Common Contracts
9 similar Intercreditor Agreement contracts by BrightView Holdings, Inc., National Vision Holdings, Inc., 99 Cents Only Stores LLC, others
EX-10.21 16 d541813dex1021.htm EX-10.21 Execution Version FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT among GARDEN ACQUISITION HOLDINGS, INC., GARDEN MERGER SUB, LLC, and the other Grantors party hereto, MORGAN STANLEY SENIOR FUNDING, INC., as...Intercreditor Agreement • May 5th, 2020 • New York
FIRS LIEN/SECOND LIEN INTERCREDITOR AGREEMENT, dated as of December 18, 2013 (this “Agreement”), among GARDEN ACQUISITION HOLDINGS, INC., a Delaware corporation (“Holdings”), GARDEN MERGER SUB, LLC, a Delaware limited liabiity company (the “Initial Borrower”), THE BRICKMAN GROUP LTD. LLC, a Delaware limited liability company (the “Company”), the other Grantors (as defined below) party hereto, MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”), as Representative for the Credit Agreement Secured Parties (in such capacity, the “Administrative Agent”), CREDIT SUISSE AG, as Representative for the Initial Second Priority Debt Parties (in such capacity, the “Initial Second Priority Representative”), and each additional Second Priority Representative and Senior Representative that from time to time becomes a party hereto pursuant to Section 8.09.
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT among GARDEN ACQUISITION HOLDINGS, INC., GARDEN MERGER SUB, LLC, and the other Grantors party hereto, MORGAN STANLEY SENIOR FUNDING, INC., as Senior Representative for the Credit Agreement Secured...Intercreditor Agreement • May 30th, 2018 • BrightView Holdings, Inc. • Agricultural services • New York
FIRS LIEN/SECOND LIEN INTERCREDITOR AGREEMENT, dated as of December 18, 2013 (this “Agreement”), among GARDEN ACQUISITION HOLDINGS, INC., a Delaware corporation (“Holdings”), GARDEN MERGER SUB, LLC, a Delaware limited liabiity company (the “Initial Borrower”), THE BRICKMAN GROUP LTD. LLC, a Delaware limited liability company (the “Company”), the other Grantors (as defined below) party hereto, MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”), as Representative for the Credit Agreement Secured Parties (in such capacity, the “Administrative Agent”), CREDIT SUISSE AG, as Representative for the Initial Second Priority Debt Parties (in such capacity, the “Initial Second Priority Representative”), and each additional Second Priority Representative and Senior Representative that from time to time becomes a party hereto pursuant to Section 8.09.
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT among GARDEN ACQUISITION HOLDINGS, INC., GARDEN MERGER SUB, LLC, and the other Grantors party hereto, MORGAN STANLEY SENIOR FUNDING, INC., as Senior Representative for the Credit Agreement Secured...Intercreditor Agreement • April 2nd, 2018 • BrightView Holdings, Inc. • Agricultural services • New York
FIRS LIEN/SECOND LIEN INTERCREDITOR AGREEMENT, dated as of December 18, 2013 (this “Agreement”), among GARDEN ACQUISITION HOLDINGS, INC., a Delaware corporation (“Holdings”), GARDEN MERGER SUB, LLC, a Delaware limited liabiity company (the “Initial Borrower”), THE BRICKMAN GROUP LTD. LLC, a Delaware limited liability company (the “Company”), the other Grantors (as defined below) party hereto, MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”), as Representative for the Credit Agreement Secured Parties (in such capacity, the “Administrative Agent”), CREDIT SUISSE AG, as Representative for the Initial Second Priority Debt Parties (in such capacity, the “Initial Second Priority Representative”), and each additional Second Priority Representative and Senior Representative that from time to time becomes a party hereto pursuant to Section 8.09.
TERM LOAN INTERCREDITOR AGREEMENTIntercreditor Agreement • November 7th, 2017 • 99 Cents Only Stores LLC • Retail-variety stores • New York
TERM LOAN INTERCREDITOR AGREEMENT, dated as of November 7, 2017 (this “Agreement”), among NUMBER HOLDINGS, INC. (“Holdings”), 99 CENTS ONLY STORES LLC (the “Borrower”), the other Grantors (as defined below) party hereto, ROYAL BANK OF CANADA (“Royal Bank”), as Representative for the Credit Agreement Secured Parties (in such capacity, the “Administrative Agent”), WILMINGTON TRUST, NATIONAL ASSOCIATION, as Representative for the Initial Second Priority Debt Parties (in such capacity, the “Initial Second Priority Representative”), and each additional Second Priority Representative and Senior Representative that from time to time becomes a party hereto pursuant to Section 8.09.
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT among NAUTILUS ACQUISITION HOLDINGS, INC., NAUTILUS MERGER SUB, LLC, and the other Grantors party hereto, GOLDMAN SACHS BANK USA, as Senior Representative for the Credit Agreement Secured Parties, MORGAN...Intercreditor Agreement • September 29th, 2017 • National Vision Holdings, Inc. • Ophthalmic goods • New York
WHEREAS, pursuant to that certain Agreement and Plan of Merger, dated as of February 6, 2014 (the “Acquisition Agreement”), by and among Holdings, Initial Borrower, the Company and BSR LLC, Holdings will acquire the Company through an acquisition transaction pursuant to the Acquisition Agreement whereby Initial Borrower will merge (the “Merger”) with and into the Company, with the Company surviving the Merger;
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT among NAUTILUS ACQUISITION HOLDINGS, INC., NAUTILUS MERGER SUB, LLC, and the other Grantors party hereto, GOLDMAN SACHS BANK USA, as Senior Representative for the Credit Agreement Secured Parties, MORGAN...Intercreditor Agreement • July 10th, 2017 • National Vision Holdings, Inc. • Ophthalmic goods • New York
WHEREAS, pursuant to that certain Agreement and Plan of Merger, dated as of February 6, 2014 (the “Acquisition Agreement”), by and among Holdings, Initial Borrower, the Company and BSR LLC, Holdings will acquire the Company through an acquisition transaction pursuant to the Acquisition Agreement whereby Initial Borrower will merge (the “Merger”) with and into the Company, with the Company surviving the Merger;
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT amongIntercreditor Agreement • October 17th, 2016 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT dated as of October 17, 2016 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), among CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company (“Cloud Peak Energy”), CLOUD PEAK ENERGY FINANCE CORP., a Delaware corporation (“Cloud Peak Finance” and, together with Cloud Peak Energy, the “Borrowers”), the other Grantors (as defined below) party hereto, PNC BANK, NATIONAL ASSOCIATION, as Representative for the First Lien Credit Agreement Secured Parties (in such capacity and together with its successors in such capacity, the “First Lien Collateral Agent”), WILMINGTON TRUST, NATIONAL ASSOCIATION, solely in its capacity as collateral agent under the Second Lien Indenture, as Representative for the Second Lien Indenture Secured Parties (in such capacity and together with its successors in such capacity, the “Second Lien Collateral Agent”), and each additional Second Priority Representative and Senio
INTERCREDITOR AGREEMENT among ALLIANCE ONE INTERNATIONAL, INC., the other Grantors party hereto, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Senior Representative for the Credit Agreement Secured Parties, LAW DEBENTURE TRUST COMPANY OF NEW YORK, as the...Intercreditor Agreement • November 13th, 2013 • Alliance One International, Inc. • Wholesale-farm product raw materials • New York
INTERCREDITOR AGREEMENT dated as of August 1, 2013 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among ALLIANCE ONE INTERNATIONAL, INC., a Virginia corporation (the “Company”), the other Grantors (as defined below) from time to time party hereto, DEUTSCHE BANK TRUST COMPANY AMERICAS (“Deutsche Bank”), as Representative for the Credit Agreement Secured Parties (as defined below) (in such capacity and together with its successors and assigns, the “Administrative Agent”), LAW DEBENTURE TRUST COMPANY OF NEW YORK, as Representative for the Initial Second Priority Debt Parties (in such capacity and together with its successors and assigns in such capacity, the “Initial Second Priority Representative”), and each additional Second Priority Representative and Senior Representative that from time to time becomes a party hereto pursuant to Section 8.09.
AMENDED AND RESTATED INTERCREDITOR AGREEMENT among WP EXPEDITION L.P., EIG INVESTORS CORP., the other Grantors party hereto, CREDIT SUISSE AG, as Credit Agreement Collateral Agent for the Credit Agreement Secured Parties, CREDIT SUISSE AG, as...Intercreditor Agreement • September 13th, 2013 • Endurance International Group Holdings, Inc. • Services-prepackaged software • New York
AMENDED AND RESTATED INTERCREDITOR AGREEMENT dated as of November 9, 2012 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among WP EXPEDITION HOLDINGS L.P., a Delaware limited partnership (“Holdings”), EIG INVESTORS CORP., a Delaware corporation (the “Company”), the other Grantors (as defined below) from time to time party hereto, CREDIT SUISSE AG (“Credit Suisse”), as Representative for the Credit Agreement Secured Parties (in such capacity, the “Administrative Agent”), CREDIT SUISSE AG, as Representative for the Initial Second Priority Debt Parties (in such capacity and together with its successors in such capacity, the “Initial Second Priority Representative”), and each additional Second Priority Representative and Senior Representative that from time to time becomes a party hereto pursuant to Section 8.09.
