Common Contracts
2 similar Intercreditor Agreement contracts by Great Atlantic & Pacific Tea Co Inc
INTERCREDITOR AGREEMENTIntercreditor Agreement • December 12th, 2010 • New York
THIS INTERCREDITOR AGREEMENT (this “Intercreditor Agreement”), dated as of August 4, 2009, is by and between (i) BANK OF AMERICA, N.A., as collateral agent (in such capacity, together with its successors, the “Revolving Credit Agent”), for the lenders from time to time party to the Revolving Credit Agreement (as hereinafter defined) (such lenders collectively, with the Revolving Credit Agent, the “Revolving Lenders”) and the other Revolving Secured Parties (as hereafter defined), and (ii) Wilmington Trust Company, as Note Collateral Agent (in such capacity, together with its successors, the “Note Collateral Agent”), under an Indenture dated as of August 4, 2009 with respect to the Secured HY Notes (as such term is defined below) issued by the Company in the face amount of $225,000,000. The Revolving Lenders and the Secured HY Note Holders (defined below) are sometimes individually referred to herein as a “Lender” and collectively as the “Lenders”, and the Revolving Credit Agent and Not
INTERCREDITOR AGREEMENTIntercreditor Agreement • August 5th, 2009 • Great Atlantic & Pacific Tea Co Inc • Retail-grocery stores • New York
THIS INTERCREDITOR AGREEMENT (this “Intercreditor Agreement”), dated as of August 4, 2009, is by and between (i) BANK OF AMERICA, N.A., as collateral agent (in such capacity, together with its successors, the “Revolving Credit Agent”), for the lenders from time to time party to the Revolving Credit Agreement (as hereinafter defined) (such lenders collectively, with the Revolving Credit Agent, the “Revolving Lenders”) and the other Revolving Secured Parties (as hereafter defined), and (ii) Wilmington Trust Company, as Note Collateral Agent (in such capacity, together with its successors, the “Note Collateral Agent”), under an Indenture dated as of August 4, 2009 with respect to the Secured HY Notes (as such term is defined below) issued by the Company in the face amount of $225,000,000. The Revolving Lenders and the Secured HY Note Holders (defined below) are sometimes individually referred to herein as a “Lender” and collectively as the “Lenders”, and the Revolving Credit Agent and Not
