Common use of Relative Rights; Conflict Clause in Contracts

Relative Rights; Conflict. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Senior Facility or the Indenture or any other Senior Lender Documents or Noteholder Documents entered into in connection with the Senior Facility or the Indenture or permit the Company or any Subsidiary to take any action, or fail to take any action, to the extent such action or failure would otherwise constitute a breach of, or default under, the Senior Facility or any other Senior Lender Documents entered into in connection with the Senior Facility or the Indenture or any other Noteholder Documents entered into in connection with the Indenture, (b) change the relative priorities of the Senior Lender Claims or the Liens granted under the Senior Lender Documents on the Common Collateral (or any other assets) as among the Senior Lenders, (c) otherwise change the relative rights of the Senior Lenders in respect of the Common Collateral as among such Senior Lenders or (d) obligate the Company or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Senior Facility or any other Senior Lender Document entered into in connection with the Senior Facility or the Indenture or any other Noteholder Documents entered into in connection with the Indenture. As it relates to matters between the Trustee and the Noteholders on the one hand, and the First-Lien Agent and the Senior Lenders on the other hand, in any conflict between the provisions of this Agreement and the Senior Lender Documents or the Noteholder Documents, this Agreement shall govern.

Appears in 2 contracts

Samples: Indenture (Century Aluminum Co), Indenture (Century California, LLC)

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Relative Rights; Conflict. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Senior Facility or the Indenture or any other Senior Lender Documents or Noteholder Parity Lien Documents entered into in connection with the Senior Facility or the Indenture or permit the Company or any Subsidiary to take any action, or fail to take any action, to the extent such action or failure would otherwise constitute a breach of, or default under, the Senior Facility or any other Senior Lender Documents entered into in connection with the Senior Facility or the Indenture or any other Noteholder Parity Lien Documents entered into in connection with the Indenture, (b) change the relative priorities of the Senior Lender Claims or the Liens granted under the Senior Lender Documents on the Common Collateral (or any other assets) as among the Senior Lenders, (c) otherwise change the relative rights of the Senior Lenders in respect of the Common Collateral as among such Senior Lenders or (d) obligate the Company or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Senior Facility or any other Senior Lender Document entered into in connection with the Senior Facility or the Indenture or any other Noteholder Parity Lien Documents entered into in connection with the Indenture. As it relates to matters between the Trustee Parity Lien Collateral Agent, the Trustee, any other agent, trustee or representative for Parity Lien Debt and the Noteholders on the one hand, and the First-Lien Agent and the Senior Lenders on the other hand, in any conflict between the provisions of this Agreement and the Senior Lender Documents or the Noteholder Parity Lien Documents, this Agreement shall govern.

Appears in 2 contracts

Samples: Indenture (Century Aluminum Co), Indenture (Century Aluminum Co)

Relative Rights; Conflict. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Senior Facility Indenture or the Junior Indenture or any other Senior Lender Noteholder Documents or Junior Noteholder Documents entered into in connection with the Senior Facility Indenture or the Junior Indenture or permit the Company or any Subsidiary to take any action, or fail to take any action, to the extent such action or failure would otherwise constitute a breach of, or default under, the Senior Facility Indenture or any other Senior Lender Noteholder Documents entered into in connection with the Senior Facility Indenture or the Junior Indenture or any other Junior Noteholder Documents entered into in connection with the Junior Indenture, (b) change the relative priorities of the Senior Lender Claims or the Liens granted under the Senior Lender Documents on the Common Collateral (or any other assets) as among the Senior LendersCreditors, (c) otherwise change the relative rights of the Senior Lenders Creditors in respect of the Common Collateral as among such Senior Lenders Creditors or (d) obligate the Company or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Senior Facility Indenture or any other Senior Lender Document entered into in connection with the Senior Facility Indenture or the Junior Indenture or any other Noteholder Documents Junior Document entered into in connection with the Junior Indenture. As it relates to matters between the Trustee Junior Trustee, the Junior Collateral Agent, the Junior Creditors and the Noteholders Mortgage Tax Collateral Agent (in its capacity as agent for the Junior Creditors), on the one hand, and the First-Lien Agent Senior Trustee, the Senior Collateral Agent, the Senior Creditors and the Mortgage Tax Collateral Agent (in its capacity as agent for the Senior Lenders Creditors), on the other hand, in any conflict between the provisions of this Agreement and the Senior Lender Documents or the Junior Noteholder Documents, this Agreement shall govern.

Appears in 1 contract

Samples: Intercreditor Agreement (Hovnanian Enterprises Inc)

Relative Rights; Conflict. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Senior Facility Credit Agreement, the Senior Indenture or the Indenture Junior Indentures or any other Senior Lender Documents, Senior Noteholder Documents or Junior Noteholder Documents entered into in connection with the Senior Facility Credit Agreement, the Senior Indenture or the Indenture Junior Indentures or permit the Company or any Subsidiary to take any action, or fail to take any action, to the extent such action or failure would otherwise constitute a breach of, or default under, the Senior Facility Credit Agreement or any other Senior Lender Documents entered into in connection with the Senior Facility or Credit Agreement, the Senior Indenture or any other Senior Noteholder Documents entered into in connection with the IndentureSenior Indenture or the Junior Indentures or any other Junior Noteholder Documents entered into in connection with the Junior Indentures, (b) change the relative priorities of the Senior Lender Claims or the Liens granted under the Senior Lender Documents and the Senior Noteholder Documents on the Common Collateral (or any other assets) as among the Senior LendersCreditors, (c) otherwise change the relative rights of the Senior Lenders Creditors in respect of the Common Collateral as among such Senior Lenders Creditors or (d) obligate the Company or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Senior Facility Credit Agreement or any other Senior Lender Document entered into in connection with the Senior Facility or Credit Agreement, the Senior Indenture or any other Senior Noteholder Documents entered into in connection with the IndentureSenior Indenture or the Junior Indentures or any other Junior Noteholder Documents entered into in connection with the Junior Indentures. As it relates to matters between the Trustee Junior Trustees, the Junior Noteholder Collateral Agents and the Junior Noteholders on the one hand, and the First-Lien Administrative Agent, the Senior Credit Agent, the Senior Trustee, the Senior Noteholder Collateral Agent and the Senior Lenders Noteholders, on the other hand, in any conflict between the provisions of this Agreement and the Senior Lender Documents, the Senior Noteholder Documents or the Junior Noteholder Documents, this Agreement shall govern.

Appears in 1 contract

Samples: Intercreditor Agreement (Hovnanian Enterprises Inc)

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Relative Rights; Conflict. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Senior Facility Credit Agreement or the Indenture or any other Senior Lender Documents or Noteholder Documents entered into in connection with the Senior Facility Credit Agreement or the Indenture or permit the Company or any Subsidiary to take any action, or fail to take any action, to the extent such action or failure would otherwise constitute a breach of, or default under, the Senior Facility Credit Agreement or any other Senior Lender Documents entered into in connection with the Senior Facility Credit Agreement or the Indenture or any other Noteholder Documents entered into in connection with the Indenture, (b) change the relative priorities of the Senior Lender Claims or the Liens granted under the Senior Lender Documents on the Common Collateral (or any other assets) as among the Senior Lenders, (c) otherwise change the relative rights of the Senior Lenders in respect of the Common Collateral as among such Senior Lenders or (d) obligate the Company or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Senior Facility Credit Agreement or any other Senior Lender Document entered into in connection with the Senior Facility Credit Agreement or the Indenture or any other Noteholder Documents entered into in connection with the Indenture. As it relates to matters between the Trustee and the Noteholders on the one hand, and the First-Lien Administrative Agent and the Senior Lenders Credit Agent on the other hand, in any conflict between the provisions of this Agreement and the Senior Lender Documents or the Noteholder Documents, this Agreement shall govern.

Appears in 1 contract

Samples: Intercreditor Agreement (Hovnanian Enterprises Inc)

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