When Discharge of First Lien Priority Obligations Deemed to Not Have Occurred. If 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 Loan Documents effecting such Refinancing shall be First Lien Agent for all purposes of this Agreement. First Lien Agent under such First Lien Loan Documents shall agree (in a writing addressed to Collateral Agent for the benefit of itself and the Second Lien Creditors) 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 the Grantors 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 Loan Debt Documents effecting such Refinancing shall be First Lien Agent for all purposes of this Agreement. First Lien Agent under such First Lien Loan Debt Documents shall agree (in a writing addressed to Collateral Second Lien Agent for the benefit of itself and the Second Lien CreditorsClaimholders) to be bound by the terms of this Agreement.
Appears in 2 contracts
Samples: Intercreditor Agreement (Hutchinson Technology Inc), Intercreditor Agreement (Hutchinson Technology Inc)
When Discharge of First Lien Priority Obligations Deemed to Not Have Occurred. If the Grantors 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 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 Loan Documents shall agree (in a writing addressed to Collateral Agent Second Lien Trustee for the benefit of itself and the Second Lien CreditorsClaimholders) to be bound by the terms of this Agreement.
Appears in 1 contract
Samples: Intercreditor Agreement (Platinum Energy Solutions, Inc.)