13 contracts
Samples: Intercreditor Agreement (SMART Modular Technologies (DE), Inc.), Intercreditor and Subordination Agreement (Electroglas Inc), Intercreditor Agreement (Acg Holdings Inc)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Loan Document, the provisions of this Agreement shall govern.
Appears in 11 contracts
Samples: Intercreditor Agreement (SMG Industries Inc.), Intercreditor Agreement (Franchise Group, Inc.), Intercreditor Agreement (Franchise Group, Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Note Document, the provisions of this Agreement shall governgovern and control.
Appears in 10 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement, Credit Agreement (Armstrong Coal Company, Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Documentaccompanying documents, the provisions terms of this Agreement shall governcontrol.
Appears in 10 contracts
Samples: Community Development Investment Vibrant Spaces Grant Agreement, Community Development Investment Vibrant Spaces Grant Agreement, Idle Sites Redevelopment Grant Agreement
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Second Lien Document, the provisions of this Agreement shall govern.
Appears in 7 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Sears Holdings Corp), Intercreditor Agreement (Sears Holdings Corp)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any of the ABL Document Documents or any of the Term DocumentLoan Documents, the provisions of this Agreement shall governgovern and control.
Appears in 7 contracts
Samples: Intercreditor Agreement (Quest Resource Holding Corp), Intercreditor Agreement (Quest Resource Holding Corp), Intercreditor Agreement (Quest Resource Holding Corp)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Senior Document or any Term Subordinated Document, the provisions of this Agreement shall govern.
Appears in 5 contracts
Samples: Subordination and Intercreditor Agreement, Subordination and Intercreditor Agreement (Hollywood Media Corp), Construction and Funding Contract (Blue Dolphin Energy Co)
Conflicts. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any ABL Document or any Term Documentthe other Note Documents, the provisions of this Agreement shall governcontrol.
Appears in 5 contracts
Samples: Third Lien Subordinated Exchange Note Exchange Agreement (Manchester Financial Group, LP), Second Lien Subordinated Note Purchase Agreement (NextWave Wireless Inc.), Third Lien Subordinated Exchange Note Exchange Agreement (NextWave Wireless Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Senior Lien Document or any Term Junior Lien Document, the provisions of this Agreement shall govern.
Appears in 5 contracts
Samples: Credit Agreement (Herbalife Ltd.), Abl Credit Agreement (Forterra, Inc.), Senior Lien Term Loan Credit Agreement (Forterra, Inc.)
Conflicts. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any of the ABL Document or Facility Documents and/or any Term Documentof the First-Priority Lien Obligations Documents, the provisions of this Agreement shall governcontrol.
Appears in 4 contracts
Samples: Abl Intercreditor Agreement (Hexion Inc.), Abl Intercreditor Agreement (Momentive Performance Materials Inc.), Abl Intercreditor Agreement (Momentive Performance Materials Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Credit Document or any Term Fixed Asset Document, the provisions of this Agreement shall governgovern and control.
Appears in 4 contracts
Samples: Abl/Term Intercreditor Agreement (Ciena Corp), Abl Credit Agreement (Performance Sports Group Ltd.), Term Loan Credit Agreement (Performance Sports Group Ltd.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term First Lien Notes Document, the provisions of this Agreement shall govern.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc)
Conflicts. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any of the ABL Document or Documents and/or any Term Documentof the LC Documents, the provisions of this Agreement shall governcontrol.
Appears in 3 contracts
Samples: Lc Credit Agreement and u.s. Security Agreement (Weatherford International PLC), Intercreditor Agreement (Weatherford International PLC), Lc Credit Agreement (Weatherford International PLC)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any of the ABL Document Loan Documents or any of the Term DocumentLoan Documents, the provisions of this Agreement shall governgovern and control.
Appears in 3 contracts
Samples: Intercreditor Agreement (Sport Chalet Inc), Abl Intercreditor Agreement (Entegris Inc), Intercreditor Agreement (Conns Inc)
Conflicts. In Subject to Section 9.18, in the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Loan Document, the provisions of this Agreement shall govern.
Appears in 3 contracts
Samples: Intercreditor Agreement (AZEK Co Inc.), Intercreditor Agreement (CPG Newco LLC), Intercreditor Agreement (CPG Newco LLC)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any the ABL Document Documents or any the Term DocumentLoan Documents, the provisions of this Agreement shall govern.
Appears in 3 contracts
Samples: Credit Agreement (Rivian Automotive, Inc. / DE), Term Loan Credit Agreement (Supervalu Inc), Term Loan Credit Agreement (Supervalu Inc)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document, any Term Document or any Term Junior Document, the provisions of this Agreement shall govern.
Appears in 3 contracts
Samples: Credit Agreement (Norcraft Companies, Inc.), Credit Agreement (Norcraft Companies, Inc.), Intercreditor Agreement (Norcraft Companies Lp)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Debt Document, the provisions of this Agreement shall govern.
Appears in 2 contracts
Samples: Credit Agreement (UniTek Global Services, Inc.), Intercreditor Agreement (Smithfield Foods Inc)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Noteholder Document, the provisions of this Agreement shall governgovern and control.
Appears in 2 contracts
Samples: Intercreditor Agreement (New Enterprise Stone & Lime Co., Inc.), Intercreditor Agreement (New Enterprise Stone & Lime Co., Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Working Capital Document or any Term Loan Document, the provisions of this Agreement shall govern.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Stereotaxis, Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Notes Document, the provisions of this Agreement shall govern.
Appears in 2 contracts
Samples: Intercreditor Agreement (Daktronics Inc /Sd/), Intercreditor Agreement (GameStop Corp.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Notes Document, the provisions of this Agreement shall governgovern and control.
Appears in 2 contracts
Samples: Intercreditor Agreement (Libbey Inc), Intercreditor Agreement (Libbey Inc)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Notes Document, the provisions of this Agreement shall governgovern and control.
Appears in 2 contracts
Samples: Intercreditor Agreement (Horizon Lines, Inc.), Intercreditor Agreement (Exide Technologies)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document, Term Document or any Term Junior Secured Notes Document, the provisions of this Agreement shall governgovern and control.
Appears in 2 contracts
Samples: Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document, any Cash Flow Document or any Term Junior Debt Document, the provisions of this Agreement shall govern.
Appears in 2 contracts
Samples: Credit Agreement (Avaya Inc), Credit Agreement (Avaya Inc)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Revolving Document or any Term Document, the provisions of this Agreement shall govern.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Vista Proppants & Logistics Inc.)
Conflicts. In the event of any express conflict between the provisions of this Agreement and the provisions of any ABL Document the Revolving Documents or any the Term DocumentDocuments, the provisions of this Agreement shall governgovern and control.
Appears in 2 contracts
Samples: Intercreditor Agreement (Spectrum Brands, Inc.), Intercreditor Agreement (Spectrum Brands, Inc.)
Conflicts. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any of the other ABL Document or any Term DocumentDocuments and/or Noteholder Documents, the provisions of this Agreement shall governcontrol.
Appears in 2 contracts
Samples: Loan and Security Agreement (Merrimack Pharmaceuticals Inc), Indenture (Merrimack Pharmaceuticals Inc)
Conflicts. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any the ABL Document Documents or any the Term DocumentLoan Documents, the provisions of this Agreement shall governgovern and control.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Option Care Health, Inc.), First Lien Credit Agreement (Option Care Health, Inc.)
Conflicts. In the event of any express conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Transaction Document, the provisions of this Agreement shall governgovern and control.
Appears in 1 contract
Conflicts. In the event of any direct conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Loan Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Document, the provisions of this Agreement shall governgovern and control.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (USA Synthetic Fuel Corp)
Conflicts. In the event of any a conflict between this Agreement and any other document related to the provisions subject matter of this Agreement, or the body of this Agreement and any of the provisions of any ABL Document or any Term DocumentExhibits to this Agreement, the provisions terms of this Agreement or the body of this Agreement (as the case may be) shall govern.
Appears in 1 contract
Samples: Master License Agreement
Conflicts. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any of the ABL Document Obligations Documents or any Term Documentthe Non-ABL Obligations Documents, the provisions of this Agreement shall governcontrol.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Non-ABL Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Bank Document or any Term Noteholder Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Collateral Trust Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Factoring Document or any Term Notes Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any of the ABL Document or Facility Documents and/or any Term DocumentNon-ABL Documents, the provisions of this Agreement shall governcontrol.
Appears in 1 contract
Samples: Abl Intercreditor Agreement (DS Services of America, Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Document, as between the ABL Secured Parties and the Term Secured Parties, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Senior Document or any Term Subordinate Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Intercreditor Agreement (Encore Energy Partners LP)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Notes Document or any Term Document, the provisions of this Agreement shall governgovern and control.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Loan Document, the provisions of this Agreement shall governgovern and control.
Appears in 1 contract
Samples: Intercreditor Agreement (Libbey Inc)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Indenture Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Intercreditor Agreement (SAExploration Holdings, Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Senior Secured Note Document, the provisions of this Agreement shall governgovern and control.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Loan Document, the provisions of this Agreement shall governgovern to the extent of such conflict.
Appears in 1 contract
Samples: Intercreditor Agreement (Basic Energy Services Inc)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any of the ABL Document Documents or any of the Term DocumentDocuments, the provisions of this Agreement shall governgovern and control.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document, any Term Document or any Term Additional Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document, any Cash Flow Document or any Term Additional Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In To the event of extent that there is any conflict between the provisions of this Agreement and any other agreement or document between the provisions parties regarding the subject matter of any ABL Document or any Term Documentthis Agreement, the provisions terms and conditions of this Agreement shall govern.
Appears in 1 contract
Samples: Fuel Delivery Service Agreement
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Term/Notes Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Senior Lender Document or any Term Noteholder Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any the ABL Document Documents or any Term Documentthe Facility Documents, the provisions of this Agreement shall governgovern and control.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Exit Convertible Notes Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Notes Document, the provisions of this Agreement shall governgovern to the extent of such conflict.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Note and Specified Hedge Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Facility Document or any Term Facility Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Noteholder Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Debt Document, the provisions of this Agreement shall governgovern and control.
Appears in 1 contract
Samples: Intercreditor Agreement
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Loan Document, the provisions of this Agreement shall governgovern and control.
Appears in 1 contract
Samples: Intercreditor Agreement (New Enterprise Stone & Lime Co., Inc.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Loan/Notes Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any [Term Loan] Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (TimkenSteel Corp)
Conflicts. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any of the ABL Document or Facility Documents and/or any Term Documentof the Parity Lien Documents, the provisions of this Agreement shall governcontrol.
Appears in 1 contract
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Loan Document or any Term Fixed Asset Document, the provisions of this Agreement shall governgovern and control.
Appears in 1 contract
Samples: Intercreditor Agreement (Thermadyne Australia Pty Ltd.)
Conflicts. In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Existing Facilities Document or any Term Additional Facilities Document, the provisions of this Agreement shall govern.
Appears in 1 contract
Conflicts. In the event of any express conflict between the provisions terms of this Agreement and any of the provisions of any ABL Document or any Term DocumentDocuments, the provisions of this Agreement shall govern. 14.
Appears in 1 contract
Samples: Waiver and Amendment Agreement
