Primary Creditor Liabilities. Each of the Parties agrees that the Liabilities owed by the Debtors to the Primary Creditors shall rank in right and priority of payment in the following order and are postponed and subordinated to any prior ranking Liabilities as follows: (a) first, the Senior Liabilities (if any); and (b) second, the Junior Liabilities.
Appears in 2 contracts
Samples: Intercreditor Agreement (LumiraDx LTD), Intercreditor Agreement (LumiraDx LTD)
Primary Creditor Liabilities. Each of the Parties agrees that the Liabilities owed by the Debtors each Debtor and each other grantor of Transaction Security to the Primary Creditors shall rank in right and priority of payment in the following order and are postponed and subordinated to any prior ranking Liabilities as follows:
(a) first, the Revolving Creditor Liabilities, the Priority Hedging Liabilities and the Senior Secured Liabilities (if any)pari passu and without any preference between them; and
(b) second, the Junior Non Priority Hedging Liabilities.
Appears in 1 contract
Primary Creditor Liabilities. Each of the Parties agrees that the Liabilities owed by the Debtors to the Primary Creditors shall rank in right and priority of payment in the following order and are postponed and subordinated to any prior ranking Liabilities as follows:
(a) first, the Senior Liabilities (if any)Liabilities; and
(b) second, the Junior Second Lien Liabilities.
Appears in 1 contract
Primary Creditor Liabilities. Each of the Parties agrees that the Liabilities owed by the Debtors to the Primary Creditors shall rank in right and priority of payment in the following order and the Liabilities listed in paragraph (b) are postponed and subordinated to any prior ranking Liabilities as follows:
(a) first, the Senior Pari Passu Liabilities pari passu and without any preference between them (if anysave to the extent as otherwise agreed between the Pari Passu Creditors); and
(b) second, the Junior Second Ranking 2029 Notes Liabilities.
Appears in 1 contract
Primary Creditor Liabilities. Each of the Parties agrees that the Liabilities owed by the Debtors to of the Primary Creditors shall rank in right and priority of payment in the following order and are postponed and subordinated to any prior ranking Liabilities as follows:
(a) first, the Credit Facility Liabilities and the Senior Secured Note Liabilities (if any)pari passu and without any preference between them; and
(b) second, the Junior Second Lien Note Liabilities.
Appears in 1 contract