SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENT Sample Clauses

SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENT. This SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENT (this “Agreement”), originally dated as of April 1, 2022, amended and restated as of May 26, 2023 and as further amended and restated as of June 3, 2024 by and among Cantor Fxxxxxxxxx Securities, as collateral agent (in such capacity, with its successors and assigns, the “Term Loan Agent”) for the Term Loan Secured Parties, Macquarie Energy North America Trading Inc., in its capacity as intermediator under the Intermediation Facility Documents (in such capacity, with its successor and assigns, the “Intermediation Facility Secured Party”), Vertex Refining Alabama LLC, a Delaware limited liability company (the “Company” or “Grantor”), and each of the other companies appearing on the signature pages hereto (collectively, the “Acknowledging Affiliates”).
Sample 1
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Related to SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENT

  • Definitions For purposes of this Agreement:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • NOW, THEREFORE the parties hereto agree as follows:

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

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