Amended and Restated INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • October 27th, 2020 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated October 22, 2020, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), CAC Warehouse Funding LLC VI (“Warehouse Funding VI”), CAC Warehouse Funding LLC VII (“Warehouse Funding VII”), CAC Warehouse Funding LLC VIII (“Warehouse Funding VIII”), Credit Acceptance Funding LLC 2020-3 (“Funding 2020-3”), Credit Acceptance Funding LLC 2020-2 (“Funding 2020-2”), Credit Acceptance Funding LLC 2020-1 (“Funding 2020-1”), Credit Acceptance Funding LLC 2019-3 (“Funding 2019-3”), Credit Acceptance Funding LLC 2019-2 (“Funding 2019-2”), Credit Acceptance Funding LLC 2019-1 (“Funding 2019-1”), Credit Acceptance Funding LLC 2018-3 (“Funding 2018-3”), Credit Acceptance Funding LLC 2018-2 (“Funding 2018-2”), Credit Acceptance Funding LLC 2018-1 (“Funding 2018-1”), Cre
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • July 29th, 2019 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated July 26, 2019, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), CAC Warehouse Funding LLC VI (“Warehouse Funding VI”), CAC Warehouse Funding LLC VII (“Warehouse Funding VII”), CAC Warehouse Funding LLC VIII (“Warehouse Funding VIII”), Credit Acceptance Funding LLC 2019-1 (“Funding 2019-1”), Credit Acceptance Funding LLC 2018-3 (“Funding 2018-3”), Credit Acceptance Funding LLC 2018-2 (“Funding 2018-2”), Credit Acceptance Funding LLC 2018-1 (“Funding 2018-1”), Credit Acceptance Funding LLC 2017-3 (“Funding 2017-3”), Credit Acceptance Funding LLC 2017-2 (“Funding 2017-2”), Credit Acceptance Funding LLC 2017-1 (“Funding 2017-1”), Credit Acceptance Funding LLC 2016-3 (“Funding 2016-3”), Credit Acceptance Funding LLC 2016-2 (“Funding 2016-2”, and eac
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • March 1st, 2017 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated February 23, 2017, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), CAC Warehouse Funding LLC VI (“Warehouse Funding VI”), Credit Acceptance Funding LLC 2017-1 (“Funding 2017-1”), Credit Acceptance Funding LLC 2016-3 (“Funding 2016-3”), Credit Acceptance Funding LLC 2016-2 (“Funding 2016-2”), Credit Acceptance Funding LLC 2016-1 (“Funding 2016-1”), Credit Acceptance Funding LLC 2015-2 (“Funding 2015-2”), Credit Acceptance Funding LLC 2015-1 (“Funding 2015-1”), Credit Acceptance Funding LLC 2014-2 (“Funding 2014-2”), Credit Acceptance Funding LLC 2014-1 (“Funding 2014-1”), Credit Acceptance Auto Loan Trust 2017-1 (the “2017-1 Trust”), Credit Acceptance Auto Loan Trust 2016-3 (the “2016-3 Trust”), Credit Acceptance Auto Loan Trust 2016-2 (the “20
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • March 3rd, 2016 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated February 26, 2016, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), CAC Warehouse Funding LLC VI (“Warehouse Funding VI”), Credit Acceptance Funding LLC 2016-1 ("Funding 2016-1"), Credit Acceptance Funding LLC 2015-2 ("Funding 2015-2"), Credit Acceptance Funding LLC 2015-1 ("Funding 2015-1"), Credit Acceptance Funding LLC 2014-2 ("Funding 2014-2"), Credit Acceptance Funding LLC 2014-1 ("Funding 2014-1"), Credit Acceptance Funding LLC 2013-2 ("Funding 2013-2"), Credit Acceptance Funding LLC 2013-1 (“Funding 2013-1”), Credit Acceptance Auto Loan Trust 2015-2 (the "2015-2 Trust"), Credit Acceptance Auto Loan Trust 2015-1 (the "2015-1 Trust"), Credit Acceptance Auto Loan Trust 2014-2 (the "2014-2 Trust"), Credit Acceptance Auto Loan Trust 2014-1 (t
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • December 7th, 2017 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated December 1, 2017, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), CAC Warehouse Funding LLC VI (“Warehouse Funding VI”), CAC Warehouse Funding LLC VII (“Warehouse Funding VII”), Credit Acceptance Funding LLC 2017-3 (“Funding 2017-3”), Credit Acceptance Funding LLC 2017-2 (“Funding 2017-2”), Credit Acceptance Funding LLC 2017-1 (“Funding 2017-1”), Credit Acceptance Funding LLC 2016-3 (“Funding 2016-3”), Credit Acceptance Funding LLC 2016-2 (“Funding 2016-2”), Credit Acceptance Funding LLC 2016-1 (“Funding 2016-1”), Credit Acceptance Funding LLC 2015-2 (“Funding 2015-2”), Credit Acceptance Funding LLC 2015-1 (“Funding 2015-1”), Credit Acceptance Auto Loan Trust 2017-3 (the “2017-3 Trust”), Credit Acceptance Auto Loan Trust 2017-2 (the “2017-2 Tr
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • February 3rd, 2015 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated January 29, 2015, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), Credit Acceptance Funding LLC 2015-1 ("Funding 2015-1"), Credit Acceptance Funding LLC 2014-2 ("Funding 2014-2"), Credit Acceptance Funding LLC 2014-1 ("Funding 2014-1"), Credit Acceptance Funding LLC 2013-2 ("Funding 2013-2"), Credit Acceptance Funding LLC 2013-1 (“Funding 2013-1”), Credit Acceptance Funding LLC 2012-2 (“Funding 2012-2”), Credit Acceptance Funding LLC 2012-1 (“Funding 2012-1”), Credit Acceptance Auto Loan Trust 2015-1 (the "2015-1 Trust"), Credit Acceptance Auto Loan Trust 2014-2 (the "2014-2 Trust"), Credit Acceptance Auto Loan Trust 2014-1 (the "2014-1 Trust"), Credit Acceptance Auto Loan Trust 2013-2 (the "2013-2 Trust"), Credit Acceptance Auto Loan Trust 20
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • March 2nd, 2012 • Domus Holdings Corp • Real estate agents & managers (for others) • New York
Intercreditor Agreement (this “Agreement”), dated as of February 2, 2012, among JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, with its successors and assigns, the “Initial First Lien Senior Priority Representative”) for the First Lien Senior Priority Secured Parties under the Existing Credit Agreement (as each term is defined below), The Bank of New York Mellon Trust Company, N.A., as Collateral Agent (in such capacity, with its successors and assigns, the “Initial First Lien Junior Priority Representative”) for the First Lien Junior Priority Secured Parties under the Initial First Lien Junior Priority Indenture (as each term is defined below), The Bank of New York Mellon Trust Company, N.A., as Collateral Agent (in such capacity, with its successors and assigns, the “Initial Additional First Lien Senior Priority Representative”) for the First Lien Senior Priority Secured Parties under the Additional First Lien Senior Priority Indenture (as each term is defined
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • September 14th, 2007 • RHI Entertainment, Inc. • New York
Amended and Restated Intercreditor Agreement (this “Agreement”) dated as of April 13, 2007, among JPMorgan Chase Bank, N.A. as administrative agent and collateral agent (in such capacity, with its successors and assigns, the “First Priority Representative”) for the First Priority Secured Parties (as defined below), JPMorgan Chase Bank, N.A., as administrative and collateral agent (in such capacity, with its successors and assigns, the “Second Priority Representative”) for the Second Priority Secured Parties (as defined below), RHI Entertainment, LLC, a limited liability company organized under the Delaware Limited Liability Company Act (the “Borrower”, and collectively with the Guarantors defined herein and each direct or indirect affiliate or shareholder (or equivalent) of the Borrower or any of its affiliates that is now, or hereafter becomes a party to, any First Priority Document or Second Priority Document as a “borrower” or a “guarantor”, the “Credit Parties”) and RHI Entertainme
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • September 12th, 2003 • Revcare Inc • Finance services • California
This Intercreditor Agreement (this “Agreement”) is entered into as of August 29, 2003 by and among RevCare, Inc., a Nevada corporation (the “Borrower”) and the parties listed on Exhibit A hereto, which parties are also holders of certain promissory notes (the “Notes”) as described on Schedule A attached hereto (the “Lenders”).
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • May 26th, 2021 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated May 20, 2021, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding LLC II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), CAC Warehouse Funding LLC VI (“Warehouse Funding VI”), CAC Warehouse Funding LLC VII (“Warehouse Funding VII”), CAC Warehouse Funding LLC VIII (“Warehouse Funding VIII”), Credit Acceptance Funding LLC 2021-3 (“Funding 2021-3”), Credit Acceptance Funding LLC 2021-2 (“Funding 2021-2”), Credit Acceptance Funding LLC 2021-1 (“Funding 2021-1”), Credit Acceptance Funding LLC 2020-3 (“Funding 2020-3”), Credit Acceptance Funding LLC 2020-2 (“Funding 2020-2”), Credit Acceptance Funding LLC 2020-1 (“Funding 2020-1”), Credit Acceptance Funding LLC 2019-3 (“Funding 2019-3”), Credit Acceptance Funding LLC 2019-2 (“Funding 2019-2”), Credit Acceptance Funding LLC 2019-1 (“Funding 2019-1”), Credit Acceptan
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • July 1st, 2004 • Western Gas Resources Inc • Natural gas distribution • Texas
This INTERCREDITOR AGREEMENT (as amended or supplemented from time to time, herein called this “Agreement”), is entered into as of June 29, 2004, by and among the BANKS (as defined below), BANK OF AMERICA, N.A., as Administrative Agent for the Banks (in such capacity, the “Agent”) and as Collateral Agent for the Lenders (in such capacity, the “Collateral Agent”), and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (“PICA”), PRUCO LIFE INSURANCE COMPANY (“Pruco”), ING LIFE INSURANCE & ANNUITY COMPANY (“ING”), PRUDENTIAL INVESTMENT MANAGEMENT, INC. (“Prudential”), PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY (“Pruco NJ”), GIBRALTER LIFE INSURANCE CO., LTD. (“Gibralter”), RGA REINSURANCE COMPANY (“RGA”), AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA, INC. (“American”), FORTIS BENEFITS INSURANCE COMPANY (“Fortis”), and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (“Connecticut” and, together with PICA, Pruco, ING, Prudential, Pruco NJ, Gibralter, RGA, American, and Fortis, collectively, the “
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • March 16th, 2012 • AEP Transition Funding III LLC • Asset-backed securities • Texas
AEP Texas Central Company, in its capacity as the initial servicer of the Initial Transition Property referred to below (including any successor in such capacity, the “Initial TC Servicer” and, together with the Initial Transition Bond Issuer and the Initial Transition Bond Trustee, the “Initial Parties”);
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • July 5th, 2017 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated June 29, 2017, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), CAC Warehouse Funding LLC VI (“Warehouse Funding VI”), Credit Acceptance Funding LLC 2017-2 (“Funding 2017-2”), Credit Acceptance Funding LLC 2017-1 (“Funding 2017-1”), Credit Acceptance Funding LLC 2016-3 (“Funding 2016-3”), Credit Acceptance Funding LLC 2016-2 (“Funding 2016-2”), Credit Acceptance Funding LLC 2016-1 (“Funding 2016-1”), Credit Acceptance Funding LLC 2015-2 (“Funding 2015-2”), Credit Acceptance Funding LLC 2015-1 (“Funding 2015-1”), Credit Acceptance Funding LLC 2014-2 (“Funding 2014-2”), Credit Acceptance Auto Loan Trust 2017-2 (the “2017-2 Trust”), Credit Acceptance Auto Loan Trust 2017-1 (the “2017-1 Trust”), Credit Acceptance Auto Loan Trust 2016-3 (the “2016-3
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • August 29th, 2014 • GWG Life, LLC • Life insurance • Delaware
This Amended and Restated Intercreditor Agreement (this “Agreement”) is dated as of [●], 2014, and entered into by and among GWG Lifenotes Trust, a Minnesota trust in its capacity as the representative of the holders of Notes (as defined below) (including its successors and assigns from time to time, the “GWG Trust”), Lord Securities Corporation, a Delaware corporation in its capacity as the trustee of the GWG Trust (including its successors and assigns from time to time, the “GWG Trustee,” and together with the GWG Trust, collectively referred to herein as the “Notes Representative”), and Bank of Utah, a Utah corporation in its capacity, as applicable, as (i) collateral trustee for the Debentures (as defined below) and (ii) indenture trustee under the Debenture Indenture (as defined below) (in each case including its successors and assigns from time to time, the “Debentures Representative”), and as (iii) collateral trustee for the Series L Bonds (as defined below) and (iv) indenture t
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • February 15th, 2008 • Focus Enhancements Inc • Computer communications equipment
This AMENDED AND RESTATED INTERCREDITOR AGREEMENT (“Agreement”), dated as of February 7, 2008, is made by and between Carl E. Berg (“Berg”), on one hand, and the purchasers of the Amended and Restated Senior Secured Notes due January 1, 2011 issued by Focus Enhancements, Inc., a Delaware corporation (the “Company”) who are identified on Exhibit A attached hereto, (the “Purchasers”) and Thomas O. Boucher, Jr., as agent for the Purchasers (“Purchasers’ Agent”), on the other hand.
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • June 18th, 2012 • Smithfield Foods Inc • Meat packing plants • New York
This AMENDED AND RESTATED INTERCREDITOR AGREEMENT (this "Agreement"), dated as of June 9, 2011, among COÖPERATIEVE CENTRALE RAIFFEISEN–BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH (as assignee of JPMorgan Chase Bank, N.A.), as Administrative Agent (in such capacity, with its successors and assigns, and as more specifically defined below, the "ABL Representative") for the ABL Secured Parties (as defined below), U.S. BANK NATIONAL ASSOCIATION, ("U.S. Bank"), as collateral agent (in such capacity, with its successors and assigns, and as more specifically defined below, the "Term Debt Representative") for the Term Debt Secured Parties (as defined below), SMITHFIELD RECEIVABLES FUNDING LLC (the "Receivables Buyer"), COÖPERATIEVE CENTRALE RAIFFEISEN–BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK BRANCH, as Administrative Agent (in such capacity, with its successors and assigns, and as more specifically defined below, the "Receivables Agent") under the Credit and Security A
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • August 25th, 2015 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated August 20, 2015, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), Credit Acceptance Funding LLC 2015-2 ("Funding 2015-2"), Credit Acceptance Funding LLC 2015-1 ("Funding 2015-1"), Credit Acceptance Funding LLC 2014-2 ("Funding 2014-2"), Credit Acceptance Funding LLC 2014-1 ("Funding 2014-1"), Credit Acceptance Funding LLC 2013-2 ("Funding 2013-2"), Credit Acceptance Funding LLC 2013-1 (“Funding 2013-1”), Credit Acceptance Auto Loan Trust 2015-2 (the "2015-2 Trust"), Credit Acceptance Auto Loan Trust 2015-1 (the "2015-1 Trust"), Credit Acceptance Auto Loan Trust 2014-2 (the "2014-2 Trust"), Credit Acceptance Auto Loan Trust 2014-1 (the "2014-1 Trust"), Credit Acceptance Auto Loan Trust 2013-2 (the "2013-2 Trust"), Credit Acceptance Auto Loan Tru
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • November 8th, 2010 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated November 4, 2010, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding III, LLC (“Warehouse Funding III”), Credit Acceptance Funding LLC 2010-1 (“Funding 2010-1”), Credit Acceptance Funding LLC 2009-1 (“Funding 2009-1”), Credit Acceptance Auto Loan Trust 2010-1 (the “2010-1 Trust”), Credit Acceptance Auto Loan Trust 2009-1 (the “2009-1 Trust”), Wells Fargo Securities, LLC, as deal agent and collateral agent under the Wells Fargo Warehouse Securitization Documents (“Wells Fargo Securities”), Fifth Third Bank, as agent under the Fifth Third Securitization Documents (“Fifth Third”), Wells Fargo Bank, National Association, as indenture trustee and trust collateral agent under the 2010-1 Securitization Documents (in either such capacity, the “2010-1 Trustee”, as the context requires), Wells Fargo Bank, National Association, as indenture
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • December 17th, 2019 • Boxlight Corp • Photographic equipment & supplies • New York
This AMENDED AND RESTATED INTERCREDITOR AGREEMENT (“Agreement”) is entered into as of December 13, 2019, among SALLYPORT COMMERCIAL FINANCE, LLC (“First Lien Creditor”), Lind Global Macro Fund, LP (“Second Lien Creditor”), and Boxlight Corporation (sometimes referred to as “Debtor”), in light of the following.
