Financing Issues. If any Borrower or Guarantor shall be subject to any Insolvency or Liquidation Proceeding and the Senior Agent shall desire to permit the use of cash collateral or to permit the Borrower to obtain financing under section 363 or section 364 of the Bankruptcy Code ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.
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Financing Issues. If any Borrower or Guarantor shall be subject to any Insolvency or Liquidation Proceeding and the Senior Agent shall desire to permit the use of cash collateral or to permit the Borrower to obtain financing under section 363 or section 364 of the Bankruptcy Code ("“DIP Financing"”), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.
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Financing Issues. If any Borrower or Guarantor shall be subject to any Insolvency or Liquidation Proceeding and the Senior Agent shall desire to permit the use of cash collateral or to permit the Borrower to obtain financing under section 363 or section 364 of the Bankruptcy Code ("“DIP Financing"”), then the TrusteeBridge Agent, on behalf of itself and the NoteholdersBridge Lenders, agrees that it will raise no objection to such use or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Bridge Lenders Claims are so subordinated to Senior Lender Claims under this Agreement.
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Samples: Bridge Facility Intercreditor Agreement (Acg Holdings Inc)
Financing Issues. If any the Borrower or any Guarantor shall be subject to any Insolvency or Liquidation Proceeding and the any Senior Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Borrower to obtain financing under section Section 363 or section Section 364 of the Bankruptcy Code ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent any of the Liens securing the any Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the same Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.
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Financing Issues. If any the Borrower or any Guarantor shall be subject to any Insolvency or Liquidation Proceeding and the Senior Collateral Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Borrower or any Guarantor to obtain financing under section Section 363 or section Section 364 of the Bankruptcy Code ("DIP Financing"), then the TrusteeNoteholder Collateral Agent, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3herein) and, to the extent any of the Liens securing the any Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common same Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.
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Financing Issues. If any Borrower or Guarantor Maker shall be subject to any Insolvency or Liquidation Proceeding and the Senior Agent Lender shall desire to permit the use of cash collateral or to permit the Borrower any Maker to obtain financing under section Section 363 or section Section 364 of Title 11 of the United States Code or any similar Bankruptcy Code Law ("“DIP Financing"”), then the Trustee, on behalf of itself and the Noteholders, Seller agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Seller Claims are so subordinated to Senior Lender Claims under this Agreement.
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Samples: Intercreditor Agreement (Bio Key International Inc)
Financing Issues. If any Borrower or Guarantor GenTek Obligor shall be subject to any Insolvency or Liquidation Proceeding and the Senior Agent shall desire to permit the use of cash collateral or to permit the Borrower GenTek Obligors (or any of them) to obtain financing under section 363 or section 364 of the Bankruptcy Code ("DIP Financing"), then the TrusteeJunior Agent, on behalf of itself and the NoteholdersJunior Lenders, agrees that it will raise no objection to such use or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent any of the Liens securing the any Senior Lender Claims are subordinated or pari passu with such DIP Financing, the Junior Agent will subordinate its Liens in the Common Shared Collateral to such DIP Financing (and all Obligations relating thereto) thereto on the same basis as the other Liens securing the Noteholder Junior Lender Claims are so subordinated to the other Senior Lender Claims under this Agreement.
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Samples: Intercreditor Agreement (Gentek Inc)