Common Contracts

2 similar Wells Fargo Intercreditor Agreement contracts by Williams Controls Inc

QuickLinks -- Click here to rapidly navigate through this document THIS DEBENTURE (OR ITS PREDECESSOR) WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "1933 ACT") AND...
Wells Fargo Intercreditor Agreement • June 11th, 2002 • Williams Controls Inc • Motor vehicle parts & accessories • New York

THIS DEBENTURE, AND PAYMENT AND ENFORCEMENT HEREOF, IS SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN (I) INTERCREDITOR AGREEMENT DATED AS OF FEBRUARY , 2001 (THE "WELLS FARGO INTERCREDITOR AGREEMENT") BETWEEN WELLS FARGO BANK, NATIONAL ASSOCIATION ("WELLS FARGO") AND THE HOLDER HEREOF AND ACKNOWLEDGED BY SUCH HOLDER, AS SUCH WELLS FARGO INTERCREDITOR AGREEMENT MAY BE AMENDED FROM TIME TO TIME, AND (II) INTERCREDITOR AGREEMENT DATED AS OF FEBRUARY , 2001 (THE "INVESTOR INTERCREDITOR AGREEMENT"), BY AND AMONG TBDW HOLDINGS, INC., AS COLLATERAL AGENT AND ALL OF THE HOLDERS OF ALL OF THE DEBENTURES ISSUED BY THE COMPANY PURSUANT TO THE TERMS OF THAT CERTAIN PRIVATE PLACEMENT MEMORANDUM DATED AS OF FEBRUARY 9, 2001, AS THE SAME MAY BE AMENDED FROM TIME TO TIME (THE "MEMORANDUM").

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THIS DEBENTURE (OR ITS PREDECESSOR) WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "1933 ACT") AND APPLICABLE STATE SECURITIES LAWS AND MAY NOT BE SOLD OR OTHERWISE...
Wells Fargo Intercreditor Agreement • June 11th, 2002 • Williams Controls Inc • Motor vehicle parts & accessories • New York

THIS DEBENTURE, AND PAYMENT AND ENFORCEMENT HEREOF, IS SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN (I) INTERCREDITOR AGREEMENT DATED AS OF FEBRUARY , 2001 (THE "WELLS FARGO INTERCREDITOR AGREEMENT") BETWEEN WELLS FARGO BANK, NATIONAL ASSOCIATION ("WELLS FARGO") AND THE HOLDER HEREOF AND ACKNOWLEDGED BY SUCH HOLDER, AS SUCH WELLS FARGO INTERCREDITOR AGREEMENT MAY BE AMENDED FROM TIME TO TIME, AND (II) INTERCREDITOR AGREEMENT DATED AS OF FEBRUARY , 2001 (THE "INVESTOR INTERCREDITOR AGREEMENT"), BY AND AMONG TBDW HOLDINGS, INC., AS COLLATERAL AGENT AND ALL OF THE HOLDERS OF ALL OF THE DEBENTURES ISSUED BY THE COMPANY PURSUANT TO THE TERMS OF THAT CERTAIN PRIVATE PLACEMENT MEMORANDUM DATED AS OF FEBRUARY 9, 2001, AS THE SAME MAY BE AMENDED FROM TIME TO TIME (THE "MEMORANDUM").

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