Standard Contracts
ABL INTERCREDITOR AGREEMENTAbl Intercreditor Agreement • July 2nd, 2019 • Hexion Inc. • Plastic materials, synth resins & nonvulcan elastomers • New York
Contract Type FiledJuly 2nd, 2019 Company Industry JurisdictionThis ABL INTERCREDITOR AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of July 1, 2019, is among JPMORGAN CHASE BANK, N.A., as administrative agent and collateral agent for the ABL Facility Secured Parties referred to herein (in such capacity, together with its successors or co-agents in substantially the same capacity as may from time to time be appointed, the “ABL Facility Collateral Agent”), JPMORGAN CHASE BANK, N.A., as Applicable First-Lien Agent and as administrative agent and collateral agent for the First-Lien Secured Parties referred to herein (in such capacity, together with its successors and co-agents in substantially the same capacity as may from time to time be appointed, the “First-Lien Collateral Agent”), HEXION INC., a New Jersey corporation (the “U.S. Borrower”), Holdings (as defined below), HEXION INTERNATIONAL COӦPERATIEF U.A., a cooperative organized under the laws of the Netherlands (the “Dutch Ter
ABL INTERCREDITOR AGREEMENT Dated as of August 29, 2017 among PNC BANK, NATIONAL ASSOCIATION, as ABL Collateral Agent and BNP PARIBAS, as Term Loan Collateral Agent and acknowledged and agreed to by GREEN PLAINS TRADE GROUP LLC, as the ABL Borrower...Abl Intercreditor Agreement • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals
Contract Type FiledAugust 29th, 2017 Company IndustryThis ABL INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), is dated as of August 29, 2017, and entered into by and among PNC BANK, NATIONAL ASSOCIATION, as agent for the holders of the ABL Obligations (as defined below) (in such capacity and together with its successors and assigns from time to time, the “ABL Collateral Agent”) and BNP PARIBAS, as collateral agent for the holders of the Term Loan Obligations (as defined below) (in such capacity and together with its successors and assigns from time to time, the “Term Loan Collateral Agent”) and acknowledged and agreed to by GREEN PLAINS TRADE GROUP LLC, a Delaware limited liability company (the “ABL Borrower”), GREEN PLAINS COMMODITY MANAGEMENT LLC (“GP Commodity”) and the other ABL Grantors (as defined below). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
SECOND AMENDED AND RESTATED ABL INTERCREDITOR AGREEMENT dated as of February 4, 2022, among JPMORGAN CHASE BANK, N.A., as ABL Agent, CREDIT SUISSE AG, as Senior-Priority Collateral Agent, REGIONS BANK, as 2025 Secured Notes Trustee, REGIONS BANK, as...Abl Intercreditor Agreement • February 4th, 2022 • Community Health Systems Inc • Services-general medical & surgical hospitals, nec • New York
Contract Type FiledFebruary 4th, 2022 Company Industry JurisdictionTHIS SECOND AMENDED AND RESTATED ABL INTERCREDITOR AGREEMENT is entered into as of February 4, 2022, among JPMORGAN CHASE BANK, N.A., in its capacity as administrative agent and collateral agent (the “ABL Agent”; as hereinafter further defined) for the ABL Secured Parties (as defined below), CREDIT SUISSE AG, in its capacity as collateral agent (the “Senior-Priority Collateral Agent”; as hereinafter further defined) for the Senior-Priority Secured Parties (as defined below), REGIONS BANK, in its capacity as trustee under the 2025 Secured Notes Indenture (the “2025 Secured Notes Trustee”; as hereinafter further defined), REGIONS BANK, in its capacity as trustee under the 2026 Secured Notes Indenture (the “2026 Secured Notes Trustee”; as hereinafter further defined), REGIONS BANK, in its capacity as trustee under the March 2027 Secured Notes Indenture (the “March 2027 Secured Notes Trustee”; as hereinafter further defined), REGIONS BANK, in its capacity as trustee under the December 2027
EX-10.22 4 d598470dex1022.htm EX-10.22 EXECUTION VERSION ABL INTERCREDITOR AGREEMENT dated as of August 13, 2018, among BANK OF AMERICA, N.A., as ABL Agent, ROYAL BANK OF CANADA, as First Lien Term Loan Agent, FOUNDATION BUILDING MATERIALS HOLDING...Abl Intercreditor Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionTHIS IS THE “ABL INTERCREDITOR AGREEMENT” REFERRED TO IN THE SPECIFIED COLLATERAL DOCUMENTS, THE ABL CREDIT AGREEMENT, THE FIRST LIEN CREDIT AGREEMENT (EACH AS DEFINED HEREIN) AND THE OTHER SECURITY DOCUMENTS REFERRED TO IN SUCH CREDIT AGREEMENTS.
ABL INTERCREDITOR AGREEMENT dated as of August 30, 2013 among BMO HARRIS BANK N.A., as ABL Facility Agent, BARCLAYS BANK PLC, as First Lien/Second Lien Intercreditor Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Notes Agent, DS WATERS ENTERPRISES,...Abl Intercreditor Agreement • April 1st, 2014 • DS Services of America, Inc. • New York
Contract Type FiledApril 1st, 2014 Company JurisdictionABL INTERCREDITOR AGREEMENT (this “Agreement”) dated as of August 30, 2013, among BMO HARRIS BANK N.A., as collateral agent for the ABL Facility Secured Parties referred to herein (together with its successors and co-agents in substantially the same capacity as may from time to time be appointed, the “ABL Facility Agent”), BARCLAYS BANK PLC, as First Priority Collateral Agent and as First Lien/Second Lien Intercreditor Agent (each as defined below), WILMINGTON TRUST, NATIONAL ASSOCIATION, as Notes Agent (as defined below), DS WATERS ENTERPRISES, INC. (“Holdings”), CRESTVIEW DS MERGER SUB II, INC. (to be merged on the Closing Date with and into DS WATERS OF AMERICA, INC., a Delaware corporation (the “Company”)), the subsidiaries of the Company named herein and each Other First-Priority Representative and Other Second-Priority Representative from time to time party hereto.
ABL INTERCREDITOR AGREEMENT dated as of July 2, 2015, among JPMORGAN CHASE BANK, N.A., as ABL Agent, MORGAN STANLEY SENIOR FUNDING, INC., as Term Loan Agent, Each ADDITIONAL DEBT AGENT from time to time party hereto, ACADEMY, LTD., as the Borrower,...Abl Intercreditor Agreement • September 9th, 2020 • Academy Sports & Outdoors, Inc. • Retail-miscellaneous shopping goods stores • New York
Contract Type FiledSeptember 9th, 2020 Company Industry JurisdictionABL INTERCREDITOR AGREEMENT, dated as of July 2, 2015 (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), among JPMORGAN CHASE BANK, N.A., as agent for the ABL Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Original ABL Agent”), MORGAN STANLEY SENIOR FUNDING, INC., as administrative agent and collateral agent for the Term Loan Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Original Term Loan Agent”), NEW ACADEMY HOLDING COMPANY, LLC (“Holdings”), a Delaware limited liability company, ASSOCIATED INVESTORS L.L.C., a Texas limited liability company, ACADEMY MANAGING CO., L.L.C., a Texas limited liability company (together with Associated Investors L.L.C., the “Texas Intermediate Holdcos”), ACADEMY, LTD., a Texas limited partnership (the “Borrower”), and each of the Subsidiaries of the Borrower li
ABL INTERCREDITOR AGREEMENT dated as of August 23, 2019 amongAbl Intercreditor Agreement • August 23rd, 2019 • Clear Channel Outdoor Holdings, Inc. • Services-advertising • New York
Contract Type FiledAugust 23rd, 2019 Company Industry JurisdictionABL INTERCREDITOR AGREEMENT, dated as of August 23, 2019 (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), among DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent and collateral agent for the ABL Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Original ABL Agent”), DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent and collateral agent for the Cash Flow Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Original Cash Flow Agent”), U.S. BANK NATIONAL ASSOCIATION, as trustee and collateral agent for the Notes Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Original Notes Collateral Agent”), CLEAR CHANNEL OUTDOOR HOLDINGS, INC., a Delaware corporation (the “Parent Borrower”), and each of the Subsidiaries of the Parent Borro
ABL INTERCREDITOR AGREEMENTAbl Intercreditor Agreement • January 30th, 2013 • Tesoro Corp /New/ • Petroleum refining • New York
Contract Type FiledJanuary 30th, 2013 Company Industry JurisdictionABL INTERCREDITOR AGREEMENT dated as of January 28, 2013, between JPMorgan Chase Bank, National Association, in its capacity as administrative agent under the ABL Credit Agreement, including its successors and assigns from time to time, and JPMorgan Chase Bank, National Association, in its capacity as collateral agent under the Term Loan Credit Agreement, including its successors and assigns from time to time. Capitalized terms used herein but not otherwise defined herein have the meanings set forth in the ABL Credit Agreement and the Term Loan Credit Agreement, as applicable.
ABL INTERCREDITOR AGREEMENT dated as of February 22, 2011 among DEUTSCHE BANK TRUST COMPANY AMERICAS, as ABL Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as First Lien Collateral Trustee, WELLS FARGO BANK, NATIONAL ASSOCIATION, as...Abl Intercreditor Agreement • February 28th, 2011 • CVR Energy Inc • Petroleum refining • New York
Contract Type FiledFebruary 28th, 2011 Company Industry JurisdictionABL INTERCREDITOR AGREEMENT (this “Agreement”), dated as of February 22, 2011, among DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral agent for the ABL Secured Parties referred to herein (in such capacity, and together with its successors and assigns in such capacity, the “ABL Collateral Agent”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral trustee for the First Lien Secured Parties referred to herein (in such capacity, and together with its successors and assigns in such capacity, the “First Lien Collateral Trustee”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral trustee for each of the Second Lien Secured Parties and Subordinated Lien Secured Parties referred to herein (in such capacity, and together with its successors and assigns in such capacity, the “Subordinated Lien Collateral Trustee”), COFFEYVILLE RESOURCES, LLC, a Delaware limited liability company (the “Issuer”), COFFEYVILLE FINANCE INC., a Delaware corporation (the “Co-Issuer” and, together with the Iss
ABL INTERCREDITOR AGREEMENT dated as of April 30, 2014, among GOLDMAN SACHS BANK USA, as ABL Collateral Agent, GOLDMAN SACHS BANK USA, as Term Collateral Agent, EACH ADDITIONAL JUNIOR OBLIGATIONS AGENT and EACH ADDITIONAL PARI PASSU OBLIGATIONS AGENTAbl Intercreditor Agreement • May 1st, 2014 • Entegris Inc • Plastics products, nec • New York
Contract Type FiledMay 1st, 2014 Company Industry JurisdictionThis ABL INTERCREDITOR AGREEMENT is dated as of April 30, 2014, and entered into by and among GOLDMAN SACHS BANK USA, in its capacity as collateral agent under the ABL Loan Documents (as defined below), including its successors and assigns in such capacity from time to time (the “ABL Collateral Agent”), on behalf of itself and the other ABL Claimholders (as defined below), GOLDMAN SACHS BANK USA, in its capacity as collateral agent under the Term Loan Documents (as defined below), including its successors and assigns in such capacity from time to time (the “Term Collateral Agent”), on behalf of itself and the other Term Claimholders (as defined below), and each ADDITIONAL JUNIOR OBLIGATIONS AGENT and each ADDITIONAL PARI PASSU OBLIGATIONS AGENT that, in each case, shall have become a party hereto pursuant to Section 9.3(b).
ABL INTERCREDITOR AGREEMENT dated as of March 31, 2011, among BANK OF AMERICA, N.A., as ABL Agent, BANK OF AMERICA, N.A., as Term Loan Agent, Each ADDITIONAL PARI TERM LOAN DEBT AGENT from time to time party hereto, NEXEO SOLUTIONS, LLC and the other...Abl Intercreditor Agreement • March 2nd, 2012 • Nexeo Solutions Finance Corp • New York
Contract Type FiledMarch 2nd, 2012 Company Jurisdiction
ABL INTERCREDITOR AGREEMENTAbl Intercreditor Agreement • October 29th, 2020 • Unisys Corp • Services-computer integrated systems design • New York
Contract Type FiledOctober 29th, 2020 Company Industry JurisdictionThis ABL INTERCREDITOR AGREEMENT (as amended, restated, renewed, extended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), is dated as of October 29, 2020, and entered into by and among (a) JPMorgan Chase Bank, N.A., in its capacity as agent for the ABL Lenders (including its successors and assigns from time to time, the “ABL Agent”), (b) Wells Fargo Bank, National Association, in its capacity as collateral trustee (including its successors and assigns from time to time, the “Collateral Trustee”) for (i) the Notes Trustee and the Noteholders and (ii) any future Pari Passu Lien Representative or Pari Passu Lien Claimholders and (c) such additional parties from time to time party hereto pursuant to the terms hereof and acknowledged by Unisys Corporation, a Delaware corporation (the “Company”) and certain subsidiaries of the Company (the “Subsidiary Guarantors”). As described in more detail in Section 8.10 hereof, this Agreement
ABL INTERCREDITOR AGREEMENT by and among CITIBANK, N.A., as ABL Collateral Agent, CITIBANK, N.A., as Term Loan Collateral Agent and Designated Junior Priority Representative, U.S. Bank National Association, as Notes Collateral Agent, and each...Abl Intercreditor Agreement • May 2nd, 2019 • iHeartMedia, Inc. • Radio broadcasting stations • New York
Contract Type FiledMay 2nd, 2019 Company Industry JurisdictionABL INTERCREDITOR AGREEMENT (as amended, supplemented, restated or otherwise modified from time to time pursuant to the terms hereof, this “Agreement”) dated as of May 1, 2019 among CITIBANK, N.A. (“Citibank”), in its capacity as the ABL Collateral Agent (as defined below), Citibank, in its capacity as Term Loan Collateral Agent (as defined below) and Designated Junior Priority Representative (as defined below), U.S. Bank National Association as Notes Collateral Agent (as defined below), and each ADDITIONAL JUNIOR PRIORITY REPRESENTATIVE party hereto.