Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will: (a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances; (b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and (c) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 12 contracts
Samples: Intercreditor Agreement (Selina Hospitality PLC), Intercreditor Agreement (Oatly Group AB), Senior Facilities Agreement (Liberty Global PLC)
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Prioritypriority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Senior Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Senior Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 5 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement, Intercreditor Agreement (LumiraDx LTD)
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will, to the fullest extent permitted by mandatory provisions of applicable law:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors Secured Parties or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors Secured Parties in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 4 contracts
Samples: Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to of the Primary Senior Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Finance Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which the Finance Documents and this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Senior Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 3 contracts
Samples: Intercreditor Deed (Fx Energy Inc), Intercreditor Deed (Fx Energy Inc), Intercreditor Deed (Fx Energy Inc)
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and PriorityRANKING AND PRIORITY) will:
(aA) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Finance Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(bB) apply regardless of the order in which or dates upon which this Agreement and the other Debt Finance Documents are executed or registered or notice of them is given to any person; and
(cC) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 3 contracts
Samples: Intercreditor and Security Sharing Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Intercreditor Agreement (Kosmos Energy Ltd.)
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors Secured Parties or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors Secured Parties in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 2 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Priorities not affected. Except as otherwise provided in this Agreement Agreement, the priorities referred to in Clause 2 (Ranking and Prioritypriority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors or Operating Facility Lenders by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, of any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors and the Operating Facility Lenders in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.. A44420063
Appears in 2 contracts
Samples: Intercreditor Agreement (Paysafe LTD), Intercreditor Agreement (Paysafe LTD)
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and PriorityRanking) will:
(a) not be affected by any reduction or increase in any Secured Obligations (including without limitation any reduction or increase in the principal amount secured by the Transaction Security in respect of any or all of the Liabilities owing to the Primary Creditors Secured Obligations) or by any intermediate reduction or increase in, amendment or variation to any of the Debt Transaction Documents, or by any variation or satisfaction of, any of the Liabilities Secured Obligations or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and and/or the other Debt Transaction Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors Secured Obligations in the order specified, regardless of the date upon which any of the Liabilities Secured Obligations arise or of any fluctuations in the amount of any of the Liabilities Secured Obligations outstanding.
Appears in 2 contracts
Samples: Security Trust Deed (SinoTech Energy LTD), Security Trust Deed (SinoTech Energy LTD)
Priorities not affected. Except as otherwise provided in this Agreement Deed the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Pari Passu Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement Deed and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Pari Passu Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 2 contracts
Samples: Intercreditor Agreement (Selina Hospitality PLC), Intercreditor Agreement (Selina Hospitality PLC)
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security or any Guarantee in respect of the Liabilities owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 2 contracts
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Secured Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Secured Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Secured Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities of the Company under the Secured Documents owing to the Primary Secured Creditors in the order specified, regardless of the date upon which any of the such Liabilities arise or of any fluctuations in the amount of any of the such Liabilities outstanding.
Appears in 2 contracts
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security or any Guarantee in respect of the Liabilities owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and And Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Senior Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Senior Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Samples: Intercreditor Agreement
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Shared Transaction Security or the Super Senior Additional Security in respect of the Liabilities owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Samples: Intercreditor Agreement (NAC Aviation 29 Designated Activity Co)
Priorities not affected. Except as otherwise provided in this Agreement Agreement, the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary External Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt DocumentsDocument, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary External Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Samples: Intercreditor Agreement
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors or Operating Facility Lenders by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; andand 158
(c) secure the Liabilities owing to the Primary Creditors and the Operating Facility Lenders in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Samples: Commitment Letter
Priorities not affected. Except as otherwise expressly provided in this Agreement Agreement, the priorities referred to in Clause Section 2 (Ranking and Priority) willshall:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any personPerson; and
(c) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Samples: Intercreditor Agreement (Home Inns & Hotels Management Inc.)
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(aA) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Finance Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(bB) apply regardless of the order in which or dates upon which this Agreement and the other Debt Finance Documents are executed or registered or notice of them is given to any person; and
(cC) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors any Creditor or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Samples: Intercreditor Agreement
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the amount (whether of principal amount or otherwise) secured by the Transaction Security in respect of any or all of the Liabilities owing to any or all of the Primary Senior Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Senior Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Samples: Deed of Amendment Agreement (RISE Education Cayman LTD)
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Finance Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Finance Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause Section 2 (Ranking and Priority) will:
will (a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities Obligations owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities Obligations or any other circumstances;
; (b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
and (c) secure the Liabilities Obligations owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities Obligations arise or of any fluctuations in the amount of any of the Liabilities Obligations outstanding.
Appears in 1 contract
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.)
Priorities not affected. Except as otherwise provided in this Agreement Agreement, the priorities referred to in Clause 2 (Ranking and Prioritypriority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors or Operating Facility Lenders by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, of any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors and the Operating Facility Lenders in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Priorities not affected. Except as otherwise provided in this Agreement the priorities referred to in Clause 2 clause 1.4 (Ranking and Priority) will:
(a) not be affected by any reduction or increase in the principal amount secured by the Transaction Security in respect of the Liabilities owing to the Primary Creditors or by any intermediate reduction or increase in, amendment or variation to any of the Debt Documents, or by any variation or satisfaction of, any of the Liabilities or any other circumstances;
(b) apply regardless of the order in which or dates upon which this Agreement and the other Debt Documents are executed or registered or notice of them is given to any person; and
(c) secure the Liabilities owing to the Primary Creditors in the order specified, regardless of the date upon which any of the Liabilities arise or of any fluctuations in the amount of any of the Liabilities outstanding.
Appears in 1 contract
Samples: Intercreditor Agreement