ADDITIONAL RECEIVABLES INTERCREDITOR AGREEMENT by and between BANK OF AMERICA, N.A., as ABL Collateral Agent, and BANK OF AMERICA, N.A., as New First Lien Collateral Agent Dated as of April 22, 2009Additional Receivables Intercreditor Agreement • April 28th, 2009 • Hca Inc/Tn • Services-general medical & surgical hospitals, nec • New York
THIS ADDITIONAL RECEIVABLES INTERCREDITOR AGREEMENT (as amended, supplemented, restated or otherwise modified from time to time pursuant to the terms hereof, this “Agreement”) is entered into as of April 22, 2009 between BANK OF AMERICA, N.A. (“Bank of America”), in its capacity as collateral agent for the ABL Obligations (as defined below), and Bank of America, in its capacity as collateral agent for the New First Lien Obligations (as defined below).
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
Notwithstanding 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
ADDITIONAL GENERAL INTERCREDITOR AGREEMENTAdditional General Intercreditor Agreement • April 28th, 2009 • Hca Inc/Tn • Services-general medical & surgical hospitals, nec • New York
ADDITIONAL GENERAL INTERCREDITOR AGREEMENT (this “Agreement”), dated as of April 22, 2009, by and among BANK OF AMERICA, N.A., in its capacity as First Lien Collateral Agent, including its successors and assigns from time to time, THE BANK OF NEW YORK MELLON, in its capacity as Junior Lien Collateral Agent and in its capacity as 2006 Second Lien Trustee, including its successors and assigns from time to time, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., in its capacity as 2009 Second Lien Trustee, including its successors and assigns from time to time.
