Common Contracts
11 similar Intercreditor Agreement contracts by Modtech Holdings Inc, AMERICAN EAGLE ENERGY Corp, Butler International Inc /Md/, others
INTERCREDITOR AGREEMENT Dated as of September 18, 2023 among ATW Special situations iI llc, as First Lien Collateral Agent, and ATW Special situations i llc, as Second Lien Collateral Agent, and acknowledged and agreed to by NAUTICUS ROBOTICS, INC.,...Intercreditor Agreement • September 21st, 2023 • Nauticus Robotics, Inc. • General industrial machinery & equipment, nec • New York
This INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is dated as of September 18, 2023, and entered into by and among ATW Special Situations II LLC, as collateral agent for the holders of the First Lien Obligations (as defined below) (in such capacity and together with its successors from time to time, the “First Lien Collateral Agent”), and ATW Special Situations I LLC, as agent for the holders of the Second Lien Obligations (as defined below) (in such capacity and together with its successors from time to time, the “Second Lien Collateral Agent”), and acknowledged and agreed to by NAUTICUS ROBOTICS, INC., a Delaware corporation (the “Company”), and the other Grantors (as defined below) party hereto from time to time. Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
INTERCREDITOR AGREEMENT among AMERICAN EAGLE ENERGY CORPORATION as the Company, SUNTRUST BANK, as the First Lien Collateral Agent, U.S. BANK NATIONAL ASSOCIATION, as the Second Lien Collateral Agent, and SUNTRUST BANK, as the Control Agent Dated as of...Intercreditor Agreement • November 6th, 2014 • AMERICAN EAGLE ENERGY Corp • Metal mining • New York
This Intercreditor Agreement, is dated as of August 27, 2014, and entered into by and among SUNTRUST BANK, in its capacity as administrative agent for the First Lien Obligations (as defined below), including its successors and assigns from time to time (the “First Lien Collateral Agent”), U.S. BANK NATIONAL ASSOCIATION, in its capacity as collateral agent for the Second Lien Obligations under the Second Lien Indenture (as defined below), including its successors and assigns from time to time (the “Second Lien Collateral Agent”) and SUNTRUST BANK, in its capacity as Control Agent (defined below) for the First Lien Collateral Agent and the Second Lien Collateral Agent, including its successors and assigns from time to time. The terms and conditions of this Intercreditor Agreement have been reviewed by and acknowledged by American Eagle Energy Corporation, a Nevada corporation (the “Company”), and by the domestic subsidiaries of the Company who are party to the First Lien Credit Agreement
INTERCREDITOR AGREEMENT dated as of July 1, 2013 among KCG HOLDINGS, INC., as Company JEFFERIES FINANCE LLC, as First Lien Collateral Agent and THE BANK OF NEW YORK MELLON, as Second Lien Collateral AgentIntercreditor Agreement • July 1st, 2013 • KCG Holdings, Inc. • Security brokers, dealers & flotation companies • New York
This INTERCREDITOR AGREEMENT (this “Agreement”), is dated as of July 1, 2013, and entered into by and among Jefferies Finance LLC, in its capacity as collateral agent for the holders of the First Lien Obligations (as defined below), including its successors and assigns from time to time (in such capacity, the “First Lien Collateral Agent”) and The Bank of New York Mellon (“BNYM”), in its capacity as collateral agent for the holders of the Second Lien Obligations (as defined below), including its successors and assigns from time to time (in such capacity, the “Second Lien Collateral Agent”) and acknowledged and agreed to by KCG Holdings, Inc. (the “Company”) and the other Grantors (as defined below). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • February 19th, 2013 • Stanadyne Holdings, Inc. • Motor vehicle parts & accessories • New York
This INTERCREDITOR AGREEMENT, dated as of February 13, 2013 (as amended, amended and restated, renewed, extended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), is entered into by and among Wells Fargo Capital Finance, LLC, in its capacity as administrative agent for the First Lien Claimholders (including its successors and assigns from time to time, the “First Lien Collateral Agent”), and Jefferies Finance LLC, in its capacity as collateral agent (including its successors and assigns from time to time, the “Second Lien Collateral Agent”) for the Second Lien Claimholders. As described in more detail in Section 8.10 hereof, this Agreement is intended to be binding on all Claimholders, including the First Lien Collateral Agent and the Second Lien Collateral Agent. Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • August 31st, 2011 • PRETIUM CANADA Co • Miscellaneous plastics products • New York
This INTERCREDITOR AGREEMENT (“Agreement”), is dated as of March 31, 2011, and entered into by and among JEFFERIES FINANCE LLC, in its capacity as agent under the First Lien Credit Agreement (as defined below), including its successors and assigns from time to time (the “First Lien Collateral Agent”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (“BNYM”) the Trustee (as defined in the Indenture) and BNY TRUST COMPANY OF CANADA (“BNY Canada”), in their capacity as collateral agent for the Noteholders (as defined below), including their successors and assigns from time to time (collectively the “Second Lien Collateral Agent”) and acknowledged and agreed to by PRETIUM PACKAGING, L.L.C. (the “Company”). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • September 4th, 2007 • Butler International Inc /Md/ • Services-help supply services • New York
This INTERCREDITOR AGREEMENT (“Agreement”), is dated as of August 29, 2007, and entered into between GENERAL ELECTRIC CAPITAL CORPORATION (“GECC”), in its capacity as administrative agent for the First Lien Obligations (as defined below), including its successors and assigns from time to time and the collateral agent under any amendment, restatement, modification or Refinancing of the First Lien Credit Agreement as defined below (the “First Lien Collateral Agent”), and MONROE CAPITAL MANAGEMENT ADVISORS LLC (“Monroe”) in its capacity as administrative agent for the Second Lien Obligations (as defined below), including its successors and assigns from time to time (the “Second Lien Collateral Agent”) and acknowledged and agreed by Butler Service Group, Inc., on behalf of itself and its Subsidiaries (as defined in the First Lien Credit Agreement). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • March 16th, 2007 • Primus Telecommunications Group Inc • Telephone communications (no radiotelephone) • New York
This INTERCREDITOR AGREEMENT is dated as of February 26, 2007, and entered into by and among Primus Telecommunications Holding, Inc., a Delaware corporation (the “Company”), Primus Telecommunications Group, Incorporated (the “Parent”), Primus Telecommunications IHC, Inc., a Delaware corporation (the “Notes Issuer”), Lehman Commercial Paper Inc. (“LCPI”), in its capacity as administrative agent for the First Lien Obligations (as defined below), including its permitted successors and assigns from time to time (the “First Lien Collateral Agent”), and U.S. Bank National Association, in its capacity as collateral agent for the Second Lien Obligations (as defined below), including its permitted successors and assigns from time to time (the “Second Lien Collateral Agent”). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • April 4th, 2006 • Modtech Holdings Inc • Prefabricated wood bldgs & components • New York
This INTERCREDITOR AGREEMENT (“Agreement”), is dated as of March __, 2006, and entered into by and among MODTECH HOLDINGS, INC. (the “Company”), BANK OF AMERICA, N.A. (“Bank of America”), in its capacity as collateral agent and representative for the First Lien Obligations (as defined below) (in such capacity, together with any replacement or successor collateral agent and representative the “First Lien Collateral Agent”), and AMPHORA LIMITED, an exempt company organized under the laws of the Cayman Islands (“Amphora”), in its capacity as collateral agent and representative for the Second Lien Obligations (as defined below), (in such capacity, together with any replacement or successor collateral agent and representative the “Second Lien Collateral Agent”). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • December 8th, 2005 • Day International Group Inc • Fabricated rubber products, nec • New York
This INTERCREDITOR AGREEMENT (“Agreement”), is dated as of December 5, 2005, and entered into by and among Day International, Inc. (the “Company”), Goldman Sachs Credit Partners L.P. (“GSCP”), in its capacity as collateral agent for the First Lien Obligations (as defined below), including its successors and assigns from time to time (the “First Lien Collateral Agent”), and The Bank of New York (“BNY”), in its capacity as collateral agent for the Second Lien Obligations (as defined below), including its successors and assigns from time to time (the “Second Lien Collateral Agent”). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • June 16th, 2005 • Spanish Broadcasting System Inc • Radio broadcasting stations • New York
This INTERCREDITOR AGREEMENT is dated as of June 10, 2005, and entered into by and among Spanish Broadcasting System, Inc., a Delaware corporation (the “Company”), Lehman Commercial Paper Inc. (“LCPI”), in its capacity as collateral agent for the First Lien Obligations (as defined below), including its permitted successors and assigns from time to time (the “First Lien Collateral Agent”), and LCPI, in its capacity as collateral agent for the Second Lien Obligations (as defined below), including its permitted successors and assigns from time to time (the “Second Lien Collateral Agent”). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • January 3rd, 2005 • Modtech Holdings Inc • Prefabricated wood bldgs & components • New York
This INTERCREDITOR AGREEMENT (“Agreement”), is dated as of December 31, 2004, and entered into by and among MODTECH HOLDINGS, INC. (the “Company”), WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”), in its capacity as collateral agent and representative for the First Lien Obligations (as defined below) (in such capacity, together with any replacement or successor collateral agent and representative the “First Lien Collateral Agent”), and AMULET LIMITED, an exempt company organized under the laws of the Cayman Islands (“Amulet”), in its capacity as collateral agent and representative for the Second Lien Obligations (as defined below), (in such capacity, together with any replacement or successor collateral agent and representative the “Second Lien Collateral Agent”). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
