Similar Liens and Agreements. (a) Subject to Section 2.11(b) below, the parties hereto agree that it is their intention that the Collateral be identical for all First Lien Claimholders; provided, that this provision will not be violated with respect to any particular Series if the First Lien Document for such Series prohibits the Collateral Agent for that Series from accepting a Lien on such asset or property or such Collateral Agent otherwise expressly declines to accept a Lien on such asset or property (any such prohibited or declined Liens with respect to a particular Series, a “Declined Lien”). In furtherance of, but subject to, the foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 7 contracts
Samples: Passu Intercreditor Agreement (Post Holdings, Inc.), Credit Agreement (Healthequity, Inc.), Credit Agreement (Enviva Partners, LP)
Similar Liens and Agreements. (a) Subject to Section 2.11(b) below, the The parties hereto agree that it is their intention that the Collateral be identical for all First Parity Lien Claimholders; , provided, that this provision will not be violated with respect to any particular Series if the First Parity Lien Document for such Series prohibits the Collateral Agent for that Series from accepting a Lien on such asset or property or such Collateral Agent otherwise expressly declines to accept a Lien on such asset or property (any such prohibited or declined Liens with respect to a particular Series, a “Declined Lien”). In furtherance of, but subject to, the foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 2 contracts
Samples: Intercreditor Agreement (Urban One, Inc.), Intercreditor Agreement (Evraz North America PLC)
Similar Liens and Agreements. (a) Subject to Section 2.11(b) below, the parties hereto agree that it is their intention that the Collateral be identical for all First Lien Claimholders; Secured Parties [provided, that this provision will not be violated with respect to any particular Series if the First Lien Document for such Series prohibits the Collateral Agent for that Series from accepting a Lien on such asset or property or such Collateral Agent otherwise expressly declines to accept a Lien on such asset or property (any such prohibited or declined Liens with respect to a particular Series, a “Declined Lien”)]. In furtherance of, but subject to, the foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
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Similar Liens and Agreements. (a) 1. Subject to Section 2.11(b) K2 below, the parties hereto agree that it is their intention that the Collateral be identical for all First Lien Claimholders; provided, that this provision will not be violated with respect to any particular Series if the First Lien Document for such Series prohibits the Collateral Agent for that Series from accepting a Lien on such asset or property or such Collateral Agent otherwise expressly declines to accept a Lien on such asset or property (any such prohibited or declined Liens with respect to a particular Series, a “Declined Lien”). In furtherance of, but subject to, the foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Similar Liens and Agreements. (a) Subject to Section 2.11(b) below, the parties hereto agree that it is their intention that the Collateral be identical for all First Lien Claimholders; Claimholders provided, that this provision will not be violated with respect to any particular Series if the First Lien Document for such Series prohibits the Collateral Agent for that Series from accepting a Lien on such asset or property or such Collateral Agent otherwise expressly declines to accept a Lien on such asset or property (any such prohibited or declined Liens with respect to a particular Series, a “Declined Lien”). In furtherance of, but subject to, the foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Samples: Passu Intercreditor Agreement (Turning Point Brands, Inc.)
Similar Liens and Agreements. (a) Subject to Section 2.11(b) below, the The parties hereto agree that it is their intention that the Collateral be identical for all First Lien Claimholders; Claimholders provided, that this provision will not be violated with respect to any particular Series if the First Lien Document for such Series prohibits the Collateral Agent for that Series from accepting a Lien on such asset or property or such Collateral Agent otherwise expressly declines to accept a Lien on such asset or property (any such prohibited or declined Liens with respect to a particular Series, a “Declined Lien”). In furtherance of, but subject to, the foregoing, the parties hereto agree, subject to the other provisions of this Agreement:
Appears in 1 contract
Samples: Passu Intercreditor Agreement (Abercrombie & Fitch Co /De/)