AMENDED AND RESTATED INTERCREDITOR AGREEMENT dated as of August 16, 2012, among NEXTWAVE WIRELESS LLC as Issuer and Guarantor NEXTWAVE WIRELESS INC. as Issuer and Guarantor NEXTWAVE HOLDCO LLC as Issuer and Guarantor THE GUARANTORS from time to time...Intercreditor Agreement • August 23rd, 2012 • NextWave Wireless Inc. • Radio & tv broadcasting & communications equipment • New York
Contract Type FiledAugust 23rd, 2012 Company Industry JurisdictionThis AMENDED AND RESTATED INTERCREDITOR AGREEMENT dated as of August 16, 2012 (this “Agreement”), among NEXTWAVE WIRELESS LLC, a Delaware limited liability company (“Company”), NEXTWAVE WIRELESS INC., a Delaware corporation (“Parent”), NextWave Holdco LLC, a Delaware limited liability company (“Spinco”), their respective subsidiaries party hereto, the First Lien Note Holders (as defined below), WILMINGTON TRUST, NATIONAL ASSOCIATION (“Wilmington”), as collateral agent for the First Lien Note Holders (in such capacity, the “First Lien Collateral Agent”), the Second Lien Note Holders (as defined below), Wilmington, as collateral agent for the Second Lien Note Holders (in such capacity, the “Second Lien Collateral Agent”), the Parent Third Lien Note Holders (as defined below), the Spinco Third Lien Note Holders (as defined below), and Wilmington, as collateral agent for the Parent Third Lien Note Holders and the Spinco Third Lien Note Holders (in such capacity, the “Third Lien Collateral