Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured Parties, (c) otherwise change the relative rights of the Senior Secured Parties in respect of the Common Collateral as among such Senior Secured Parties or (d) obligate a Borrower or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
Appears in 5 contracts
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a Borrower 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 Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
Appears in 4 contracts
Samples: Second Lien Intercreditor Agreement, Credit Agreement (Vici Properties Inc.), Second Lien Intercreditor Agreement (Vici Properties Inc.)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(bSections 5.01 and 5.03(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the First Lien Credit Agreement, the Other First Priority Second Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents First-Priority Document or Second Second-Priority Documents Document entered into in connection with the First Lien Credit Agreement, the Other First Priority Second Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender First-Priority Document or Second Second-Priority Document or permit a Borrower the Company or any Subsidiary of the Company 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 First Lien Credit Agreement Agreement, the Second Lien Indenture or any other Senior Lender Documents First-Priority Document or Second-Priority Document entered into in connection with the First Lien Credit Agreement, the Other First Priority Second Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second First-Priority DocumentsDocument or Second-Priority Document, (b) change the relative priorities of the Senior Lender Claims First-Priority Obligations or the Liens granted under the Senior Lender First-Priority Documents on the Common Collateral (or any other assets) as among the Senior First-Priority Secured Parties, Parties or (c) otherwise change the relative rights of the Senior First-Priority Secured Parties in respect of the Common Collateral as among such Senior First-Priority Secured Parties as set forth in the Pari Passu Intercreditor Agreement and the First-Priority Documents or (d) obligate a Borrower the Company or any Subsidiary of the Company to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the First Lien Credit Agreement, the Other First Priority Second Lien Obligations Credit Documents Indenture or any other Senior Lender First-Priority Document or Second-Priority Document entered into in connection with the First Lien Credit Agreement, the Other First Priority Second Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second First-Priority DocumentsDocument or Second-Priority Document.
Appears in 3 contracts
Samples: Supplemental Indenture, Credit Agreement (Windstream Holdings, Inc.), Supplemental Indenture (Windstream Holdings, Inc.)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b5.3(d) or (e)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the ABL Credit Agreement, the Other First Priority Lien Obligations Term Loan Credit Documents, the Second Priority Senior Secured Notes Indenture Agreements or any other Senior Lender Documents ABL Loan Document or Second Priority Documents Term Loan Document entered into in connection with the ABL Credit Agreement, the Other First Priority Lien Obligations Term Loan Credit Documents, the Second Priority Senior Secured Notes Indenture Agreements or any other Senior Lender ABL Loan Document or Second Priority Term Loan Document or permit a Borrower Holdings, the Company or any other 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 ABL Credit Agreement or any other Senior Lender ABL Loan Documents entered into in connection with the ABL Credit Agreement, the Other First Priority Lien Obligations any Term Loan Credit Documents, the Second Priority Senior Secured Notes Indenture Agreement or any other Second Priority Term Loan Document entered into in connection with the Term Loan Documents, (b) change the relative priorities of the Senior Lender ABL Priority Claims or the Liens granted under the Senior Lender ABL Loan Documents on the Common Collateral (or any other assets) as among the Senior Secured PartiesABL Lenders, or change the relative priorities of the Term Loan Claims or the Liens granted under the Term Loan Documents on the Common Collateral (or any other assets) as among the Term Loan Lenders, (c) otherwise change the relative rights of the Senior Secured Parties ABL Lenders in respect of the Common Collateral as among such Senior Secured Parties ABL Lenders, or the relative rights of the Term Loan Lenders in respect of the Common Collateral as among such Term Loan Lenders or (d) obligate a Borrower Holdings, 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 ABL Credit Agreement, the Other First Priority Lien Obligations Credit Documents Agreement or any other Senior Lender ABL Loan Document entered into in connection with the ABL Credit Agreement, the Other First Priority Lien Obligations Term Loan Credit Documents, the Second Priority Senior Secured Notes Indenture Agreements or any other Second Priority DocumentsTerm Loan Document into in connection with the Term Loan Credit Agreements. None of Holdings, the Company or any Subsidiary shall have any rights hereunder except as expressly set forth herein (including as set forth in Section 9.3).
Appears in 3 contracts
Samples: Intercreditor Agreement (AZEK Co Inc.), Intercreditor Agreement (CPG Newco LLC), Intercreditor Agreement (CPG Newco LLC)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First First-Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First First-Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Holdings, the Borrower 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First First-Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a Holdings, the Borrower or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other First First-Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First First-Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
Appears in 3 contracts
Samples: Credit Agreement (Aeroways, LLC), Intercreditor Agreement (Aeroways, LLC), Credit Agreement (Cke Restaurants Inc)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a the Borrower 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a the Borrower or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
Appears in 3 contracts
Samples: Fifth Amendment Agreement (Eldorado Gold Corp /Fi), Credit Agreement (Eldorado Gold Corp /Fi), Second Lien Intercreditor Agreement (Caesars Acquisition Co)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the any provisions of the Credit Agreementany First Lien Facility Documents, any Other First Lien Obligations Documents, any Second Lien Facility Document or any Other Second Lien Obligations Documents, or is intended to or will permit Holdings, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Company or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower or any Subsidiary subsidiary thereof 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 Credit Agreement any First Lien Obligations Documents or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Second Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, ; (b) change the relative priorities of the Senior Lender Claims First Lien Obligations or the Liens granted under the Senior Lender First Lien Obligations Documents on the Common Collateral (or any other assets) as among the Senior First Lien Obligations Secured Parties, it being expressly acknowledged and agreed that such relative priorities may be subject to any intercreditor agreements governing such relative priorities; (c) otherwise change the relative rights of the Senior First Lien Obligations Secured Parties in respect of the Common Collateral as among such Senior First Lien Obligations Secured Parties, it being expressly acknowledged and agreed that such relative rights of the First Lien Obligations Secured Parties or may be subject to any intercreditor agreements governing such rights; (d) obligate a Borrower change the relative priorities of the Second Lien Obligations or the Liens granted under the Second Lien Obligations Documents on the Common Collateral (or any Subsidiary other assets) as among the Second Lien Obligations Secured Parties, it being expressly acknowledged and agreed that such relative priorities may be subject to any intercreditor agreements governing such relative priorities; (e) otherwise change the relative rights of the Second Lien Obligations Secured Parties in respect of the Common Collateral as among such Second Lien Obligations Secured Parties, it being expressly acknowledged and agreed that such relative rights of the Second Lien Obligations Secured Parties may be subject to any intercreditor agreements governing such rights; or (f) obligate Holdings, the Company or any subsidiary thereof to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other any First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Second Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
Appears in 3 contracts
Samples: Intercreditor Agreement, First Lien/Second Lien Intercreditor Agreement (ADT, Inc.), First Lien/Second Lien Intercreditor Agreement (ADT, Inc.)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Initial Other First Priority Documents, the Other First Priority Lien Obligations Credit Documents, the Initial Second Priority Senior Secured Notes Indenture Agreement, the Other Second Priority Lien Obligations Documents or any other Senior Lender Creditor Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Initial Other First Priority Documents, the Other First Priority Lien Obligations Credit Documents, the Initial Second Priority Senior Secured Notes Indenture Agreement, the Other Second Priority Lien Obligations Documents or any other Senior Lender Creditor Document or Second Priority Document or permit a the Borrower 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 Credit Agreement or any other Senior Lender Creditor Documents entered into in connection with the Credit Agreement, the Initial Other First Priority Documents, the Other First Priority Lien Obligations Credit Documents, the Initial Second Priority Senior Secured Notes Indenture Agreement, the Other Second Priority Lien Obligations Documents, or any other Second Priority Documents, (b) change the relative priorities of the Senior Lender Creditor Claims or the Liens granted under the Senior Lender Creditor Documents on the Common Collateral (or any other assets) as among the Senior Secured PartiesCreditors, (c) otherwise change the relative rights of the Senior Secured Parties Creditors in respect of the Common Collateral as among such Senior Secured Parties Creditors or (d) obligate a the Borrower or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Initial Other First Priority Documents, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Creditor Document entered into in connection with the Credit Agreement, the Initial Other First Priority Documents, the Other First Priority Lien Obligations Credit Documents, the Initial Second Priority Senior Secured Notes Indenture Agreement, the Other Second Priority Lien Obligations Documents or any other Second Priority Documents.
Appears in 2 contracts
Samples: Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the tthe Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower Holdings, 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a Borrower Holdings, 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 Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Claires Stores Inc), Intercreditor Agreement (Claires Stores Inc)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the First Priority Notes Indenture, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the First Priority Notes Indenture, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower the Company, Holdings 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 Credit Agreement Agreement, the First Priority Notes Indenture or any other Senior Lender Documents entered into in connection with the Credit Agreement, the First Priority Notes Indenture, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a Borrower the Company, Holdings or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the First Priority Notes Indenture, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the First Priority Notes Indenture, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (SeaWorld Entertainment, Inc.)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the any provisions of any of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, or is intended to or will permit the Second Priority Senior Secured Notes Indenture Company or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower or any Subsidiary subsidiary thereof 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, any of the Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, ; (b) change the relative priorities of the Senior Lender Claims First Lien Obligations or the Liens granted under the Senior Lender First Lien Documents on the Common Collateral (or any other assets) as among the Senior First Lien Secured Parties, it being expressly acknowledged and agreed that such relative priorities may be subject to any intercreditor agreements governing such relative priorities; (c) otherwise change the relative rights of the Senior First Lien Secured Parties in respect of the Common Collateral as among such Senior First Lien Secured Parties, it being expressly acknowledged and agreed that such relative rights of the First Lien Secured Parties or may be subject to any intercreditor agreements governing such rights; (d) obligate a Borrower change the relative priorities of the Second Lien Obligations or the Liens granted under the Second Lien Documents on the Collateral (or any Subsidiary other assets) as among the Second Lien Secured Parties, it being expressly acknowledged and agreed that such relative priorities may be subject to any intercreditor agreements governing such relative priorities; (e) otherwise change the relative rights of the Second Lien Secured Parties in respect of the Collateral as among such Second Lien Secured Parties, it being expressly acknowledged and agreed that such relative rights of the Second Lien Secured Parties may be subject to any intercreditor agreements governing such rights; or (f) obligate the Company or any subsidiary thereof to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, any of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
Appears in 1 contract
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower [Holdings], the Borrowers 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a Borrower [Holdings], the Borrowers or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
Appears in 1 contract
Samples: Credit Agreement (RBS Global Inc)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Bridge Loan Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Bridge Loan Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower Holdings, 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Bridge Loan Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a Borrower Holdings, 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 Credit Agreement, the Bridge Loan Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Bridge Loan Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents. As among the respective First Lien Agents, nothing in this Agreement shall alter the respective rights, priorities and obligations of the First Lien Agents under the Senior Lender Intercreditor Agreement or the Senior Fixed Collateral Intercreditor Agreement.
Appears in 1 contract
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the First Lien Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Lien Credit Agreement or any other Senior First Lien Lender Documents or Second Priority Documents entered into in connection with the First Lien Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Lien Credit Agreement or any other Senior First Lien Lender Document or Second Priority Document or permit a Borrower 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 First Lien Credit Agreement or any other Senior First Lien Lender Documents entered into in connection with the First Lien Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Lien Credit Agreement or any other Second Priority Documents, (b) change the relative priorities of the Senior First Lien Lender Claims or the Liens granted under the Senior First Lien Lender Documents on the Common Collateral (or any other assets) as among the Senior Secured PartiesFirst Lien Lenders, (c) otherwise change the relative rights of the Senior Secured Parties First Lien Lenders in respect of the Common Collateral as among such Senior Secured Parties First Lien Lenders or (d) obligate a Borrower 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 First Lien Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior First Lien Lender Document entered into in connection with the First Lien Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Lien Credit Agreement or any other Second Priority Documents.
Appears in 1 contract
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower Holdings, 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, it being expressly acknowledged and agreed that such priorities are subject to the terms and provisions of the Current Asset Revolving Facility/Fixed Asset Revolving Facility Intercreditor Agreement, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders, it being expressly acknowledged and agreed that such rights are subject to the terms and provisions of the Current Asset Revolving Facility/Fixed Asset Revolving Facility Intercreditor Agreement or (d) obligate a Borrower Holdings, 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 Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
Appears in 1 contract
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Parent, the Borrower 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a Parent, the Borrower or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
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Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Initial Second Priority Senior Secured Notes Indenture Agreement, the Other Second Priority Lien Obligations Credit Documents or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Initial Second Priority Senior Secured Notes Indenture Agreement, the Other Second Priority Lien Obligations Credit Documents or any other Senior Lender Document or Second Priority Document or permit a the Borrower 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Initial Second Priority Senior Secured Notes Indenture Agreement, the Other Second Priority Lien Obligations Credit Documents, or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a the Borrower or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Initial Second Priority Senior Secured Notes Indenture Agreement, the Other Second Priority Lien Obligations Credit Documents or any other Second Priority Documents.
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Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower Holdings, 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a Borrower Holdings, 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 Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
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Samples: Intercreditor Agreement (Harrahs Entertainment Inc)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section Sections 2.3, 3.1, 4.1, 4.2, 5.1 and 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a the Borrower 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a Borrower the Borrower, or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
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Samples: Intercreditor Agreement (Matthews International Corp)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the [Initial Second Priority Senior Secured Notes Indenture Indebtedness Agreement] or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the [Initial Second Priority Senior Secured Notes Indenture Indebtedness Agreement] or any other Senior Lender Document or Second Priority Document or permit a the Borrower 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the [Initial Second Priority Senior Secured Notes Indenture Indebtedness Agreement] or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a the Borrower or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the [Initial Second Priority Senior Secured Notes Indenture Indebtedness Agreement] or any other Second Priority Documents.
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Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(bSections 5.01 and 5.03(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit DocumentsIndenture, the Second Priority Senior Secured Notes Lien Indenture or any other Senior Lender Documents First-Priority Document or Second Second-Priority Documents Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit DocumentsIndenture, the Second Priority Senior Secured Notes Lien Indenture or any other Senior Lender First-Priority Document or Second Second-Priority Document or permit a Borrower the Company or any Subsidiary of the Company 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 Credit Agreement First Lien Indenture, the Second Lien Indenture or any other Senior Lender Documents First-Priority Document or Second-Priority Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit DocumentsIndenture, the Second Priority Senior Secured Notes Lien Indenture or any other Second First-Priority DocumentsDocument or Second-Priority Document, (b) change the relative priorities of the Senior Lender Claims First-Priority Obligations or the Liens granted under the Senior Lender First-Priority Documents on the Common Collateral (or any other assets) as among the Senior First-Priority Secured Parties, Parties or (c) otherwise change the relative rights of the Senior First-Priority Secured Parties in respect of the Common Collateral as among such Senior First-Priority Secured Parties as set forth in the Collateral Trust Agreement and the First-Priority Documents or (d) obligate a Borrower the Company or any Subsidiary of the Company to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit AgreementFirst Lien Indenture, the Other First Priority Second Lien Obligations Credit Documents Indenture or any other Senior Lender First-Priority Document or Second-Priority Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit DocumentsIndenture, the Second Priority Senior Secured Notes Lien Indenture or any other Second First-Priority DocumentsDocument or Second-Priority Document. Notwithstanding anything in this Agreement to the contrary, (i) the First Lien Collateral Trustee and the First Lien Trustee shall be entitled to all of the rights, protections, immunities and indemnities set forth in the Collateral Trust Agreement (if then in effect) and the First-Priority Documents as if specifically set forth herein, and (ii) the First Lien Collateral Agent (including in its capacity as First-Priority Representative) shall be entitled to all of the rights, protections, immunities and indemnities of the First Lien Collateral Trustee as set forth in the Collateral Trust Agreement (if then in effect) and the First-Priority Documents as if specifically set forth herein.
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Samples: Indenture (Macy's, Inc.)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section Sections 5.1 and 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the First Lien Credit Agreement, the Other First Initial Second-Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Agreement or any other Senior Lender Documents First-Priority Document or Second Second-Priority Documents Document entered into in connection with the First Lien Credit Agreement, the Other First Initial Second-Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Agreement or any other Senior Lender First-Priority Document or Second Second-Priority Document or permit a the Parent Borrower or any Subsidiary of the Parent Borrower 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 First Lien Credit Agreement, the Initial Second-Priority Agreement or any other Senior Lender Documents First-Priority Document or Second-Priority Document entered into in connection with the First Lien Credit Agreement, the Other First Initial Second-Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Agreement or any other Second First-Priority DocumentsDocument or [Second-Priority Document], (b) change the relative priorities of the Senior Lender Claims First-Priority Obligations or the Liens granted under the Senior Lender First-Priority Documents on the Common Collateral (or any other assets) as among the Senior First-Priority Secured Parties, Parties or (c) otherwise change the relative rights of the Senior First-Priority Secured Parties in respect of the Common Collateral as among such Senior First-Priority Secured Parties or (d) obligate a the Parent Borrower or any Subsidiary other Grantor to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the First Lien Credit Agreement, the Other First Initial Second-Priority Lien Obligations Credit Documents Agreement or any other Senior Lender First-Priority Document or Second-Priority Document entered into in connection with the First Lien Credit Agreement, the Other First Initial Second-Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Agreement or any other Second First-Priority DocumentsDocument or Second-Priority Document.
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Relative Rights. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First-Priority Secured Parties on the one hand and the Second-Priority Secured Parties on the other hand. Nothing in this Agreement is intended to or shall impair the obligations of Holdings, the Issuer or any other Grantor, which are absolute and unconditional, to pay the First-Priority Obligations and the Second-Priority Obligations as and when the same shall become due and payable in accordance with the terms of the First-Priority Documents and the Second-Priority Documents, respectively. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section Sections 5.1 and 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit First Lien Note Purchase Agreement, the Other First Priority Second Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Document or any other Senior Lender Documents First-Priority Document or Second Second-Priority Documents Document entered into in connection with the Credit First Lien Note Purchase Agreement, the Other First Priority Second Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Document or any other Senior Lender First-Priority Document or Second Second-Priority Document or permit a Borrower the Issuer or any Subsidiary of the Issuer 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 Credit Agreement First Lien Note Purchase Agreement, the Second Lien Document or any other Senior Lender Documents First-Priority Document or Second-Priority Document entered into in connection with the Credit First Lien Note Purchase Agreement, the Other First Priority Second Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Document or any other Second First-Priority DocumentsDocument or Second-Priority Document, (b) change the relative priorities of the Senior Lender Claims First-Priority Obligations or the Liens granted under the Senior Lender First-Priority Documents on the Common Collateral (or any other assets) as among the Senior First-Priority Secured Parties, (c) otherwise change the relative rights of the Senior First-Priority Secured Parties in respect of the Common Collateral as among such Senior First-Priority Secured Parties Parties, or (d) obligate a Borrower the Issuer or any Subsidiary of the Issuer to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit First Lien Note Purchase Agreement, the Other First Priority Second Lien Obligations Credit Documents Document or any other Senior Lender First-Priority Document or Second-Priority Document entered into in connection with the Credit First Lien Note Purchase Agreement, the Other First Priority Second Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Document or any other Second First-Priority DocumentsDocument or Second-Priority Document.
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Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the provisions of the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower Holdings, the Issuer 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 Credit Agreement or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, (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 Secured PartiesLenders, (c) otherwise change the relative rights of the Senior Secured Parties Lenders in respect of the Common Collateral as among such Senior Secured Parties Lenders or (d) obligate a Borrower Holdings, the Issuer or any Subsidiary to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
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Samples: Notes Intercreditor Agreement (TAMINCO ACQUISITION Corp)
Relative Rights. Notwithstanding anything in this Agreement to the contrary (except to the extent contemplated by Section 5.3(b)), nothing in this Agreement is intended to or will (a) amend, waive or otherwise modify the any provisions of the Credit Agreementany First Lien Facility Documents, any Other First Lien Obligations Documents, any Junior Lien Notes Document or any Other Junior Lien Obligations Documents, or is intended to or will permit Holdings, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture Company or any other Senior Lender Documents or Second Priority Documents entered into in connection with the Credit Agreement, the Other First Priority Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Senior Lender Document or Second Priority Document or permit a Borrower or any Subsidiary subsidiary thereof 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 Credit Agreement any First Lien Obligations Documents or any other Senior Lender Documents entered into in connection with the Credit Agreement, the Other First Priority Junior Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents, ; (b) change the relative priorities of the Senior Lender Claims First Lien Obligations or the Liens granted under the Senior Lender First Lien Obligations Documents on the Common Collateral (or any other assets) as among the Senior First Lien Obligations Secured Parties, it being expressly acknowledged and agreed that such relative priorities may be subject to any intercreditor agreements governing such relative priorities; (c) otherwise change the relative rights of the Senior First Lien Obligations Secured Parties in respect of the Common Collateral as among such Senior First Obligations Secured Parties, it being expressly acknowledged and agreed that such relative rights of the First Lien Obligations Secured Parties or may be subject to any intercreditor agreements governing such rights; (d) obligate a Borrower change the relative priorities of the Junior Lien Obligations or the Liens granted under the Junior Lien Obligations Documents on the Common Collateral (or any Subsidiary other assets) as among the Junior Lien Obligations Secured Parties, it being expressly acknowledged and agreed that such relative priorities may be subject to any intercreditor agreements governing such relative priorities; (e) otherwise change the relative rights of the Junior Lien Obligations Secured Parties in respect of the Common Collateral as among such Second Obligations Secured Parties, it being expressly acknowledged and agreed that such relative rights of the Junior Lien Obligations Secured Parties may be subject to any intercreditor agreements governing such rights; or (f) obligate Holdings, the Company or any subsidiary thereof to take any action, or fail to take any action, that would otherwise constitute a breach of, or default under, the Credit Agreement, the Other any First Priority Lien Obligations Credit Documents or any other Senior Lender Document entered into in connection with the Credit Agreement, the Other First Priority Junior Lien Obligations Credit Documents, the Second Priority Senior Secured Notes Indenture or any other Second Priority Documents.
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