EX-4.3 8 d795918dex43.htm FIRST LIEN COLLATERAL AGREEMENT EXECUTION VERSION FIRST LIEN COLLATERAL AGREEMENT dated and effective as of October 24, 2014 among MOMENTIVE PERFORMANCE MATERIALS INC., as Issuer, each Subsidiary Guarantor party hereto and...First Lien Collateral Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionThis FIRST LIEN COLLATERAL AGREEMENT, dated and effective as of October 24, 2014 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is among MOMENTIVE PERFORMANCE MATERIALS INC., a Delaware corporation (the “Issuer”), each Subsidiary Guarantor of the Issuer party hereto and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as collateral agent (in such capacity, together with its successors and assigns in such capacity, the “Collateral Agent”) for the Secured Parties.
FIRST LIEN COLLATERAL AGREEMENT dated and effective as of October 24, 2014 among MOMENTIVE PERFORMANCE MATERIALS INC., as Issuer, each Subsidiary Guarantor party hereto and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Collateral AgentFirst Lien Collateral Agreement • October 28th, 2014 • Momentive Performance Materials Inc. • Industrial organic chemicals • New York
Contract Type FiledOctober 28th, 2014 Company Industry JurisdictionNotwithstanding anything herein to the contrary, (i) the liens and security interests granted to the Collateral Agent on the ABL Priority Collateral pursuant to this Agreement are expressly subject and subordinate to the liens and security interests on the ABL Priority Collateral granted to the ABL Facility Collateral Agent and (ii) the exercise of any right or remedy by the Collateral Agent hereunder is subject to the limitations and provisions of (x) the ABL Intercreditor Agreement and (y) any first-lien intercreditor agreement that may be entered into after the date hereof with respect to different Series of Obligations. In the event of any conflict between the terms of the ABL Intercreditor Agreement or any such first-lien intercreditor agreement and the terms of this Agreement, the terms of the ABL Intercreditor Agreement or any such first-lien intercreditor agreement, as applicable, shall govern.