Common use of Intercreditor Agreement Governs Clause in Contracts

Intercreditor Agreement Governs. (a) Notwithstanding anything herein to the contrary, (i) the priority of the liens and security interests granted to the Administrative Agent pursuant to this Agreement are expressly subject to the Intercreditor Agreement and (ii) the exercise of any right or remedy by the Administrative Agent hereunder is subject to the limitations and provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and the terms of this Agreement regarding the priority of the liens and the security interests granted to the Administrative Agent or exercise of any rights or remedies by the Administrative Agent, the terms of the Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, to the extent any Grantor is required hereunder to deliver Collateral to, or the possession or control by, the Administrative Agent for purposes of possession and/or “control” (as such term is used herein) and is unable to do so as a result of having previously delivered such Collateral to the Controlling Authorized Representative (as defined in the Intercreditor Agreement) in accordance with the terms of the Intercreditor Agreement, such Grantor’s obligations hereunder with respect to such delivery shall be deemed complied with and satisfied by the delivery to the Controlling Authorized Representative (as defined in the Intercreditor Agreement), as gratuitous bailee and/or gratuitous agent for the benefit of each other First-Priority Secured Party (as defined in the Intercreditor Agreement)..

Appears in 4 contracts

Samples: Pledge and Security Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.), Pledge and Security Agreement (CF Industries Holdings, Inc.)

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Intercreditor Agreement Governs. (a) Notwithstanding anything herein to the contrary, (i) the priority of the liens and security interests granted to the Administrative Collateral Agent pursuant to this Agreement are expressly subject to the Intercreditor Agreement and (ii) the exercise of any right or remedy by the Administrative Collateral Agent hereunder is subject to the limitations and provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and the terms of this Agreement regarding the priority of the liens and the security interests granted to the Administrative Collateral Agent or exercise of any rights or remedies by the Administrative Collateral Agent, the terms of the Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, to the extent any Grantor is required hereunder to deliver Collateral to, or the possession or control by, the Administrative Collateral Agent for purposes of possession and/or “control” (as such term is used herein) and is unable to do so as a result of having previously delivered such Collateral to the Controlling Authorized Representative (as defined in the Intercreditor Agreement) in accordance with the terms of the Intercreditor Agreement, such Grantor’s obligations hereunder with respect to such delivery shall be deemed complied with and satisfied by the delivery to the Controlling Authorized Representative (as defined in the Intercreditor Agreement), as gratuitous bailee and/or gratuitous agent for the benefit of each other First-Priority Secured Party (as defined in the Intercreditor Agreement)...

Appears in 3 contracts

Samples: Credit Agreement (Ugi Corp /Pa/), Pledge and Security Agreement (CF Industries Holdings, Inc.), Pledge and Security Agreement (CF Industries Holdings, Inc.)

Intercreditor Agreement Governs. (a) Notwithstanding anything herein to the contrary, (ia) the priority of the liens and security interests granted to the Administrative Collateral Agent pursuant to this Agreement are expressly subject to the Intercreditor Agreement and (iib) the exercise of any right or remedy by the Administrative Collateral Agent hereunder is subject to the limitations and provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and the terms of this Agreement regarding the priority of the liens and the security interests granted to the Administrative Collateral Agent or exercise of any rights or remedies by the Administrative Collateral Agent, the terms of the Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, to the extent any Grantor is required hereunder to deliver Collateral to, or the possession or control by, the Administrative Collateral Agent for purposes of possession and/or “control” (as such term is used herein) and is unable to do so as a result of having previously delivered such Collateral to the Controlling Authorized Representative (as defined in the Intercreditor Agreement) in accordance with the terms of the Intercreditor Agreement, such Grantor’s obligations hereunder with respect to such delivery shall be deemed complied with and satisfied by the delivery to the Controlling Authorized Representative (as defined in the Intercreditor Agreement), as gratuitous bailee and/or gratuitous agent for the benefit of each other First-Priority Secured Party (as defined in the Intercreditor Agreement)... (c) Any reference in this Agreement to a “first priority Lien” or words of similar effect in describing the security interests created hereunder shall be understood to refer to such priority subject to the claims of the Controlling Authorized Representative (as defined in the Intercreditor Agreement) as provided in the Intercreditor Agreement.

Appears in 1 contract

Samples: Credit Agreement (Communications Sales & Leasing, Inc.)

Intercreditor Agreement Governs. (a) Notwithstanding anything herein to the contrary, (i) the priority of the liens and security interests granted to the Administrative Collateral Agent pursuant to this Agreement are expressly subject to the Intercreditor Agreement and (iii) the exercise of any right or remedy by the Administrative Collateral Agent hereunder is subject to the limitations and provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and the terms of this Agreement regarding the priority of the liens and the security interests granted to the Administrative Collateral Agent or exercise of any rights or remedies by the Administrative Collateral Agent, the terms of the Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, to the extent any Grantor is required hereunder to deliver Collateral to, or the possession or control by, the Administrative Collateral Agent for purposes of possession and/or “control” (as such term is used herein) and is unable to do so as a result of having previously delivered such Collateral to the Controlling Authorized Representative (as defined in the Intercreditor Agreement) in accordance with the terms of the Intercreditor Agreement, such Grantor’s obligations hereunder with respect to such delivery shall be deemed complied with and satisfied by the delivery to the Controlling Authorized Representative (as defined in the Intercreditor Agreement), as gratuitous bailee and/or gratuitous agent for the benefit of each other First-Priority Secured Party (as defined in the Intercreditor Agreement)...

Appears in 1 contract

Samples: Credit Agreement (Ugi Corp /Pa/)

Intercreditor Agreement Governs. (a) Notwithstanding anything herein to the contrary, (i) the priority of the liens and security interests granted to the Administrative Collateral Agent pursuant to this Agreement are expressly subject to the Intercreditor Agreement and (ii) the exercise of any right or remedy by the Administrative Collateral Agent hereunder is subject to the limitations and provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and the terms of this Agreement regarding the priority of the liens and the security interests granted to the Administrative Collateral Agent or exercise of any rights or remedies by the Administrative Collateral Agent, the terms of the Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, to the extent any Grantor is required hereunder to deliver Collateral to, or the possession or control by, the Administrative Collateral Agent for purposes of possession and/or “control” (as such term is used herein) and is unable to do so as a result of having previously delivered such Collateral to the Controlling Authorized Representative (as defined in the Intercreditor Agreement) in accordance with the terms of the Intercreditor Agreement, such Grantor’s obligations hereunder with respect to such delivery shall be deemed complied with and satisfied by the delivery to the Controlling Authorized Representative (as defined in the Intercreditor Agreement), as gratuitous bailee and/or gratuitous agent for the benefit of each other First-Priority Secured Party (as defined in the Intercreditor Agreement)..

Appears in 1 contract

Samples: Term Loan Credit Agreement (Fuller H B Co)

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Intercreditor Agreement Governs. (a) Notwithstanding anything herein to the contrary, (i) the priority of the liens and security interests granted to the Administrative Collateral Agent pursuant to this Agreement are expressly subject to the Intercreditor Agreement and (ii) the exercise of any right or remedy by the Administrative Collateral Agent hereunder is subject to the limitations and provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and the terms of this Agreement regarding the priority of the liens and the security interests granted to the Administrative Collateral Agent or exercise of any rights or remedies by the Administrative Collateral Agent, the terms of the Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, to the extent any Grantor is required hereunder to deliver Collateral to, or the possession or control by, the Administrative Collateral Agent for purposes of possession and/or “control” (as such term is used herein) and is unable to do so as a result of having previously delivered such Collateral to the [Controlling Authorized Representative Representative] (as defined in the Intercreditor Agreement) in accordance with the terms of the Intercreditor Agreement, such Grantor’s obligations hereunder with respect to such delivery shall be deemed complied with and satisfied by the delivery to the [Controlling Authorized Representative Representative] (as defined in the Intercreditor Agreement), as gratuitous bailee and/or gratuitous agent for the benefit of each other [First-Priority Secured Party Party] (as defined in the Intercreditor Agreement)...

Appears in 1 contract

Samples: Credit Agreement (Fuller H B Co)

Intercreditor Agreement Governs. (a) Notwithstanding anything herein to the contrary, (i) the priority of the liens and security interests granted to the Administrative Collateral Agent pursuant to this Agreement are expressly subject to the Intercreditor Agreement Agreements (if any) and (ii) the exercise of any right or remedy by the Administrative Collateral Agent hereunder is subject to the limitations and provisions of the any Intercreditor AgreementAgreements (if any). In the event of any conflict between the terms of the Intercreditor Agreement and the terms of this Agreement regarding the priority of the liens and the security interests granted to the Administrative Collateral Agent or exercise of any rights or remedies by the Administrative Collateral Agent, the terms of the applicable Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, to the extent any Grantor is required hereunder to deliver Collateral to, or the possession or control by, the Administrative Collateral Agent for purposes of possession and/or “control” (as such term is used herein) and is unable to do so as a result of having previously delivered such Collateral to the Controlling Authorized Representative (as defined in the applicable Intercreditor Agreement) in accordance with the terms of the Intercreditor Agreement, such Grantor’s obligations hereunder with respect to such delivery shall be deemed complied with and satisfied by the delivery to the Controlling Authorized Representative (as defined in the applicable Intercreditor Agreement), as gratuitous bailee and/or gratuitous agent for the benefit of each other First-Priority Secured Party (as defined in the Intercreditor Agreement)..

Appears in 1 contract

Samples: Credit Agreement (Ugi Corp /Pa/)

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