Common use of When Discharge of First Lien Priority Obligations Deemed to Not Have Occurred Clause in Contracts

When Discharge of First Lien Priority Obligations Deemed to Not Have Occurred. If Borrowers enter into any Refinancing of the First Lien Priority Obligations, then a Discharge of First Lien Priority Obligations shall be deemed not to have occurred for all purposes of this Agreement, and the obligations under such Refinancing of such First Lien Priority Obligations shall be treated as First Lien Priority Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, and First Lien Agent under the First Lien Debt Documents effecting such Refinancing shall be First Lien Agent for all purposes of this Agreement. First Lien Agent under such First Lien Debt Documents shall agree (in a writing addressed to Second Lien Agent for the benefit of itself and the Second Lien Claimholders) to be bound by the terms of this Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement (Hutchinson Technology Inc), Intercreditor Agreement (Hutchinson Technology Inc)

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When Discharge of First Lien Priority Obligations Deemed to Not Have Occurred. If Borrowers the Grantors enter into any Refinancing of the First Lien Priority Obligations, then a Discharge of First Lien Priority Obligations shall be deemed not to have occurred for all purposes of this Agreement, and the obligations under such Refinancing of such First Lien Priority Obligations shall be treated as First Lien Priority Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, and First Lien Agent under the First Lien Debt Loan Documents effecting such Refinancing shall be First Lien Agent for all purposes of this Agreement. First Lien Agent under such First Lien Debt Loan Documents shall agree (in a writing addressed to Second Lien Collateral Agent for the benefit of itself and the Second Lien ClaimholdersCreditors) to be bound by the terms of this Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement (Interface Security Systems, L.L.C.), Intercreditor Agreement (Interface Security Systems Holdings Inc)

When Discharge of First Lien Priority Obligations Deemed to Not Have Occurred. If Borrowers enter Borrower enters into any Refinancing of the First Lien Priority Obligations, then a Discharge of First Lien Priority Obligations shall be deemed not to have occurred for all purposes of this Agreement, and the obligations under such Refinancing of such First Lien Priority Obligations shall be treated as First Lien Priority Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, and First Lien Agent under the First Lien Debt Loan Documents effecting such Refinancing shall be First Lien Agent for all purposes of this Agreement. Upon Second Lien Trustee’s receipt of a notice stating that a Grantor has entered into a new First Lien Loan Document and identifying the new First Lien Agent under such First Lien Debt Documents shall agree (in a writing addressed to Second Lien Agent for the benefit of itself and the Second Lien Claimholders) to be bound by the terms of this Agreement.New Agent),

Appears in 1 contract

Samples: Intercreditor Agreement (Saratoga Resources Inc /Tx)

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When Discharge of First Lien Priority Obligations Deemed to Not Have Occurred. If Borrowers enter Borrower enters into any Refinancing of the First Lien Priority Obligations, then a Discharge of First Lien Priority Obligations shall be deemed not to have occurred for all purposes of this Agreement, and the obligations under such Refinancing of such First Lien Priority Obligations shall be treated as First Lien Priority Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, and First Lien Agent Lender under the First Lien Debt Loan Documents effecting such Refinancing shall be First Lien Agent Lender for all purposes of this Agreement. First Lien Agent Lender under such First Lien Debt Loan Documents shall agree (in a writing addressed to Second Lien Agent Trustee for the benefit of itself and the Second Lien Claimholders) to be bound by the terms of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Platinum Energy Solutions, Inc.)

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