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 15.18 is for the benefit of the Lenders and the Trustee, and none of the Loan Parties shall be third party beneficiaries hereof. [the next pages are the signature pages]
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 Patent Security Agreement and such provisions in the Security Agreement, the Security Agreement shall govern and control.
Intercreditor. Deed (a) prior to the Completion Date has the meaning given to it in the Senior Secured Credit Facility Agreement and (b) from the Completion Date has the meaning given to it in the Proposed Amended Senior Secured Credit Facility Agreement;
Intercreditor. Each Secured Party (and each Person that becomes a Secured Party hereunder) hereby authorizes and directs the Administrative Agent and the Trustee to enter into the Intercreditor Agreement on behalf of such Secured Party and agrees that the Administrative Agent and the Trustee may take such action on its behalf as is contemplated by the terms of the Intercreditor Agreement. Each Secured Party hereby agrees that, notwithstanding anything herein or in any other Transaction Document to the contrary, the Liens and security interests granted to the Trustee hereunder and the exercise of any right or remedy by the Administrative Agent and the Trustee hereunder or under any other Transaction Document are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and any other Transaction Document, the terms of the Intercreditor Agreement shall govern and control.
