INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor And • July 7th, 2009 • American Biltrite Inc • Plastics products, nec • New York
THIS INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT, dated as of June 30, 2009 (this “Agreement”), is by and among WACHOVIA BANK, NATIONAL ASSOCIATION, in its capacity as agent (in such capacity, “Agent” as hereinafter defined) pursuant to the Credit Agreement (as hereinafter defined) acting for and on behalf of the Credit Agreement Creditors (as hereinafter defined), FAUNUS GROUP INTERNATIONAL, INC., a Delaware corporation (“FGI”), AMERICAN BILTRITE INC., a Delaware corporation (“Parent”), and AMERICAN BILTRITE FAR EAST, INC., a Delaware corporation (“Far East”; together with Parent, individually a “Debtor” and collectively, “Debtors”).
REAFFIRMATION, CONSENT AND AMENDMENT OF INTERCREDITOR AND SUBORDINATION AGREEMENT Dated as of October 29, 2004Intercreditor And • February 14th, 2005 • Venture Catalyst Inc • Services-miscellaneous amusement & recreation
Reference is made to that certain Intercreditor and Subordination Agreement (as amended prior to the date hereof, the “VCAT Agreement”), dated as of October 10, 2000, and executed by VENTURE CATALYST INCORPORATED (“VCAT”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent (in such capacity, “Administrative Agent”) for the Senior Lenders (as defined in the VCAT Agreement). Terms used herein and not otherwise defined herein shall have the meaning given in the VCAT Agreement.
