Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.9, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 29 contracts
Samples: Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (PGA Holdings, Inc.), Credit Agreement (PGA Holdings, Inc.)
Similar Liens and Agreements. The parties hereto acknowledge and agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 18 contracts
Samples: Intercreditor Agreement (Fusion Connect, Inc.), Intercreditor Agreement (Fusion Connect, Inc.), Credit Agreement (Communications Sales & Leasing, Inc.)
Similar Liens and Agreements. The parties hereto agree that that, subject to Sections 2.3 and 5.3(c), it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.12, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 7 contracts
Samples: Intercreditor Agreement (Franchise Group, Inc.), Intercreditor Agreement (Summit Midstream Partners, LP), Credit Agreement (Enviva Partners, LP)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.99.8, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 6 contracts
Samples: Intercreditor Agreement (Interface Security Systems, L.L.C.), Intercreditor Agreement (Interface Security Systems Holdings Inc), Intercreditor Agreement (Saratoga Resources Inc /Tx)
Similar Liens and Agreements. (a) The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.99.8, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 5 contracts
Samples: Fourth Amended and Restated Intercreditor Agreement (Boxlight Corp), Intercreditor Agreement (Boxlight Corp), Intercreditor Agreement (Boxlight Corp)
Similar Liens and Agreements. The parties hereto acknowledge and agree that it is their intention that the First Lien Collateral, the Second Lien Collateral and the Second Third Lien Collateral be identical. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 5 contracts
Samples: Intercreditor Agreement (Manchester Financial Group, LP), Intercreditor Agreement (Navation, Inc.), Intercreditor Agreement (NextWave Wireless Inc.)
Similar Liens and Agreements. The parties hereto (including the Borrower and the other Grantors) agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be substantially identical. In furtherance of the foregoing and of Section 8.98.11, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 4 contracts
Samples: Intercreditor Agreement (Focus Financial Partners Inc.), Intercreditor Agreement (Focus Financial Partners Inc.), Intercreditor Agreement (Focus Financial Partners Inc.)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.10, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 4 contracts
Samples: Intercreditor Agreement (Uranium Resources Inc /De/), Credit and Guaranty Agreement (Carmike Cinemas Inc), Credit and Guaranty Agreement (Carmike Cinemas Inc)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. To the extent that, notwithstanding this Section 2.07, the First Lien Collateral and Second Lien Collateral are not identical, the Second Lien Agent, on behalf of Second Lien Secured Parties, agrees that any amounts received by or distributed to any of them pursuant to or as a result of Liens on Second Lien Collateral that is not First Lien Collateral, shall be subject to Section 4.03. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 4 contracts
Samples: Intercreditor and Collateral Agency Agreement (PostRock Energy Corp), Intercreditor and Collateral Agency Agreement (PostRock Energy Corp), And Collateral Agency Agreement (Quest Resource Corp)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 3 contracts
Samples: Intercreditor Agreement (Atp Oil & Gas Corp), Intercreditor Agreement (Triple Crown Media, Inc.), Intercreditor Agreement (Open Solutions Inc)
Similar Liens and Agreements. The Except as provided in Section 2.3, the parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.11, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 3 contracts
Samples: Revolving Credit Agreement (Neiman Marcus Group LTD LLC), Credit Agreement (Amneal Pharmaceuticals, Inc.), Assignment and Acceptance (Amneal Pharmaceuticals, Inc.)
Similar Liens and Agreements. The parties hereto agree that that, subject to Sections 2.3 and 5.3, it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.10, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 2 contracts
Samples: Intercreditor Agreement (Karyopharm Therapeutics Inc.), Intercreditor Agreement (Karyopharm Therapeutics Inc.)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.9, the parties hereto agree, subject to the other provisions of this Agreement:: CHARl\1175377v2
Appears in 2 contracts
Samples: Credit Agreement, Intercreditor Agreement (Amn Healthcare Services Inc)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.09, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 2 contracts
Samples: Intercreditor Agreement (Prospect Medical Holdings Inc), Intercreditor Agreement (Prospect Medical Holdings Inc)
Similar Liens and Agreements. The parties hereto acknowledge and agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance furtherance, of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 2 contracts
Samples: Intercreditor Agreement (SafeNet Holding Corp), Intercreditor Agreement (SafeNet Holding Corp)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 2 contracts
Samples: Pledge and Security Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)
Similar Liens and Agreements. The parties hereto agree that that, subject to Section 6, it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.9, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Intercreditor Agreement (Bz Intermediate Holdings LLC)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.99.9, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 2 contracts
Samples: Collateral Agency and Intercreditor Agreement (Ampex Corp /De/), Collateral Agency and Intercreditor Agreement (Krispy Kreme Doughnuts Inc)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. To the extent that, notwithstanding this Section 2.5, the First Lien Collateral and Second Lien Collateral are not identical, the Second Lien Agent, on behalf of Second Lien Secured Parties, agrees that any amounts received by or distributed to any of them pursuant to or as a result of Liens on Second Lien Collateral that is not First Lien Collateral, shall be subject to Section 4.1. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 2 contracts
Samples: Intercreditor Agreement (Quest Resource Corp), Intercreditor Agreement (Quest Energy Partners, L.P.)
Similar Liens and Agreements. The parties hereto acknowledge and agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. To the extent that, notwithstanding this Section 2.04, the First Lien Collateral and Second Lien Collateral are not identical, the Second Lien Collateral Agent, on behalf of the Second Lien Secured Parties, agrees that any amounts received by or distributed to any of them pursuant to or as a result of Liens on Second Lien Collateral that is not First Lien Collateral, shall be subject to Section 4.02. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 2 contracts
Samples: Credit Agreement (Titan Energy, LLC), Credit Agreement (Titan Energy, LLC)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identicalidentical (except with respect to the Non-Second Lien Collateral). In furtherance of the foregoing and of Section 8.9, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Samples: Intercreditor Agreement (Primus Telecommunications Group Inc)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identicalsubstantially identical except as to the Uncommon Collateral. In furtherance of the foregoing and of Section 8.9, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Samples: Intercreditor Agreement (Revel Entertainment Group, LLC)
Similar Liens and Agreements. (a) The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be substantially identical. In furtherance of the foregoing and of Section 8.99.8, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Samples: Intercreditor Agreement (Nuverra Environmental Solutions, Inc.)
Similar Liens and Agreements. The parties hereto acknowledge and agree that it is their intention that the Collateral securing the First Lien Obligations and the Collateral and securing the Second Lien Collateral Obligations as of the date hereof be identicalidentical in all material respects. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Samples: Intercreditor Agreement (Interhealth Facility Transport, Inc.)
Similar Liens and Agreements. The parties hereto agree that that, subject to the immediately preceding paragraph and Declined Liens, it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.10, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identicalsubstantially identical except as set forth in Section 2.3(b). In furtherance of the foregoing and of Section 8.9, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Similar Liens and Agreements. The parties hereto agree that that, subject to Sections 2.3 and 5.3(c), it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.10, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Similar Liens and Agreements. The parties hereto agree that that, subject to Sections 2.3 and 5.3(c), it is their intention that the First Parity Lien Collateral and the Second Junior Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.12, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Similar Liens and Agreements. The parties hereto acknowledge and agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:: 14 ARTICLE 3 Enforcement 14
Appears in 1 contract
Samples: Credit Agreement (Communications Sales & Leasing, Inc.)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the First Lien Collateral and the Second Parity Lien Collateral be identical. In furtherance of the foregoing and of Section 8.9, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Similar Liens and Agreements. The parties hereto agree that that, subject to the immediately preceding paragraph and Declined Liens, it is their intention that the 2024 First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.10, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Similar Liens and Agreements. The parties hereto agree that that, subject to Section 2.3 and 5.3(c), it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.10, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Similar Liens and Agreements. The parties hereto agree that it is their intention that that, other than with respect to priority and rights of enforcement as provided herein, the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.10, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Similar Liens and Agreements. The (a) Subject to Section 2.11(b) below, the parties hereto agree that it is their intention that the First Lien Collateral and the be identical for all Second Lien Collateral be identicalClaimholders. In furtherance of of, but subject to, the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Samples: Passu Intercreditor Agreement (Franchise Group, Inc.)
Similar Liens and Agreements. The parties hereto agree that that, subject to Section 2.3 and 5.3(c), it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.11, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Samples: Second Lien Intercreditor Agreement (Engility Holdings, Inc.)
Similar Liens and Agreements. The parties hereto agree that it is their intention that the Collateral securing the First Lien Obligations and the Collateral and securing the Second Lien Collateral Obligations be identical. In furtherance of the foregoing and of Section 8.9, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Similar Liens and Agreements. The parties hereto (including each Obligor) agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical, except as otherwise set forth in this Agreement. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Samples: Intercreditor Agreement
Similar Liens and Agreements. The parties hereto (including Holdings and the Borrower, on behalf of itself and its Subsidiaries) agree that it is their intention that the First Lien Collateral and the Second Lien Collateral be identical. In furtherance of the foregoing and of Section 8.98.09, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Samples: Intercreditor Agreement
Similar Liens and Agreements. The parties hereto agree that it is their intention that the Shared Collateral be identical for all First Lien Collateral and the Second Lien Collateral be identicalSecured Parties. In furtherance of the foregoing and of Section 8.9foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
