Intercreditor Deed. (a) Any party to the Intercreditor Deed (other than a Finance Party or an Obligor) fails to comply with the provisions of, or does not perform its obligations under, the Intercreditor Deed; or
(b) a representation or warranty given by that party in the Intercreditor Deed is incorrect in any material respect, and, if the non-compliance or circumstances giving rise to the misrepresentation or breach of warranty are capable of remedy, it is not remedied within 10 Business Days of the earlier of the Agent giving notice to that party or that party becoming aware of the non-compliance, misrepresentation or breach of warranty.
Intercreditor Deed. This clause 40 is subject to the terms of the Intercreditor Deed.
Intercreditor Deed. 14.1 This Agreement is subject to the terms of the Intercreditor Deed.
14.2 No payment shall be made (or notice of enforcement or demand given) under this Agreement to the extent that such action is prohibited by the terms of the Intercreditor Deed.
14.3 If any provision of this Agreement is inconsistent with the Intercreditor Deed, the Intercreditor Deed will prevail.
Intercreditor Deed. Each of the parties to this Agreement agrees and acknowledges that this Agreement is entered into, subject to the terms of the Intercreditor Deed and in the event of any inconsistency between this Agreement and the Intercreditor Deed the terms of the Intercreditor Deed shall prevail.
Intercreditor Deed. Any payments under this Section 8.8 shall be made subject to and in accordance with the provisions of the Intercreditor Deed.
Intercreditor Deed. Each of (a) the Parent Guarantor, the Issuer and the Original Subsidiary Guarantors, (b) the Bank Agent, (c) the security trustee, (d) Lloyds TSB Bank plc and Clydesdale Bank PLC (trading as Yorkshire Bank), as Arrangers, (e) the Bank Lenders, (f) Lloyds TSB Bank plc, Clydesdale Bank PLC (trading as Yorkshire Bank) and Bank of America, N.A., as Bilateral Lenders, and (g) the Purchasers shall have entered into the Intercreditor Deed, which shall be in the form set forth in Exhibit 4.11, and such Purchaser shall have received an original copy of the Intercreditor Deed and it shall be in full force and effect.
Intercreditor Deed. Payments in respect of this Facility (save for the avoidance of doubt under clause 17), may only be made if permitted by the terms of the Intercreditor Deed and neither the Parent nor the Borrower shall be solely in default under the terms of this letter by reason of any payment which would otherwise be due being postponed under the terms of the Intercreditor Deed. In addition, changes may only be made to the provisions of this letter to the extent permitted by the Intercreditor Deed. No transfer may be made of the Bank's rights and/or obligations under this letter unless the person to whom such rights and/or obligations are transferred is, or becomes, a party to the Intercreditor Deed.
Intercreditor Deed. Each Holder, by accepting a Note, agrees to be bound by all of the terms and provisions of the Indenture and the Intercreditor Deed, as the same may be amended from time to time, and acknowledges that the claims of Holders of the Notes are subject to the Intercreditor Deed. Each Holder, by accepting a Note, authorizes and requests the Trustee to, on such Holder’s behalf, (a) make all undertakings, representations, offers and agreements of the Trustee set forth in the Intercreditor Deed and (b) take all actions called for to be taken by the Trustee in the Intercreditor Deed.
Intercreditor Deed. Notwithstanding anything herein to the contrary, the exercise of any right or remedy by Gurnet hereunder is subject to the provisions of the Intercreditor Deed. If there is a conflict between the terms of the Intercreditor Deed and this Agreement, the terms of the Intercreditor Deed will control.
Intercreditor Deed. (a) Any party to the Intercreditor Deed (other than a Finance Party) fails to comply with the material provisions of, or does not perform its material obligations under, the Intercreditor Deed; or
(b) a representation or warranty given by that party in the Intercreditor Deed (other than a Finance Party) is incorrect in any material respect (save that in respect of an Obligor, such representation or warranty shall be subject to any applicable grace period set out in Clause 29.4 (Misrepresentation) of this Agreement).
