Common use of Intercreditor Agreement Governs Clause in Contracts

Intercreditor Agreement Governs. Reference is made to the Intercreditor Agreement. Each Noteholder, by its acceptance of a Note, (a) consents to the subordination of Liens provided for in the Intercreditor Agreement, (b) agrees that it will be bound by and will take no actions contrary to the provisions of the Intercreditor Agreement and (c) authorizes and instructs the Trustee and Collateral Agent to enter into the Intercreditor Agreement as Trustee and Collateral Agent, respectively, and on behalf of such Noteholder. The foregoing provisions are intended as an inducement to the lenders under the Credit Agreement to extend credit and such lenders are intended third party beneficiaries of such provisions and the provisions of the Intercreditor Agreement.

Appears in 3 contracts

Samples: Indenture (Nortek Inc), Indenture (Mammoth-Webco, Inc.), Indenture (Aigis Mechtronics, Inc.)

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Intercreditor Agreement Governs. Reference is made to the Intercreditor Agreement. Each NoteholderHolder, by its acceptance of a Note, (a) consents to the subordination of Liens provided for in the Intercreditor Agreement, (b) agrees that it will be bound by and will take no actions contrary to the provisions of the Intercreditor Agreement and (c) authorizes and instructs the Trustee and Noteholder Collateral Agent to enter into the Intercreditor Agreement as Trustee and Noteholder Collateral Agent, respectively, and on behalf of such NoteholderHolder. The foregoing provisions are intended as an inducement to the lenders under the Credit Agreement to extend credit and such lenders are intended third party beneficiaries of such provisions and the provisions of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Indenture (Ply Gem Holdings Inc), Indenture (Ply Gem Holdings Inc)

Intercreditor Agreement Governs. Reference is made to the Intercreditor Agreement. Each NoteholderHolder, by its acceptance of a Note, (a) consents to the subordination of Liens terms provided for in the Intercreditor Agreement, (b) agrees that it will be bound by and will take no actions contrary to the provisions of the Intercreditor Agreement and (c) authorizes and instructs the Trustee and Notes Collateral Agent to enter into the Intercreditor Agreement as Trustee and Notes Collateral Agent, respectively, and on behalf of such NoteholderHolder. The foregoing provisions are intended as an inducement to the lenders under the Credit Agreement to extend credit and such lenders are intended third party beneficiaries of such provisions and the provisions of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Indenture (Forida East Coast Railway L.L.C.), Indenture (Railamerica Inc /De)

Intercreditor Agreement Governs. Reference is made to the Intercreditor AgreementAgreement . Each Noteholder, by its acceptance of a Note, (a) consents to the subordination of Liens provided for in the Intercreditor Agreement, (b) agrees that it will be bound by and will take no actions contrary to the provisions of the Intercreditor Agreement and (c) authorizes and instructs the Trustee and Collateral Agent to enter into the Intercreditor Agreement as Trustee and Collateral Agent, respectively, and on behalf of such Noteholder. The foregoing provisions are intended as an inducement to the lenders under the Credit Agreement to extend credit and such lenders are intended third party beneficiaries of such provisions and the provisions of the Intercreditor Agreement.

Appears in 1 contract

Samples: Indenture (Broan-NuTone LLC)

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Intercreditor Agreement Governs. Reference is made to the Intercreditor Agreement. Each NoteholderHolder, by its acceptance of a Note, (a) consents to the subordination of Liens provided for in the Intercreditor Agreement, (b) agrees that it will be bound by and will take no actions contrary to the provisions of the Intercreditor Agreement and (c) authorizes and instructs the Trustee and Notes Collateral Agent to enter into the Intercreditor Agreement as Trustee and Notes Collateral Agent, respectively, and on behalf of such NoteholderHolder. The foregoing provisions are intended as an inducement to the lenders under the Credit Agreement to extend credit and such lenders are intended third party beneficiaries of such provisions and the provisions of the Intercreditor Agreement.

Appears in 1 contract

Samples: Indenture (Sealy Corp)

Intercreditor Agreement Governs. Reference is made to the Intercreditor Agreement. Each NoteholderHolder of Securities, by its acceptance of a NoteSecurity, (a) consents to the subordination of Liens provided for in the Intercreditor Agreement, (b) agrees that it will be bound by and will take no actions contrary to the provisions of the Intercreditor Agreement and (c) authorizes and instructs the Trustee and Notes Collateral Agent to enter into the Intercreditor Agreement as Trustee and Notes Collateral Agent, respectively, Agent and on behalf of such NoteholderHolder. The foregoing provisions are intended as an inducement to the lenders under the Credit Agreement to extend credit and such lenders are intended third party beneficiaries of such provisions and the provisions of the Intercreditor Agreement.

Appears in 1 contract

Samples: Indenture (LSB Industries Inc)

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