FIRST LIEN INTERCREDITOR AGREEMENT among PAETEC HOLDING CORP., the other Grantors party hereto, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent for the First Lien Secured Parties, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Authorized...First Lien Intercreditor Agreement • June 29th, 2009 • PAETEC Holding Corp. • Telephone communications (no radiotelephone) • New York
Contract Type FiledJune 29th, 2009 Company Industry JurisdictionFIRST LIEN INTERCREDITOR AGREEMENT, dated as of June 29, 2009 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among PAETEC HOLDING CORP., a Delaware corporation (the “Company”), the other Grantors (as defined below) from time to time party hereto, DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral agent for the First Lien Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Collateral Agent”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as Authorized Representative (as defined below) for the Credit Agreement Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Administrative Agent”), THE BANK OF NEW YORK MELLON, not in its individual capacity, but solely as Authorized Representative for the Initial Additional First Lien Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Initia
FIRST LIEN INTERCREDITOR AGREEMENT dated as of April 22, 2009 among BANK OF AMERICA, N.A., as Collateral Agent, BANK OF AMERICA, N.A., as Authorized Representative under the Credit Agreement, LAW DEBENTURE TRUST COMPANY OF NEW YORK, as the Initial...First Lien Intercreditor Agreement • April 28th, 2009 • Hca Inc/Tn • Services-general medical & surgical hospitals, nec • New York
Contract Type FiledApril 28th, 2009 Company Industry JurisdictionNotwithstanding anything herein to the contrary, any liens and security interests granted to the Collateral Agent pursuant to this First Lien Intercreditor Agreement and the exercise of any right or remedy by the Collateral Agent hereunder are subject to the limitations and provisions of the Additional Receivables Intercreditor Agreement, dated as of April 22, 2009 (as amended, restated, supplemented or otherwise modified from time to time, the “Additional Receivables Intercreditor Agreement”), among Bank of America, N.A., as ABL collateral agent, Bank of America, N.A., as new first lien collateral agent, and certain other persons party or that may become party thereto from time to time, and consented to by HCA Inc. and the grantors identified therein. In the event of any conflict between the terms of the Additional Receivables Intercreditor Agreement and the terms of this First Lien Intercreditor Agreement, the terms of the Additional Receivables Intercreditor Agreement shall govern a