Common use of Form of Subordination Provisions Clause in Contracts

Form of Subordination Provisions. Exhibit 9.1(a) - Form of Assignment Agreement Disclosure Schedule 3.1 - Type of Entity; Jurisdiction of Organization Disclosure Schedule 3.2 - Executive Offices, Collateral Locations Disclosure Schedule 3.4(c) - Fair Saleable Balance Sheet Disclosure Schedule 3.6 - Real Estate and Leases Disclosure Schedule 3.7 - Labor Matters Disclosure Schedule 3.8 - Ventures, Subsidiaries and Affiliates; Outstanding Stock Disclosure Schedule 3.11 - Tax Matters Disclosure Schedule 3.12 - Litigation Disclosure Schedule 3.13 - Pension and Benefit Plans Disclosure Schedule 3.14 - Brokers Disclosure Schedule 3.15 - Intellectual Property Disclosure Schedule 3.17 - Hazardous Materials Disclosure Schedule 3.18 - Insurance Disclosure Schedule 3.19 - Deposit and Disbursement Accounts Disclosure Schedule 3.20 - Government Contracts Disclosure Schedule 3.22 - Bonds; Patent, Trademark, Industrial Design Licenses Disclosure Schedule 3.24 - Material Contracts Disclosure Schedule 3.27 - Permitted Intercompany Indebtedness Disclosure Schedule 5.1 - Trade Names Disclosure Schedule 6.3 - Indebtedness Disclosure Schedule 6.4(a) - Transactions with Affiliates Disclosure Schedule 6.4(b) - Employee Loans Disclosure Schedule 6.6 - Guaranteed Indebtedness Disclosure Schedule 6.7 - Existing Liens Notwithstanding anything herein to the contrary, the liens and security interest granted to Agent and Lenders pursuant to this Agreement and the exercise of any right or remedy by Agent or Lenders hereunder are subject to the provisions of that certain Intercreditor Agreement, dated as of the date hereof, as it may hereafter be amended, supplemented, modified, extended, restated or replaced (the “Intercreditor Agreement”), among General Electric Capital Corporation, as “First Lien Agent,” and Guggenheim Corporate Funding, LLC, as “Second Lien Agent”; and each holder of the Obligations hereunder, by its acceptance hereof, irrevocably agrees to be bound by the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, the terms of the Intercreditor Agreement shall govern and control. This TERM LOAN CREDIT AGREEMENT (this "Agreement"), dated as of March 11, 2014, among Lower Lakes Towing Ltd., a Canadian corporation, Grand River Navigation Company, Inc, a Delaware corporation, Black Creek Shipping Company, Inc., a Delaware corporation, the other Credit Parties signatory hereto, Guggenheim Corporate Funding, LLC (in its individual capacity, "Guggenheim") as Agent, as Collateral Agent and as Co-Arranger, Barclays Capital Inc., as Co-Arranger, and the Lenders signatory hereto from time to time.

Form of Subordination Provisions. Exhibit 9.1(a) - Form of Assignment Agreement Schedule 1.1 - Agent's Representatives Disclosure Schedule 3.1 - Type of Entity; Jurisdiction of Organization Disclosure Schedule 3.2 - Executive Offices, Collateral Locations Disclosure Schedule 3.4(c) - Fair Saleable Salable Balance Sheet Disclosure Schedule 3.6 - Real Estate and Leases Disclosure Schedule 3.7 - Labor Matters Disclosure Schedule 3.8 - Ventures, Subsidiaries and Affiliates; Outstanding Stock Disclosure Schedule 3.11 - Tax Matters Disclosure Schedule 3.12 - Litigation Disclosure Schedule 3.13 - Pension and Benefit Plans Disclosure Schedule 3.14 - Brokers Disclosure Schedule 3.15 - Intellectual Property Disclosure Schedule 3.17 - Hazardous Materials Disclosure Schedule 3.18 - Insurance Disclosure Schedule 3.19 - Deposit and Disbursement Accounts vi Disclosure Schedule 3.20 - Government Contracts Disclosure Schedule 3.22 - Bonds; Patent, Trademark, Industrial Design Licenses Disclosure Schedule 3.24 - Material Contracts Disclosure Schedule 3.27 - Permitted Intercompany Indebtedness Disclosure Schedule 5.1 - Trade Names Disclosure Schedule 6.3 - Indebtedness Disclosure Schedule 6.4(a) - Transactions with Affiliates Disclosure Schedule 6.4(b) - Employee Loans Disclosure Schedule 6.6 - Guaranteed Indebtedness Disclosure Schedule 6.7 - Existing Liens Notwithstanding anything herein to the contrary, the liens and security interest granted to Agent and Lenders pursuant to this Agreement and the exercise of any right or remedy by Agent or Lenders hereunder are subject to the provisions of that certain Intercreditor Agreement, dated as of the date hereof, as it may hereafter be amended, supplemented, modified, extended, restated or replaced (the “Intercreditor Agreement”), among General Electric Capital Corporation, as “First Lien Agent,” and Guggenheim Corporate Funding, LLC, as “Second Lien Agent”; and each holder of the Obligations hereunder, by its acceptance hereof, irrevocably agrees to be bound by the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, the terms of the Intercreditor Agreement shall govern and control. This TERM LOAN THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this "Agreement"), dated as of March 11August 30, 2014, 2012 among Lower Lakes Towing Ltd., a Canadian corporation, Lower Lakes Transportation Company, a Delaware corporation, Grand River Navigation Company, Inc, a Delaware corporation, Black Creek Shipping Company, Inc., a Delaware corporation, the other Credit Parties signatory hereto, Guggenheim Corporate Funding, LLC General Electric Capital Corporation (in its individual capacity, "GuggenheimGE Capital") as Agent and as Documentation Agent, PNC Bank, National Association, as Collateral Agent a Lender and as Co-Arranger, Barclays Capital Inc., as Co-Arranger, Syndication Agent and the other Lenders signatory hereto from time to time.

Form of Subordination Provisions. Exhibit 9.1(a) - Form of Assignment Agreement Schedule 1.1 - Agent's Representatives Disclosure Schedule 3.1 - Type of Entity; Jurisdiction of Organization Disclosure Schedule 3.2 - Executive Offices, Collateral Locations Disclosure Schedule 3.4(c) - Fair Saleable Salable Balance Sheet Disclosure Schedule 3.6 - Real Estate and Leases Disclosure Schedule 3.7 - Labor Matters Disclosure Schedule 3.8 - Ventures, Subsidiaries and Affiliates; Outstanding Stock Disclosure Schedule 3.11 - Tax Matters Disclosure Schedule 3.12 - Litigation Disclosure Schedule 3.13 - Pension and Benefit Plans Disclosure Schedule 3.14 - Brokers Disclosure Schedule 3.15 - Intellectual Property Disclosure Schedule 3.17 - Hazardous Materials Disclosure Schedule 3.18 - Insurance Disclosure Schedule 3.19 - Deposit and Disbursement Accounts Disclosure Schedule 3.20 - Government Contracts Disclosure Schedule 3.22 - Bonds; Patent, Trademark, Industrial Design Licenses Disclosure Schedule 3.24 - Material Contracts Disclosure Schedule 3.27 - Permitted Intercompany Indebtedness Disclosure Schedule 5.1 - Trade Names Disclosure Schedule 6.3 - Indebtedness Disclosure Schedule 6.4(a) - Transactions with Affiliates Disclosure Schedule 6.4(b) - Employee Loans Disclosure Schedule 6.6 - Guaranteed Indebtedness Disclosure Schedule 6.7 - Existing Liens Notwithstanding anything herein to the contrary, the liens and security interest granted to Agent and Lenders pursuant to this Agreement and the exercise of any right or remedy by Agent or Lenders hereunder are subject to the provisions of that certain Intercreditor Agreement, dated as of the date hereof, as it may hereafter be amended, supplemented, modified, extended, restated or replaced (the “Intercreditor Agreement”), among General Electric Capital Corporation, as “First Lien Agent,” and Guggenheim Corporate Funding, LLC, as “Second Lien Agent”; and each holder of the Obligations hereunder, by its acceptance hereof, irrevocably agrees to be bound by the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, the terms of the Intercreditor Agreement shall govern and control. This TERM LOAN FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this "Agreement"), dated as of March 11, 2014, 2014 among Lower Lakes Towing Ltd., a Canadian corporation, Lower Lakes Transportation Company, a Delaware corporation, Grand River Navigation Company, Inc, a Delaware corporation, Black Creek Shipping Company, Inc., a Delaware corporation, the other Credit Parties signatory hereto, Guggenheim Corporate Funding, LLC General Electric Capital Corporation (in its individual capacity, "GuggenheimGE Capital") as Agent and as Documentation Agent, PNC Bank, National Association, as Collateral Agent a Lender and as Co-Arranger, Barclays Capital Inc., as Co-Arranger, Syndication Agent and the other Lenders signatory hereto from time to time.

Form of Subordination Provisions. Exhibit 9.1(a) - Form of Assignment Agreement Disclosure Schedule 3.1 - Type of Entity; Jurisdiction of Organization Disclosure Schedule 3.2 - Executive Offices, Collateral Locations Disclosure Schedule 3.4(c) - Fair Saleable Balance Sheet Disclosure Schedule 3.6 - Real Estate and Leases Disclosure Schedule 3.7 - Labor Matters Disclosure Schedule 3.8 - Ventures, Subsidiaries and Affiliates; Outstanding Stock Disclosure Schedule 3.11 - Tax Matters Disclosure Schedule 3.12 - Litigation Disclosure Schedule 3.13 - Pension and Benefit Plans Disclosure Schedule 3.14 - Brokers Disclosure Schedule 3.15 - Intellectual Property Disclosure Schedule 3.17 - Hazardous Materials Disclosure Schedule 3.18 - Insurance Disclosure Schedule 3.19 - Deposit and Disbursement Accounts Disclosure Schedule 3.20 - Government Contracts Disclosure Schedule 3.22 - Bonds; Patent, Trademark, Industrial Design Licenses Disclosure Schedule 3.24 - Material Contracts Disclosure Schedule 3.27 - Permitted Intercompany Indebtedness Disclosure Schedule 5.1 - Trade Names Disclosure Schedule 6.3 - Indebtedness Disclosure Schedule 6.4(a) - Transactions with Affiliates Disclosure Schedule 6.4(b) - Employee Loans Disclosure Schedule 6.6 - Guaranteed Indebtedness Disclosure Schedule 6.7 - Existing Liens Notwithstanding anything herein to the contrary, the liens and security interest granted to Agent and Lenders pursuant to this Agreement and the exercise of any right or remedy by Agent or Lenders hereunder are subject to the provisions of that certain Intercreditor Agreement, dated as of the date hereofSecond Amendment Closing Date, as it may hereafter be amended, supplemented, modified, extended, restated or replaced (the “Intercreditor Agreement”), among General Electric Capital CorporationBank of America, N.A., as “First Lien Agent,” and Guggenheim Corporate Funding, LLC, as “Second Lien Agent”; and each holder of the Obligations hereunder, by its acceptance hereof, irrevocably agrees to be bound by the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, the terms of the Intercreditor Agreement shall govern and control. This TERM LOAN CREDIT AGREEMENT (this "Agreement"), dated as of March 11, 2014, among Lower Lakes Towing Ltd., a Canadian corporation, Grand River Navigation Company, Inc, a Delaware corporation, Black Creek Shipping Company, Inc., a Delaware corporation, the other Credit Parties signatory hereto, Guggenheim Corporate Funding, LLC (in its individual capacity, "Guggenheim") as Agent, as Collateral Agent and as Co-Arranger, Barclays Capital Inc., as Co-Arranger, and the Lenders signatory hereto from time to time.