Existing Intercreditor Agreement. Pursuant to clause 1.3(v) (Construction) of the Existing Intercreditor Agreement, whereby “RCF Agreement” (as defined therein) includes that agreement as replaced by this Agreement, terms used but not defined in the Existing Intercreditor Agreement have the same meaning given to them in this Agreement. For the purposes of the Existing Intercreditor Agreement:
Existing Intercreditor Agreement. The Parties hereby acknowledge and confirm that by their execution of, or accession to, this Agreement, all rights powers, obligations and undertakings under the intercreditor agreement dated 20 December 2017 and made between, amongst others, the Parent, the Company, the Senior Facility Agent, the Security Agent and the Original Debtors (each as defined therein) shall be terminated.
Existing Intercreditor Agreement. With respect to the Pre-Petition Second Lien Noteholders, the Pre-Petition Second Lien Notes Trustee and the Pre-Petition Second Lien Collateral Agent (the “Second Lien Parties”), the First Lien Obligations (as defined in the Existing Intercreditor Agreement) shall be deemed to have been Paid in Full (as defined in the Existing Intercreditor Agreement) for purposes of the Existing Intercreditor Agreement; provided, that for the avoidance of doubt, nothing herein shall limit the effectiveness of Section 5.05
Existing Intercreditor Agreement. Until the Refinancing shall have occurred, (a) the Existing Intercreditor Agreement is and shall remain in full force and effect in favor of and for the benefit of the Agents (and the other Secured Parties), (b) the Secured Obligations are “First Lien Debt” under the Existing Intercreditor Agreement, the Agents are the “First Lien Agent” under the Existing Intercreditor Agreement, and (c) Liens granted in favor of the Collateral Agent in Collateral, whether or not perfected and whether acquired by grant, statute, operation of law, subrogation or otherwise, are senior in right, priority, operation, effect and in all other respects to any Lien on “Second Lien Collateral (as defined in the Existing Intercreditor Agreement).
Existing Intercreditor Agreement. The Existing Intercreditor Agreement shall have been terminated pursuant to documents and instruments satisfactory to the Arranger, the Syndication Agent and the Documentation Agent.
Existing Intercreditor Agreement. 7 ARTICLE XIV MISCELLANEOUS......................................................................................7
Existing Intercreditor Agreement. With effect from and including the Refinancing Date the parties to this Agreement agree that the intercreditor agreement dated 6th August, 2003 between, inter alios, Valentia Telecommunications and Deutsche Bank AG London as Senior Agent and Security Agent (as such terms are defined therein) will be cancelled and be of no further force and effect.
Existing Intercreditor Agreement. Any Finance Party receives an Enforcement Notice (as defined therein) under the Existing Intercreditor Agreement.
Existing Intercreditor Agreement. Each Loan Party, Sowood, and VPEM agrees that the Intercreditor Agreement dated as of September 27, 2002 (“Existing Intercreditor Agreement”) between Sowood and VPEM has terminated and this Agreement supersedes the Existing Intercreditor Agreement.
Existing Intercreditor Agreement. The parties hereto acknowledge the existence of the Existing Intercreditor Agreement. Nothing herein shall be deemed to rescind any portion of the Existing Intercreditor Agreement and such agreement shall remain in full force except as modified by the terms of this Agreement.
