Common use of Subject to Intercreditor Agreements Clause in Contracts

Subject to Intercreditor Agreements. (a) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral are subject to the provisions of the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Intercreditor Agreement and the terms of this Agreement, the terms of the ABL Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, after a First Lien/First Lien Intercreditor Agreement has been entered into, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral constituting Shared Collateral shall be subject to the provisions of the First Lien/First Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien/First Lien Intercreditor Agreement and the terms of this Agreement, the terms of the First Lien/First Lien Intercreditor Agreement shall govern. (c) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral constituting Common Collateral are subject to the provisions of the First Lien/Second Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien/Second Lien Intercreditor Agreement and the terms of this Agreement, the terms of the First Lien/Second Lien Intercreditor Agreement shall govern.

Subject to Intercreditor Agreements. (a) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Second-Priority Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral are subject to the provisions of the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Intercreditor Agreement and the terms of this Agreement, the terms of the ABL Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, after a First Lien/First Lien Intercreditor Agreement has been entered into, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Second-Priority Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral constituting Shared Collateral shall be subject to the provisions of the First Lien/First Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien/First Lien Intercreditor Agreement and the terms of this Agreement, the terms of the First Lien/First Lien Intercreditor Agreement shall govern. (c) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral constituting Common Collateral are subject to the limitations and provisions of the First Lien/Second Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien/Second Lien Intercreditor Agreement and the terms of this Agreement, the terms of the First Lien/Second Lien Intercreditor Agreement shall govern. (c) Notwithstanding anything herein to the contrary, if a Second Lien/Second Lien Intercreditor Agreement has been entered into, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Second-Priority Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral constituting Common Collateral shall be subject to the provisions of the Second Lien/Second Lien Intercreditor Agreement (if entered into). In the event of any conflict between the terms of the Second Lien/Second Lien Intercreditor Agreement (if entered into) and the terms of this Agreement, the terms of the Second Lien/Second Lien Intercreditor Agreement shall govern.

Subject to Intercreditor Agreements. (a) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Second-Priority Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral are subject to the provisions of the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Intercreditor Agreement and the terms of this Agreement, the terms of the ABL Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, after a First Lien/First Lien Intercreditor Agreement has been entered into, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral constituting Shared Collateral shall be subject to the provisions of the First Lien/First Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien/First Lien Intercreditor Agreement and the terms of this Agreement, the terms of the First Lien/First Lien Intercreditor Agreement shall govern. (c) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Pledged Collateral constituting Common Collateral are subject to the limitations and provisions of the First Lien/Second Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien/Second Lien Intercreditor Agreement and the terms of this Agreement, the terms of the First Lien/Second Lien Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, if a Second Lien/Second Lien Intercreditor Agreement has been entered into, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Second-Priority Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Pledged Collateral constituting Common Collateral shall be subject to the limitations and provisions of the Second Lien/Second Lien Intercreditor Agreement. In the event of any conflict between the terms of the Second Lien/Second Lien Intercreditor Agreement (if entered into) and the terms of this Agreement, the terms of the Second Lien/Second Lien Intercreditor Agreement shall govern.

Subject to Intercreditor Agreements. (a) Notwithstanding anything herein to the contrary, (i) the Liens liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement are expressly subject and subordinate to the liens and security interests granted to (a) JPMCB, as administrative agent and collateral agent (and its permitted successors), pursuant to the Collateral Agreement, dated as of March 28, 2013 (as amended, restated, supplemented or otherwise modified from time to time), among Holdings, the Issuer, certain Subsidiaries of the Issuer party thereto from time to time and JPMorgan Chase Bank, N.A., as collateral agent, (b) Wilmington Trust, National Association, as collateral agent, pursuant to the Collateral Agreement, dated as of March 28, 2013 (as amended, restated, supplemented or otherwise modified from time to time), among the Issuer, certain Subsidiaries of the Issuer party thereto from time to time and Wilmington Trust, National Association, as collateral agent, or (c) any agent or trustee for any other Senior Lender Claims, and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral are is subject to the limitations and provisions of the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Senior Secured Intercreditor Agreement and the terms of this any other applicable Intercreditor Agreement, including the terms of the ABL Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, after a First Lien/First Lien Intercreditor Agreement has been entered into, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral constituting Shared Collateral shall be subject to the provisions of the First Lien/First Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien/First Lien Intercreditor Agreement and the terms of this Agreement, the terms of the First Lien/First Lien Intercreditor Agreement shall govern. (c) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral constituting Common Collateral are subject to the provisions of the First Lien/Existing Second Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien/Senior Secured Intercreditor Agreement or such other Intercreditor Agreement, including the Existing Second Lien Intercreditor Agreement Agreement, on the one hand, and the terms of this Agreement, on the other hand, then the terms of the First Lien/Senior Secured Intercreditor Agreement or such other Intercreditor Agreement, including the Existing Second Lien Intercreditor Agreement Agreement, as applicable, shall govern. Nothing herein is intended, or shall be construed, to give any Pledgor any additional right, remedy or claim under, to or in respect of this Agreement or any Collateral.

Subject to Intercreditor Agreements. (a) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral are subject to the provisions of the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Intercreditor Agreement and the terms of this Agreement, the terms of the ABL Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, after a First Lien/First Lien Intercreditor Agreement has been entered into, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Pledged Collateral constituting Shared Common Collateral shall be (as defined in the First Lien/First Lien Intercreditor Agreement) are subject to the limitations and provisions of the First Lien/First Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien/First Lien Intercreditor Agreement and the terms of this Agreement, the terms of the First Lien/First Lien Intercreditor Agreement shall govern. (cb) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Pledged Collateral constituting Common Collateral (as defined in the First Lien/Second Lien Intercreditor Agreement) are subject to the limitations and provisions of the First Lien/Second Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien/Second Lien Intercreditor Agreement and the terms of this Agreement, the terms of the First Lien/Second Lien Intercreditor Agreement shall govern.

Subject to Intercreditor Agreements. (a) Notwithstanding anything herein to the contrary, contrary (i) the Liens liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties Applicable First Lien Representative pursuant to this Agreement are expressly subject to the Existing Second Lien Intercreditor Agreement, the New 1-1/2 Lien Intercreditor Agreement and the First Lien Intercreditor Agreement and (ii) the exercise of any right or remedy by the Collateral Agent Applicable First Lien Representative hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral are is subject to the limitations and provisions of the ABL Existing Second Lien Intercreditor Agreement. In , the event of any conflict between the terms of the ABL New 1-1/2 Lien Intercreditor Agreement and the terms of this Agreement, the terms of the ABL Intercreditor Agreement shall govern. (b) Notwithstanding anything herein to the contrary, after a First Lien/First Lien Intercreditor Agreement has been entered into, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral constituting Shared Collateral shall be subject to the provisions of the First Lien/First Lien Intercreditor Agreement. In the event of any conflict between the terms of, on the one hand, any of the First Lien/Existing Second Lien Intercreditor Agreement, the New 1-1/2 Lien Intercreditor Agreement and the First Lien Intercreditor Agreement and and, on the other hand, the terms of this Agreement, then the terms of the First Lien/First Lien Intercreditor Agreement shall govern. (c) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or the application of proceeds (including insurance proceeds and condemnation proceeds) of any Collateral constituting Common Collateral are subject to the provisions of the First Lien/Existing Second Lien Intercreditor Agreement, the New 1-1/2 Lien Intercreditor Agreement or the First Lien Intercreditor Agreement, as applicable, shall govern. In the event of any conflict between the terms of any of the First Lien/Existing Second Lien Intercreditor Agreement, the New 1-1/2 Lien Intercreditor Agreement and the terms of this First Lien Intercreditor Agreement, such conflict shall be resolved pursuant to the terms of the First Lien/Second Lien Intercreditor such agreements. Nothing herein is intended, or shall be construed, to give any Loan Party any additional right, remedy or claim under, to or in respect of this Agreement shall governor any Collateral.