Inter-Creditor Agreement. Each Investor hereby agrees that the payment of all amounts due under the Debentures shall be shared in proportion to the amount owed to each Investor pursuant to their Debenture. To the extent that any Investor receives a Debenture payment in excess of the payment amount due to such Investor pursuant to such Investor's Debenture, the other Investors shall immediately be notified and such excess amounts shall be paid to such parties on a pro-rata basis. If an Event of Default (as defined in the Debentures) occurs under any Debenture and any Investor collects proceeds pursuant to its rights hereunder and under the Debentures, the other Investors shall be immediately notified and such proceeds shall be shared with the other Investors on a pro-rata basis. To the extent that any Investor receives a payment that is in excess of its pro-rata portion of the payment received by all Investors, such excess payment shall be deemed to be held in trust by such Investor on behalf of the other Investors.
Inter-Creditor Agreement. So long as the Inter-Creditor Agreement remains in effect, the rights and remedies set forth in this Article 7 shall be subject to the provisions of the Inter-Creditor Agreement.
Inter-Creditor Agreement. This Agreement is subject to that certain subordination and intercreditor agreement by and between Mengnu (as defined therein) and the Xxxxxxxx Convertibles Litigation Trust, dated February 22, 2011.
Inter-Creditor Agreement. (a) If any Hudbay PMPA Entity wishes to grant an Encumbrance (other than an Encumbrance set out in clauses (v) or (vi) of the definition of “Permitted Encumbrances”) over any Collateral to any Lenders as security for the payment or performance of any Financing, then Silver Wheaton agrees to enter into an inter-creditor agreement (in each such case, an “Inter-creditor Agreement”) with the Lenders (such agreement to be negotiated in good faith), on the principal terms and conditions set out in Schedule H. [Redacted — Commercially sensitive information] [Agreement to terms and conditions].
(b) [Redacted — Commercially sensitive information] [Agreement to terms and conditions].
(c) As and when the Supplier or an applicable Hudbay Group Entity considers any replacement Financing or an additional Financing where an Inter-creditor Agreement is required by the terms of the Agreement, the Supplier will notify Silver Wheaton and, as soon as practicable following the Supplier’s receipt of the initial draft of the proposed Inter-creditor Agreement, provide such initial draft to Silver Wheaton accompanied by all material details of the Financing and the proposed security in favour of such Lenders that are reasonably necessary for Silver Wheaton to consider whether the proposed Inter-creditor Agreement (a “Proposed Inter-creditor Agreement”) meets the requirements of paragraph (a) above and Schedule H. Silver Wheaton shall have five Business Days following its receipt of any Proposed Inter-creditor Agreement to notify the Supplier that it accepts or rejects the Proposed Inter-creditor Agreement. If Silver Wheaton rejects the Proposed Inter-creditor Agreement or any aspect thereof, Silver Wheaton, acting in good faith, shall participate in negotiations with the proposed Lenders in a bona fide effort to finalize such inter-creditor agreement. For purposes of this Section 8.3, the revised version of the inter-creditor agreement that the proposed Lender and the Supplier would be prepared to enter into in accommodation of Silver Wheaton pursuant to the immediately preceding sentence shall be referred to hereafter as the “Intermediate Inter-creditor Agreement”. If, within five Business Days following the date on which Silver Wheaton shall have notified the Supplier that it has rejected the Proposed Inter-creditor Agreement, Silver Wheaton and the proposed Lenders have not finalized the terms of an inter-creditor agreement, Supplier shall provide to Silver Wheaton the Intermed...
Inter-Creditor Agreement. The Trustee is authorized and directed to enter into the Inter-Creditor Agreement in respect of the Debentures.
Inter-Creditor Agreement. The Bond Trustee shall have executed and delivered to and in favour of the Lender, an inter-creditor agreement, in form and substance satisfactory to the Lender confirming, among other things, the Lender's first priority perfected security lien on and security interest in the Collateral and the Guarantor Collateral, as applicable.
Inter-Creditor Agreement. The rights and obligations of the parties hereunder with respect to payment collection and priority of security, enforcement notice, standstill of creditors' rights and other matters between the CTR Lenders and other creditors of the Company are subject to the terms of the Inter-Creditor Agreement.
Inter-Creditor Agreement. The Lender agrees to enter into an "Inter-Creditor Agreement", in form and substance satisfactory to the Lender, which will provide, among other things, for the relative rights and remedies of the Lender with respect to the Loan and Collateral.
Inter-Creditor Agreement. An Inter-creditor Agreement in a form annexed as Schedule 5.1(o), executed by the Province of Ontario, the Lenders and the Agent.
Inter-Creditor Agreement. Subject to the approval of the Debenture Holders and the conditions as may be specified by the SEBI from time to time (including but not limited to the SEBI Debenture Trustee Circular), the Debenture Trustee, on behalf of the Debenture Holders, may enter into inter-creditor agreements as maybe provided under the applicable framework specified by the RBI, as applicable from time to time.
