Intercreditor. Notwithstanding any provision to the contrary contained herein, the terms of this Mortgage, the Lien and security interest granted to Mortgagee pursuant to this Mortgage and the exercise of any rights and remedies by Mortgagee are subject to the terms of that certain Intercreditor Agreement, dated as of June __, 2004 (the "Intercreditor Agreement"), by and between JPMorgan Chase Bank, as ABL Agent, and Mortgagee, as Term Agent. In the event of any conflict between the terms and provisions of this Mortgage and the Intercreditor Agreement, the terms of the Intercreditor Agreement shall govern and control.
Intercreditor. The terms and conditions of this Patent Security Agreement and the Liens and security interests granted to the Collateral Agent pursuant to this Patent Security Agreement and the exercise of any right or remedy by the Collateral Agent hereunder are subject to the terms and conditions of the Intercreditor Agreement in all respects. In the event of any conflict between the terms and conditions of this Patent Security Agreement and the terms and conditions of the Intercreditor Agreement, such conflict shall be resolved in accordance with Section 8.1 of the Intercreditor Agreement.
Intercreditor. So long as the Intercreditor Agreement is in effect, the rights and, obligations and remedies of the parties shall be subject thereto. This Agreement shall not impose any obligation or grant any right to any party to the extent that such obligation or right is inconsistent or conflicts with the Intercreditor Agreement. This Section 10.20 is for the benefit of the Lenders and the Trustee, and none of the Loan Parties shall be third party beneficiaries hereof.
Intercreditor. The Administrative Agent shall have received the Intercreditor Agreement, executed and delivered by a duly authorized officer of JPMorgan Chase Bank, N.A., as First Priority Representative thereunder, Wilmington Trust FSB, as Second Priority Representative thereunder and each of the Loan Parties party thereto, the terms of which shall be satisfactory to the Administrative Agent.
Intercreditor. This Assignment is subject to the terms of the Intercreditor Agreement.
Intercreditor. Agreements The priority of the security interests in the collateral and related rights as between (i) the Exit Revolver and (ii) the Notes shall be set forth in an intercreditor agreement (the “Intercreditor Agreement”) in a
Intercreditor. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIENS AND SECURITY INTERESTS GRANTED TO THE COLLATERAL AGENT PURSUANT TO THIS AGREEMENT IN ANY COLLATERAL AND THE EXERCISE OF ANY RIGHT OR REMEDY BY THE COLLATERAL AGENT WITH RESPECT TO ANY COLLATERAL HEREUNDER ARE SUBJECT TO THE LIMITATIONS AND PROVISIONS OF (i) THE REVOLVER INTERCREDITOR AGREEMENT, DATED AS OF FEBRUARY 22, 2007 (AS AMENDED, RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, THE “REVOLVER INTERCREDITOR AGREEMENT”, AMONG THE COLLATERAL AGENT, DEUTSCHE BANK AG NEW YORK BRANCH, AS THE FIRST LIEN COLLATERAL AGENT (AS DEFINED THEREIN), AND DEUTSCHE BANK AG CAYMAN ISLANDS BRANCH, AS THE THIRD LIEN COLLATERAL AGENT (AS DEFINED THEREIN) AND CERTAIN OTHER PERSONS THAT MAY BECOME PARTY THERETO FROM TIME TO TIME AND CONSENTED TO BY BUILDING MATERIALS CORPORATION OF AMERICA AND THE GRANTORS IDENTIFIED THEREIN AND (ii) THE GENERAL INTERCREDITOR AGREEMENT, DATED AS OF FEBRUARY 22, 2007 (AS AMENDED, RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, THE “GENERAL INTERCREDITOR AGREEMENT” AND TOGETHER WITH THE REVOLVER INTERCREDITOR AGREEMENT, THE “INTERCREDITOR AGREEMENTS”, AMONG THE COLLATERAL AGENT AND DEUTSCHE BANK AG CAYMAN ISLANDS BRANCH, AS THE JUNIOR LIEN COLLATERAL AGENT AND CERTAIN OTHER PERSONS THAT MAY BECOME PARTY THERETO FROM TIME TO TIME AND CONSENTED TO BY BUILDING MATERIALS CORPORATION OF AMERICA AND THE GRANTORS IDENTIFIED THEREIN. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE INTERCREDITOR AGREEMENTS AND THIS AGREEMENT, THE TERMS OF THE INTERCREDITOR AGREEMENTS SHALL GOVERN AND CONTROL.
Intercreditor. The Agents acknowledge that the rights relating to, and relative priorities of, the Liens granted hereunder shall be subject in all respects to the intercreditor provisions set forth in the Security Agreement. In the event of any conflict with the terms of this Copyright Security Agreement and such provisions in the Security Agreement, the Security Agreement shall govern and control.
Intercreditor. The definitive documentation will include the Intercreditor Agreement. NY 76190361v2
Intercreditor. Agreement The obligations owing by Trading Co under the New Trade Finance Facility, the New Hedging Support Facility and the Increase Trade Finance Facility will also be secured by the first-ranking security created pursuant to the Security. The intercreditor relationships among, among others, the fronting banks and participants under the New Trade Finance Facility, the New Hedging Support Facility and the Increase Trade Finance Facility and the holders of the New Trading Co Bonds will be set out in an intercreditor agreement which reflects, among other things, the intercreditor principles set out in the Intercreditor Principles Term Sheet. Covenants The trust deed for the New Trading Co Bonds shall include the following covenants (as further described in the New Trading Co Bonds Trust Deed):