Consistent Application. The rights and duties created by this Agreement shall, in all cases, be interpreted consistently with, and shall be in addition to (and not in lieu of), the rights and duties created by the Secured Promissory Note and the Intercreditor Agreements. In the event that any provision of this Agreement shall be inconsistent with any provision of the the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement, such provision of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement shall govern.
Appears in 1 contract
Samples: Security Agreement (AG Mortgage Investment Trust, Inc.)
Consistent Application. The rights and duties created by this Agreement shall, in all cases, be interpreted consistently with, and shall be in addition to (and not in lieu of), the rights and duties created by the Secured Promissory Note Forbearance Agreement and the Intercreditor AgreementsAgreement. In the event that any provision of this Agreement shall be inconsistent with any provision of the the First Lien Intercreditor Forbearance Agreement or the Second Lien Intercreditor Agreement, such provision of the First Lien Intercreditor Forbearance Agreement or the Second Lien Intercreditor Agreement Agreement, as applicable, shall govern.
Appears in 1 contract
Samples: Security and Collateral Agency Agreement (AG Mortgage Investment Trust, Inc.)
Consistent Application. The rights and duties created by this Agreement shall, in all cases, be interpreted consistently with, and shall be in addition to (and not in lieu of), the rights and duties created by the Secured Promissory Note and the Intercreditor Agreements. In the event that any provision of this Agreement shall be inconsistent with any provision of the Intercreditor Agreements, the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement, such provision provisions of the First Lien Intercreditor Agreement or the Second Lien applicable Intercreditor Agreement shall governcontrol. To the extent of any conflict between the Intercreditor Agreements, the provisions of the Senior Intercreditor Agreement shall control.
Appears in 1 contract
Samples: Security Agreement (AG Mortgage Investment Trust, Inc.)
Consistent Application. The rights and duties created by this Agreement shall, in all cases, be interpreted consistently with, and shall be in addition to (and not in lieu of), the rights and duties created by the Secured Promissory Note and the Intercreditor AgreementsAgreement. In the event that any provision of this Agreement shall be inconsistent with any provision of the the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement, such provision of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement shall govern.
Appears in 1 contract
Samples: Security Agreement (AG Mortgage Investment Trust, Inc.)