Intercreditor Agreement Sample Contracts

RECITALS
Intercreditor Agreement • April 14th, 2009 • National Coal Corp • Bituminous coal & lignite surface mining • New York
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INTERCREDITOR AGREEMENT Dated as of November 8, 2021 among WILMINGTON TRUST COMPANY, as Trustee of the American Airlines Pass Through Trust 2021-1A and American Airlines Pass Through Trust 2021-1B CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, ACTING...
Intercreditor Agreement • November 12th, 2021 • American Airlines, Inc. • Air transportation, scheduled • New York

This INTERCREDITOR AGREEMENT, dated as of November 8, 2021, is made by and among WILMINGTON TRUST COMPANY, a Delaware trust company (in its individual capacity, together with its successors and permitted assigns, “WTC”), not in its individual capacity but solely as trustee of each Trust (such term and other capitalized terms used herein without definition being defined as provided in Article I), CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, a société anonyme organized under the laws of France, acting through its New York Branch, as Class A Liquidity Provider and Class B Liquidity Provider (“Crédit Agricole”), and WILMINGTON TRUST COMPANY, a Delaware trust company, not in its individual capacity except as expressly set forth herein, but solely as Subordination Agent and trustee hereunder (in such capacity, together with any successor appointed pursuant to Article VII, the “Subordination Agent”).

INTERCREDITOR AGREEMENT Dated as of August 24, 2021 by and between MORGAN STANLEY bank, N.A., (Note A Holder) and Delaware Life Insurance Company, (Note B Holder) Suarez Industrial Portfolio
Intercreditor Agreement • October 7th, 2021 • Bank 2021-Bnk36 • Asset-backed securities • New York

This INTERCREDITOR AGREEMENT (this “Agreement”), dated as of August 24, 2021, by and between MORGAN STANLEY BANK, N.A. (“Morgan Stanley Bank”), as holder of Note A (in such capacity, together with its successors and assigns, the “Note A Holder”), Delaware Life Insurance Company (“Delaware Life”), as holder of Note B (in such capacity, together with its successors and assigns, the “Note B Holder”), and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (“MSMCH”), as initial agent (in such capacity, “Initial Agent”).

AGREEMENT FOR INTERCREDITOR ARRANGEMENTS
Intercreditor Agreement • June 21st, 2006 • RVision, Inc. • California
CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT THAT IS MARKED BY [***] HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED. AMENDED AND RESTATED INTERCREDITOR AGREEMENT...
Intercreditor Agreement • August 28th, 2020 • Jetblue Airways Corp • Air transportation, scheduled • New York

This AMENDED AND RESTATED INTERCREDITOR AGREEMENT, dated as of August 27, 2020, is made by and among WILMINGTON TRUST COMPANY, a Delaware trust company (in its individual capacity, together with its successors and permitted assigns, “WTC”), not in its individual capacity but solely as trustee of each Trust (such term and other capitalized terms used herein without definition being defined as provided in Article I), CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, a French société anonyme organized under the laws of France, acting through its New York Branch (“CACIB”), as Class AA Liquidity Provider, Class A Liquidity Provider and Class B Liquidity Provider, and WILMINGTON TRUST COMPANY, not in its individual capacity except as expressly set forth herein, but solely as Subordination Agent and trustee hereunder (in such capacity, together with any successor appointed pursuant to Article VII, the “Subordination Agent”).

INTERCREDITOR AGREEMENT dated as of June 17, 2020 between WELLS FARGO BANK, NATIONAL ASSOCIATION, as Priority Lien Agent, and UMB BANK, N.A., as Second Lien Collateral Trustee
Intercreditor Agreement • June 18th, 2020 • SM Energy Co • Crude petroleum & natural gas • New York

THIS IS THE INTERCREDITOR AGREEMENT REFERRED TO IN (A) THE INDENTURE DATED AS OF JUNE 17, 2020, AS AMENDED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, AMONG SM ENERGY COMPANY, CERTAIN OF ITS SUBSIDIARIES FROM TIME TO TIME PARTY THERETO AND UMB BANK, N.A., AS TRUSTEE, (B) THE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF SEPTEMBER 28, 2018, AS AMENDED, SUPPLEMENTED, RESTATED OR OTHERWISE MODIFIED FROM TIME TO TIME, AMONG SM ENERGY COMPANY, THE LENDERS PARTY THERETO FROM TIME TO TIME AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT, (C) THE OTHER NOTE DOCUMENTS REFERRED TO IN SUCH INDENTURE AND (D) THE OTHER LOAN DOCUMENTS REFERRED TO IN SUCH CREDIT AGREEMENT.

INTERCREDITOR AGREEMENT
Intercreditor Agreement • October 12th, 2023 • Party City Holdco Inc. • Retail-miscellaneous retail • New York

Intercreditor Agreement (this “Agreement”), dated as of October 12, 2023, among JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, with its successors and assigns, and as more specifically defined below, the “First Priority Representative”) for the First Priority Secured Parties (as defined below), WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee and Collateral Agent (in such capacity, with its successors and assigns, and as more specifically defined below, the “Second Priority Representative”) for the Second Priority Secured Parties (as defined below), PARTY CITY HOLDINGS INC., a Delaware corporation (the “Ultimate Parent”), PARTY CITY HOLDCO INC., a Delaware corporation (“Parent Borrower”), PARTY CITY CORPORATION, a Delaware corporation (“Party City”, and collectively with the Parent Borrower, the “Borrowers”), and each of the other Loan Parties (as defined below) party hereto.

Intercreditor Agreement
Intercreditor Agreement • May 26th, 2022

Public reporting burden for this collection of information is estimated to average 1.5 hours. This includes the time for collecting, reviewing, and reporting the data. The information is being collected to obtain the supportive documentation which must be submitted to HUD for approval, and is necessary to ensure that viable projects are developed and maintained. The Department will use this information to determine if properties meet HUD requirements with respect to development, operation and/or asset management, as well as ensuring the continued marketability of the properties. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number.

EX-10.1 4 d360340dex101.htm INTERCREDITOR AGREEMENT INTERCREDITOR AGREEMENT
Intercreditor Agreement • May 5th, 2020 • New York

INTERCREDITOR AGREEMENT dated as of May 25, 2012, among JPMORGAN CHASE BANK, N.A. (“JPMCB”), as Intercreditor Agent, THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee and as Collateral Agent, MOMENTIVE PERFORMANCE MATERIALS INC. a Delaware corporation (the “Company”) MOMENTIVE PERFORMANCE MATERIALS USA INC., a Delaware corporation (the “U.S. Borrower”), and each Subsidiary of the Company listed on Schedule I hereto.

INTERCREDITOR AGREEMENT by and between as Senior Lender and as Junior Lender Dated as of __________, 20__
Intercreditor Agreement • June 6th, 2023

THIS INTERCREDITOR AGREEMENT (this “Agreement”) is dated as of ______, 20 __ by and between ___________, a ___________, having an office at ________, ___________ (“Senior Lender”), and [FREDDIE MAC SELLER/SERVICER], a ________________, having an office at ________________ (“Junior Lender”).

FIRST AMENDMENT
Intercreditor Agreement • March 21st, 2003 • Truserv Corp • Wholesale-lumber, plywood, millwork & wood panels • Illinois
INTERCREDITOR AGREEMENT Dated as of September 18, 2023 among ATW Special situations iI llc, as First Lien Collateral Agent, and ATW Special situations i llc, as Second Lien Collateral Agent, and acknowledged and agreed to by NAUTICUS ROBOTICS, INC.,...
Intercreditor Agreement • September 21st, 2023 • Nauticus Robotics, Inc. • General industrial machinery & equipment, nec • New York

This INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is dated as of September 18, 2023, and entered into by and among ATW Special Situations II LLC, as collateral agent for the holders of the First Lien Obligations (as defined below) (in such capacity and together with its successors from time to time, the “First Lien Collateral Agent”), and ATW Special Situations I LLC, as agent for the holders of the Second Lien Obligations (as defined below) (in such capacity and together with its successors from time to time, the “Second Lien Collateral Agent”), and acknowledged and agreed to by NAUTICUS ROBOTICS, INC., a Delaware corporation (the “Company”), and the other Grantors (as defined below) party hereto from time to time. Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.

INTERCREDITOR AGREEMENT
Intercreditor Agreement • September 30th, 2024 • Matthews International Corp • Nonferrous foundries (castings) • New York

THIS INTERCREDITOR AGREEMENT is dated as of September 27, 2024, among Citizens Bank, N.A., solely in its capacity as Administrative Agent, each Other First Priority Lien Obligations Agent, if any, from time to time party hereto, each in its capacity as First Lien Agent, Truist Bank, solely in its capacity as Trustee and Second Priority Collateral Agent and each collateral agent for any Future Second Lien Indebtedness from time to time party hereto, each in its capacity as Second Priority Agent.

AMENDED AND RESTATED INTERCREDITOR AGREEMENT Dated as of February 1, 2021 AMONG WILMINGTON TRUST, NATIONAL ASSOCIATION not in its individual capacity but solely as Trustee under the United Airlines Pass Through Trust 2020-1A and United Airlines Pass...
Intercreditor Agreement • February 1st, 2021 • United Airlines, Inc. • Air transportation, scheduled

AMENDED AND RESTATED INTERCREDITOR AGREEMENT (this “Agreement”) dated as of February 1, 2021, among WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association (“WTNA”), not in its individual capacity but solely as Trustee of each Trust (each as defined below); GOLDMAN SACHS BANK USA, as a Class A Liquidity Provider and a Class B Liquidity Provider; BARCLAYS BANK PLC, as a Class A Liquidity Provider; MORGAN STANLEY BANK, N.A., as a Class A Liquidity Provider; CITIBANK, N.A., as a Class B Liquidity Provider; CREDIT SUISSE AG, NEW YORK BRANCH, as a Class B Liquidity Provider; and WILMINGTON TRUST NATIONAL ASSOCIATION, not in its individual capacity except as expressly set forth herein, but solely as Subordination Agent and trustee hereunder (in such capacity, together with any successor appointed pursuant to Article VIII hereof, the “Subordination Agent”).

EX-10.3 11 dex103.htm INTERCREDITOR AGREEMENT EXECUTION VERSION INTERCREDITOR AGREEMENT
Intercreditor Agreement • May 5th, 2020 • New York

This INTERCREDITOR AGREEMENT is dated as of March 10, 2009, and entered into by and among Louisiana-Pacific Corporation, a Delaware corporation (the “Company”), the domestic subsidiaries of the Company listed on the signature pages hereof (together with any subsidiary that becomes a party hereto after the date hereof, the “Company Subsidiaries”), Bank of America, N.A., in its capacity as agent under the ABL Loan Agreement, including its successors and assigns from time to time (the “Initial ABL Agent”), and The Bank of New York Mellon Trust Company, N.A., as Trustee (the “Trustee”), not in its individual capacity, but solely in its capacity as trustee and collateral agent under the Indenture, including its successors and assigns from time to time (in such capacities, the “Notes Agent”). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1.

INTERCREDITOR AGREEMENT
Intercreditor Agreement • March 30th, 2020 • A. M. Castle & Co. • Wholesale-metals service centers & offices • New York

INTERCREDITOR AGREEMENT dated as of March 27, 2020 (this “Intercreditor Agreement” as hereinafter further defined), among PNC Bank, National Association, in its capacity as administrative and collateral agent for the First Lien Secured Parties (in such capacity, “First Lien Agent” as hereinafter further defined), and Wilmington Savings Fund Society, FSB, in its capacities as indenture trustee and collateral agent for the Second Lien Secured Parties (in such capacities, “Second Lien Agent” as hereinafter further defined).

Exhibit 4.9B ACKNOWLEDGMENT The undersigned hereby acknowledges that (a) it has received a copy of the foregoing Intercreditor Agreement, dated as of April 16, 2004 (the "INTERCREDITOR AGREEMENT"; undefined capitalized terms used in this...
Intercreditor Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation

The undersigned hereby acknowledges that (a) it has received a copy of the foregoing Intercreditor Agreement, dated as of April 16, 2004 (the "INTERCREDITOR AGREEMENT"; undefined capitalized terms used in this Acknowledgment have the meanings assigned to them in the Intercreditor Agreement), by and among U.S. Bank National Association, as Trustee and Secured Party, and Wells Fargo Foothill, Inc., as Credit Facility Lender (as defined below), and consents thereto, and agrees to recognize all rights granted thereby to the Parties, and will not do any act or perform any obligation that is not in accordance with the agreements set forth in such Intercreditor Agreement; and (b) it is not an intended beneficiary or third party beneficiary under the Intercreditor Agreement.

AMENDED AND RESTATED INTERCREDITOR AGREEMENT
Intercreditor Agreement • October 2nd, 2024 • Credit Acceptance Corp • Personal credit institutions • New York

This Amended and Restated Intercreditor Agreement (this “Agreement”), dated September 26, 2024, 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 VIII (“Warehouse Funding VIII”), Credit Acceptance Funding LLC 2024-3 (“Funding 2024-3”), Credit Acceptance Funding LLC 2024-2 (“Funding 2024-2”), Credit Acceptance Funding LLC 2024-1 (“Funding 2024-1”), Credit Acceptance Funding LLC 2024-A (“Funding 2024-A”), Credit Acceptance Funding LLC 2023-5 (“Funding 2023-5”), Credit Acceptance Funding LLC 2023-A (“Funding 2023-A”), Credit Acceptance Funding LLC 2023-3 (“Funding 2023-3”), Credit Acceptance Funding LLC 2023-2 (“Funding 2023-2”), Credit Acceptance Funding LLC 2023-1 (“Funding 2023-1”), Credit Acceptance Funding LLC 2022-3 (“Funding 2022-3”), Credit Ac

ABL / TERM INTERCREDITOR AGREEMENT
Intercreditor Agreement • October 8th, 2024 • Solaris Energy Infrastructure, Inc. • Oil & gas field machinery & equipment • New York

INTERCREDITOR AGREEMENT (this “Agreement”), dated as of October 2, 2024, among BANK OF AMERICA, N.A., as ABL Representative (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), SILVER POINT FINANCE, LLC, as Term Loan Representative (in such capacity, with its successors and assigns, and as more specifically defined below, the “Term Loan Representative”) for the Term Loan Secured Parties (as defined below), each of the Loan Parties (as defined below) party hereto, and Banco Santander, S.A. New York Branch, as administrative agent under the Existing Term Loan Credit Agreement (as defined below).

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INTERCREDITOR AGREEMENT Dated as of August 11, 2014 AMONG WILMINGTON TRUST, NATIONAL ASSOCIATION not in its individual capacity but solely as Trustee under the United Airlines Pass Through Trust 2014-2A and United Airlines Pass Through Trust 2014-2B...
Intercreditor Agreement • August 14th, 2014 • United Airlines, Inc. • Air transportation, scheduled

INTERCREDITOR AGREEMENT (this “Agreement”) dated as of August 11, 2014, among WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association (“WTNA”), not in its individual capacity but solely as Trustee of each Trust (each as defined below); BNP PARIBAS, a société anonyme organized under the laws of France, acting through its New York Branch, as Class A Liquidity Provider and Class B Liquidity Provider; and WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity except as expressly set forth herein, but solely as Subordination Agent and trustee hereunder (in such capacity, together with any successor appointed pursuant to Article VIII hereof, the “Subordination Agent”).

WITNESSETH:
Intercreditor Agreement • April 27th, 2007 • WCI Steel, Inc. • Steel works, blast furnaces & rolling mills (coke ovens) • New York
INTERCREDITOR AGREEMENT
Intercreditor Agreement • December 3rd, 2018 • Illinois

THIS INTERCREDITOR AGREEMENT (this “Agreement”), dated as of November , 2018 is by and between Community Investment Corporation, an Illinois not for profit corporation (“Senior Lender”), and CIC Mezzanine Investors, LLC, a Delaware limited liability company (“Subordinate Lender”).

AMENDED AND RESTATED INTERCREDITOR AGREEMENT
Intercreditor Agreement • November 26th, 2019 • Credit Acceptance Corp • Personal credit institutions • New York

This Amended and Restated Intercreditor Agreement (this “Agreement”), dated November 21, 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 2019-3 (“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”), 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”), Cr

INTERCREDITOR AGREEMENT dated as of April 16, 2014 among MCDERMOTT INTERNATIONAL, INC., as the Parent and a Company, MCDERMOTT FINANCE L.L.C. as a Company, certain Subsidiaries of Parent party hereto, CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as...
Intercreditor Agreement • April 16th, 2014 • McDermott International Inc • Fabricated plate work (boiler shops) • New York

INTERCREDITOR AGREEMENT dated as of April 16, 2014 (this “Agreement”), among MCDERMOTT INTERNATIONAL, INC., a Panamanian corporation (the “Parent”), MCDERMOTT FINANCE L.L.C., a Delaware limited liability company (the “Term Borrower” and together with the Parent, collectively, the “Companies” and each, a “Company”), the Subsidiaries of the Parent party hereto, CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as collateral agent for the First Priority Secured Parties (as defined below) (in such capacity and together with any successor or assigns, the “First Priority Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent for the Second Priority Secured Parties (as defined below) (in such capacity and together with any successor or assigns, the “Second Priority Agent”).

AMENDED AND RESTATED INTERCREDITOR AGREEMENT
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

Contract
Intercreditor Agreement • May 5th, 2020 • New York

EX-4.9 2 exhibit49intercreditoragre.htm EXHIBIT 4.9 Exhibit 4.9 INTERCREDITOR AGREEMENT Intercreditor Agreement (this “Agreement”), dated as of November 27, 2012, among Valiant Trust Company (in such capacity, with its successors and assigns, and as more specifically defined below, the “Senior Debt Representative”) for the Senior Debt Secured Parties (as defined below), RGLD Gold AG, a Swiss corporation as purchaser (with its successors and assigns, the “Purchaser”) of certain refined gold from Terrane Metals Corp., a company incorporated under the laws of British Columbia, (the “Vendor”) and the Vendor. WHEREAS, Thompson Creek Metals Company, Inc., a company incorporated under the laws of British Columbia (the “Issuer”), the subsidiary guarantors, including the Vendor, the Senior Debt Representative and certain financial institutions and other entities are parties to (i) the fifth supplemental indenture, dated as of November 27, 2012, to the indenture dated as of May 11, 2012, as supp

INTERCREDITOR AGREEMENT
Intercreditor Agreement • February 13th, 2023 • PishPosh, Inc. • Retail-nonstore retailers • New York

THIS INTERCREDITOR AGREEMENT, dated as of November 30, 2021, (this “Agreement”), is by and among Dov Kurlander (“Kurlander”), the parties identified on Schedule A hereto (each a “New Lender” and collectively the “New Lenders” and together with Kurlander each a “Lender’” and collectively the “Lenders”), and Pish Posh Baby LLC, a Delaware limited liability company (the “Company” and together with the Lenders each a “Party” and collectively the “Parties”).

INTERCREDITOR AGREEMENT
Intercreditor Agreement • May 3rd, 2022 • AZEK Co Inc. • Plastics products, nec • New York

INTERCREDITOR AGREEMENT dated as of April 28, 2022 among DEUTSCHE BANK AG NEW YORK BRANCH (“Deutsche Bank”), as ABL Agent, Bank of America, N.A. (“Bank of America”), as a Term Loan Agent, CPG International LLC, a Delaware limited liability company (the “Company”), as the borrower under the ABL Credit Agreement and the Term Loan Credit Agreement, The Azek Company Inc., a Delaware corporation (“Holdings”) and each Subsidiary of Holdings that, in each case, becomes a party hereto pursuant to Section 9.19 below.

INTERCREDITOR AGREEMENT by and between BANK OF AMERICA, N.A., as ABL Agent, and BANK OF AMERICA, N.A., as Term Agent Dated as of October 11, 2007
Intercreditor Agreement • August 14th, 2014 • Univar Inc. • Prefabricated wood bldgs & components • New York

THIS 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 October 11, 2007 between BANK OF AMERICA, N.A. (“Bank of America”) in its capacities as administrative agent for the U.S. Lenders and collateral agent (together with its successors and assigns in such capacities, the “ABL Agent”) under the ABL Credit Agreement referred to below (such financial institutions, together with their successors, assigns and transferees, the “ABL Lenders”) and BANK OF AMERICA, N.A. in its capacities as administrative agent and collateral agent (together with its successors and assigns in such capacities, the “Term Agent”) for the financial institutions party from time to time to the Term Credit Agreement referred to below (such financial institutions, together with their successors, assigns and transferees, the “Term Lenders”).

INTERCREDITOR AGREEMENT
Intercreditor Agreement • March 8th, 2018 • California

This Intercreditor Agreement (the "Agreement") is dated March 1, 2018, and is among the City of Walnut Creek, a California municipal corporation (the "City"), the County of Contra Costa, a political subdivision of the State of California (the "County"), and SP Commons, L.P., a California limited partnership ("Borrower"), with reference to the following facts:

Contract
Intercreditor Agreement • June 19th, 2020

Intercreditor AgreementSection 242 U.S. Department of Housing and Urban DevelopmentOffice of Hospital Facilities OMB Approval No. 2502-0602(Exp. 11/30/2022)

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