EX-4.4 9 d795918dex44.htm SECOND LIEN COLLATERAL AGREEMENT EXECUTION VERSION SECOND LIEN COLLATERAL AGREEMENT dated and effective as of October 24, 2014 among MOMENTIVE PERFORMANCE MATERIALS INC., as Issuer each Subsidiary Guarantor party hereto and...Second Lien Collateral Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionNotwithstanding anything herein to the contrary, (i) the liens and security interests granted to the Collateral Agent pursuant to this Agreement are expressly subject and subordinate to the liens and security interests granted to (a) The Bank of New York Mellon Trust Company, N.A., as collateral agent (and its permitted successors) pursuant to the First Lien Collateral Agreement dated as of October 24, 2014 (as amended, restated, supplemented or otherwise modified from time to time), by and among Momentive Performance Materials Inc., The Bank of New York Mellon Trust Company, N.A., as collateral agent and the other parties party thereto, entered into in connection with the Indenture dated as of October 24, 2014 relating to the 3.88% First-Priority Senior Secured Notes due 2021, or (b) any agent or trustee for any other Senior Lenders (as defined in the Intercreditor Agreement referred to below), pursuant to, and (ii) the exercise of any right or remedy by the Collateral Agent hereunder
SECOND 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 AgentSecond Lien Collateral Agreement • October 28th, 2014 • Momentive Performance Materials Inc. • Industrial organic chemicals • New York
Contract Type FiledOctober 28th, 2014 Company Industry Jurisdictionrights and obligations of a Secured Party thereunder and bound by all the provisions thereof as fully as if it had been a Secured Party on the effective date of the Collateral Agreement.