Third Lien Intercreditor Agreement Sample Clauses
Third Lien Intercreditor Agreement. It is hereby agreed that the Second Priority Representatives and, if any Senior Representative elects to become a party thereto, such Senior Representative, may enter into intercreditor agreements or similar arrangements governing the rights, benefits and privileges as among the Second Priority Debt Parties and the holders of Indebtedness secured on a junior basis to the Second Priority Debt Obligations and the Senior Obligations in respect of the Shared Collateral with one or more trustees, administrative agents, collateral agents or similar agents under the indenture or other governing agreement pursuant to which Indebtedness is issued, incurred or otherwise obtained, including as to application of proceeds of the Shared Collateral, control of the Shared Collateral and waivers, modifications and releases with respect to the Shared Collateral (each, as such agreement or arrangement may be amended, supplemented, restated or otherwise modified from time to time, a “Third Lien Intercreditor Agreement”). In the event that any Third Lien Intercreditor Agreement exists, the provisions thereof shall not, as between any of the Senior Secured Parties, on the one hand, and any of the Second Priority Debt Parties, on the other hand, be (or be construed to be) an amendment, modification or other change to this Agreement and the provisions of this Agreement shall remain in full force and effect in accordance with the terms hereof (as such provisions may be amended, modified or otherwise supplemented from time to time in accordance with the terms hereof).
Third Lien Intercreditor Agreement. This Indenture is entered into with the benefit of and subject to the terms of the Third Lien Intercreditor Agreement, and the rights and benefits of the Third Lien Secured Parties hereunder are limited by and subject to the terms of the Third Lien Intercreditor Agreement including as to payment subordination, payment priority and collateral priority.
Third Lien Intercreditor Agreement. Notwithstanding anything herein to the contrary, the Liens and security interests granted to the Third Lien Agent pursuant to this Agreement and the exercise of any right or remedy by the Third Lien Agent hereunder, in each case, with respect to the Collateral are subject to the limitations and provisions of the Third Lien Intercreditor Agreement. In the event of any conflict between the terms of the Third Lien Intercreditor Agreement and the terms of this Agreement with respect to the Collateral, the terms of the Third Lien Intercreditor Agreement shall govern and control; provided that the Third Lien Intercreditor Agreement shall not be construed, by its terms, to modify any security interest granted pursuant to Section 2 hereof.