Exhibit 4.3 INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT THIS INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT is dated as of May 20, 2005, by and among each of the banks listed on the signature page hereof (together with its successors and assigns,...Intercreditor and Collateral Agency Agreement • August 15th, 2005 • American Biltrite Inc • Plastics products, nec • New York
EX-10.7 9 d415587dex107.htm EX-10.7 SECOND AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • May 5th, 2020 • Ohio
This Second Amended and Restated Intercreditor and Collateral Agency Agreement, dated as of June 22, 2017 (this “Agreement”), is entered into by and among PNC BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as collateral agent pursuant to Section 3.1(a) of this Agreement (the “Collateral Agent”), PNC BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as Administrative Agent (as hereinafter defined) on behalf of each of the Domestic Facility Lenders (as hereinafter defined), PNC BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as Mexican Facility Agent (as hereinafter defined) on behalf of each of the Mexican Facility Lenders (as hereinafter defined) and each of the NOTEHOLDERS (as hereinafter defined).
Exhibit 4.5 Intercreditor And Collateral Agency Agreement (FCC License Subsidiary Pledge Agreement) Dated as of January 28, 2003Intercreditor and Collateral Agency Agreement • January 29th, 2003 • Xm Satellite Radio Inc • Communications services, nec • New York
EX-4.P 15 dex4p.htm SECOND AMENDED AND RESTATED EURO INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT EXECUTION SECOND AMENDED AND RESTATED EURO INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • May 5th, 2020 • New York
This SECOND AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (as amended, amended and restated or otherwise modified from time to time in accordance with the terms hereof, herein called this “Agreement”) is dated as of February 26, 2003, amended and restated as of September 1, 2004 and further amended and restated as of November 18, 2005 among (i) DEUTSCHE BANK AG NEW YORK BRANCH, as U.K. administrative agent (as successor to Citibank International PLC, as U.K. administrative agent under the 2004 Credit Agreement) (in such capacity, together with its successors and assigns, “U.K. Administrative Agent” or “Bank Agent”) for the Euro Revolving Lenders, Term B Euro Lenders and any other Lenders that from time to time make Additional Term Loans to any Non-U.S. Subsidiary of Crown Cork & Seal Company, Inc. (“CCSC”) from time to time party to the Credit Agreement (as defined below), (ii) THE BANK OF NOVA SCOTIA, as Canadian administrative agent for the Canadian Revolving Len
EX-4.6 9 dex46.htm INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT EXECUTION VERSION INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT dated as of May 28, 2010 among AMERICAN TIRE DISTRIBUTORS, INC., AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC. and THE BANK OF...Intercreditor and Collateral Agency Agreement • May 5th, 2020 • New York
This Intercreditor and Collateral Agency Agreement (this “Agreement”) is entered into as of May 28, 2010 among AMERICAN TIRE DISTRIBUTORS, INC., a Delaware corporation (the “Company”), AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC., a Delaware corporation (“Holdings”), THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Collateral Agent (“Bank of New York” and, together with its successor or successors in such capacity, the “Collateral Agent”), and as Trustee for the Noteholders under the Indenture (each as defined below) (together with its successor or successors in such capacity, the “Trustee”).
FIRST AMENDMENT TO INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • March 5th, 2010 • Resaca Exploitation, Inc. • Crude petroleum & natural gas • Texas
This First Amendment to Intercreditor and Collateral Agency Agreement (this “Amendment”), dated as of June 26, 2009, is among RESACA EXPLOITATION, Inc. (fka Resaca Exploitation, LP) (the “Borrower”), Resaca Operating Company (the “Guarantor”); BP CORPORATION NORTH AMERICA INC. (the “Approved Hedge Counterparty”), CIT CAPITAL USA, INC., as Administrative Agent, and in its capacity as collateral agent hereunder (“Collateral Agent”) for the benefit of Creditors (as defined below).
EX-4.6 8 dex46.htm INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT EXECUTION COPY INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT dated as of August 7, 2009 among DUANE READE HOLDINGS, INC., DUANE READE INC., DUANE READE (a New York general partnership),...Intercreditor and Collateral Agency Agreement • May 5th, 2020 • New York
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT among STONEMOR GP LLC, STONEMOR PARTNERS L.P., STONEMOR OPERATING LLC, AND VARIOUS SUBSIDIARIES, as Credit Parties, VARIOUS LENDERS AND NOTEHOLDERS, and FLEET NATIONAL BANK, as Administrative Agent and...Intercreditor and Collateral Agency Agreement • November 15th, 2004 • Stonemor Partners Lp • Services-personal services • Pennsylvania
This INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT, dated September 20, 2004, and entered into by and among STONEMOR GP LLC, a Delaware limited liability company (the “General Partner”), STONEMOR PARTNERS L.P., a Delaware limited partnership (the “Partnership”), STONEMOR OPERATING LLC, a Delaware limited liability company (the “Operating Company”), the subsidiaries of the Operating Company party to the Loan Documents (as defined below) (together with the Operating Company, each individually a “Borrower” and collectively, the “Borrowers”), the Lenders, the Noteholders, and FLEET NATIONAL BANK, a Bank of America company, a national banking association (“Fleet”), in its capacity as administrative agent for the Lender Creditors (as defined below) (together with its successors and assigns from time to time, the “Administrative Agent”), and in its capacity as collateral agent for the Secured Creditors (as defined below) (together with its successors and assigns from time to time, the “Collat
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • November 7th, 2020 • California
This INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (this “Agreement”), dated as of February [____], 2001, is by and among the suppliers specified on Schedule I hereto, as amended from time to time (individually, a “Supplier” and collectively, the “Suppliers”), and U.S. Trust Company, National Association, a national banking association, acting as collateral agent (in such capacity, and each successor thereof acting in such capacity, “Agent”).
EX-4.7 8 c75442exv4w7.htm INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • May 5th, 2020 • Texas
THIS INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (this “Agreement”), dated as of February 28, 2003, is made by and among the holders of 8.02% Senior Notes due December 30, 2003 (together with their successors and assigns, the “1994 Noteholders”) of Butler Manufacturing Company (the “Company"), the holders of the Company’s 6.57% Senior Notes due March 20, 2013 (together with their successors and assigns, the “1998 Noteholders") and the holders of the Company’s 7.87% Senior Notes due December 30, 2016 (together with their successors and assigns, the “2001 Noteholders” and, together with the 1994 Noteholders and the 1998 Noteholders, collectively the “Noteholders” and individually a “Noteholder"); the following banks or other lenders: Bank of America, N.A., Commerce Bank, N.A. and U.S. Bank National Association (collectively, together with the other lenders from time to time party to the Credit Agreement (as defined below) and their successors and assigns, the “Banks” and each individua
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT dated as of November 16, 2012, among the other GRANTORS party hereto, BANK OF AMERICA, N.A., as Credit Agreement Collateral Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Notes Collateral Agent, and...Intercreditor and Collateral Agency Agreement • September 12th, 2013 • APX Group Holdings, Inc. • New York
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT dated as of November 16, 2012 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among 313 GROUP INC., a Delaware corporation (prior to the merger described below, the “Borrower”) which shall be merged with and into APX GROUP, INC., a Delaware corporation on the date hereof and APX GROUP, INC. shall from and after such merger be the “Borrower” for all purposes under this Agreement, the other Grantors party hereto, BANK OF AMERICA, N.A., in its capacity as collateral agent for the Credit Agreement Secured Parties (in such capacity, the “Credit Agreement Collateral Agent”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as collateral agent for the Senior Secured Notes Secured Parties (in such capacity, the “Notes Collateral Agent”), and each ADDITIONAL COLLATERAL AGENT from time to time party hereto as collateral agent for any First Lien Obligations (as defined below) of any other Class
AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • April 16th, 2007 • TRUEYOU.COM • Services-personal services • New York
AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (this “Agreement”) dated as of March 27, 2007 by and among Laurus Master Fund, Ltd., a Cayman Islands corporation (“Laurus”), North Sound Legacy International Ltd. (“NS International”), North Sound Legacy Institutional Fund LLC (“NS Institutional and, together with NS International, “North Sound”), Andrew D. Lipman (“Lipman”), and Seapine Investments LLC (“Seapine”, together with North Sound and Lipman, the “Investors” and together with Laurus in its individual capacity, the “Secured Parties”) and Laurus, as collateral agent (in such capacity, the “Collateral Agent”).
AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • April 13th, 2022 • Winmark Corp • Retail-miscellaneous retail • Minnesota
This Amended and Restated Intercreditor and Collateral Agency Agreement (this “Agreement”), dated as of this 12th day of April 2022, is by and among CIBC Bank USA (“CIBC”), The Prudential Insurance Company of America (“Prudential”), Pruco Life Insurance Company (“Pruco”), PAR U Hartford Life Insurance Comfort Trust (“PAR”), Prudential Annuities Life Assurance Corporation (“PALA”), The Prudential Life Insurance Company, Ltd. (“PLIC”), PGIM, Inc. (“PGIM”), CIBC, in its capacity as Bank Agent, CIBC, in its capacity as Collateral Agent, and the additional Senior Lenders that may from time to time become party hereto in accordance with the terms hereof. All terms used herein which are defined in Section 1 hereof or in the text of any other Section hereof shall have the meanings given therein.
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT Dated as of July 1, 2008 By and Among BANK OF AMERICA, N.A., AS COLLATERAL AGENT And BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT UNDER THE CREDIT FACILITY AGREEMENT ON BEHALF OF THE SECURED LENDER...Intercreditor and Collateral Agency Agreement • March 10th, 2010 • Kapstone Paper & Packaging Corp • Paper mills
ContractIntercreditor and Collateral Agency Agreement • May 5th, 2020 • New York
EX-10.3 5 exhibit103intercreditorand.htm EXHIBIT 10.3 Execution Version INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT This INTERCREDITOR AND COLLATERAL AGENCY 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 February 12, 2014, and entered into by and among NEW ENTERPRISE STONE & LIME CO., INC., a Delaware corporation (“NESL”), ASTI TRANSPORTATION SYSTEMS, INC., a corporation organized under the laws of the State of Delaware (“ASTI”), EII TRANSPORT INC., a corporation organized under the laws of the Commonwealth of Pennsylvania (“EII”), GATEWAY TRADE CENTER INC., a corporation organized under the laws of the State of New York (“Gateway”), PRECISION SOLAR CONTROLS INC., a corporation organized under the laws of the State of Texas (“Precision”), PROTECTION SERVICES INC., a corporation organized under the laws of the Commonwealth of Pennsylvania (“Protection”), SCI
Intercreditor and Collateral Agency Agreement Black and Veatch Holding CompanyIntercreditor and Collateral Agency Agreement • May 2nd, 2005
(as may be amended from time to time, this “Agreement”), is entered into by and among HARRIS TRUST AND SAVINGS BANK (“Harris”), in its capacity as Administrative Agent and as Collateral Agent (as hereinafter defined), SOUTHLAND-OVERLAND PARK DELAWARE BUSINESS TRUST (“Southland”) and the Bondholders party hereto (the "Bondholders") with the consent of the CITY OF OVERLAND PARK, KANSAS (the “City”) and COMMERCE BANK, N.A., as Trustee
EX-4.8 8 dex48.htm INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT Intercreditor and Collateral Agency Agreement with as the Collateral Agent PageIntercreditor and Collateral Agency Agreement • May 5th, 2020 • New York
EX-10.3 3 d556536dex103.htm EX-10.3 Execution Version INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT JOINDER AGREEMENTIntercreditor and Collateral Agency Agreement • May 5th, 2020 • New York
JOINDER AGREEMENT dated as of April 5, 2013 (as amended, modified or supplemented from time to time, this “Agreement”) among Bank of America, N.A., as administrative agent for the Term Credit Agreement (as defined below), (the “Term Credit Agreement Administrative Agent”), U.S. Bank National Association, as collateral agent for the Term Credit Agreement (the “Term Credit Agreement Collateral Agent”, and collectively with the Term Credit Agreement Administrative Agent, the “New Intercreditor Parties”), U.S. Bank National Association, as collateral agent under the Indenture (in such capacity, the “Notes Collateral Agent” and collectively with its capacity as Term Credit Agreement Collateral Agent, the “Collateral Agent”), U.S. Bank National Association, as trustee under the Indenture (in such capacity, the “Trustee”), Apria Healthcare Group Inc., a Delaware corporation (the “Company”) and the other Loan Parties signatory hereto. Defined terms used but not otherwise defined herein shall h
THIRD AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT Dated as of October 24, 2012 Among PRUDENTIAL INVESTMENT MANAGEMENT, INC. AND THE PRUDENTIAL NOTEHOLDERS, BANK OF AMERICA, N.A. as Administrative Agent, NORTHWEST PIPE COMPANY...Intercreditor and Collateral Agency Agreement • October 29th, 2012 • Northwest Pipe Co • Steel pipe & tubes • New York
THIS THIRD AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (“Agreement”), dated as of October 24, 2012, which amends and restates in its entirety that certain Second Amended and Restated Intercreditor and Collateral Agency Agreement, dated as of May 31, 2007, by and among Northwest Pipe Company, an Oregon corporation (the “Company”), certain parties hereto and certain other Persons, is entered into by and among (i) (a) Prudential Investment Management, Inc. (“PIM”), (b) The Prudential Insurance Company of America (“Prudential”), as the holder of the Prudential Series A Notes, a holder of Prudential Series B Notes, a holder of Prudential Series C Notes and the holder of the Prudential Series D Notes, (c) Prudential Retirement Insurance and Annuity Company (“PRIAC”) as a holder of Prudential Series B Notes and a holder of Prudential Series C Notes and (d) any other Prudential Affiliates that hereafter become initial purchasers of Prudential Shelf Notes and execute a Jo
May 11, 2004Intercreditor and Collateral Agency Agreement • November 12th, 2004 • Chalone Wine Group LTD • Beverages • New York
Reference is made to that certain Amended and Restated Intercreditor and Collateral Agency Agreement, dated as of April 19, 2002, among the Noteholders named in Schedule I thereto (collectively, together with their successors and assigns, the “Noteholders”), the Facility Lenders named in Schedule II thereto (collectively, the “Facility Lenders”; together with the Noteholders, collectively hereinafter referred to as the Secured Parties), Cöoperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank International”, New York Branch, as administrative agent for the Facility Lenders, and Cöoperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank International”, New York Branch, as collateral agent for the Agent and the Secured Parties (the “Collateral Agent”) and acknowledged and agreed to by The Chalone Wine Group, Ltd., a California corporation (the “Company”), Edna Valley Vineyard, a California general partnership, SHW Equity Co,, Canoe Ridge Vineyard, LLC, Canoe Ridge Winery, Inc
AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT BETWEEN GLAS AMERICAS LLC in its capacity as Collateral Agent GLAS USA LLC in its capacity as Paying Agent NORTHERN SWAN HOLDINGS, INC. as issuer the other Obligors party hereto from...Intercreditor and Collateral Agency Agreement • September 14th, 2020 • Clever Leaves Holdings Inc. • Pharmaceutical preparations • British Columbia
This AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of May 10, 2019 is between, among others, Northern Swan Holdings, Inc., a corporation organized under the laws of the Province of British Columbia, as issuer (the “Company”), GLAS Americas LLC, not in its individual capacity but solely as Collateral Agent for the rateable benefit of the Noteholders (the “Collateral Agent”), GLAS USA LLC, not in its individual capacity but solely as Paying Agent for the rateable benefit of the Noteholders (the “Paying Agent”), the noteholders from time to time party hereto (each individually a “Noteholder” and, collectively, the “Noteholders”), and the other Obligors from time to time party hereto.
SECOND AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • January 8th, 2002 • Arg Property Management Corp • Retail-eating places • New York
This SECOND AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (this "Agreement") is made as of the day of December, 2001, among (i) BNY Western Trust Company, formerly known as U.S. Trust Company, National Association, as successor to U.S. Trust Company of California, N.A. ("BNY"), as collateral agent (in such capacity, the "Collateral Agent") for the Secured Parties (as hereinafter defined), (ii) Foothill Capital Corporation (sometimes referred to herein as the "Agent"), (iii) BNY, as Trustee (in such capacity, the "Trustee") on behalf of the holders of Debentures (as defined below), and (iv) American Restaurant Group, Inc. ("ARG") and each of its subsidiaries listed on the signature pages hereto (together with ARG, collectively, the "Borrowers").
WEI ACQUISITION CO. Trade Creditors INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT Dated as of January 31, 1997Intercreditor and Collateral Agency Agreement • February 12th, 1997 • Wherehouse Entertainment Inc • Retail-record & prerecorded tape stores • California
This INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (thisIntercreditor and Collateral Agency Agreement • January 25th, 2024 • California
NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto hereby agree as follows:
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • February 15th, 2006 • Warnaco Group Inc /De/ • Women's, misses', children's & infants' undergarments • New York
This INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT, dated as of January 31, 2006, is entered into among CITICORP NORTH AMERICA, INC. (‘‘CNAI’’), as administrative agent for the Revolving Credit Lenders, Swing Loan Lenders and Issuers (in such capacity, the ‘‘Revolving Facility Agent’’), CNAI, as administrative agent for the Term Loan Lenders (in such capacity, the ‘‘Term Facility Agent’’), CNAI, as collateral agent for the Secured Parties (in such capacity, the ‘‘Collateral Agent’’), THE WARNACO GROUP, INC. (‘‘Group’’), WARNACO INC. (the ‘‘Company’’) and each other Loan Party.
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT, dated as of May 13, 2002, among (i) RESIDENTIAL FUNDING CORPORATION DBA GMAC-RFC HEALTH CAPITAL ("GMAC"), as joint collateral agent hereunder (in such capacity, together with its successors and assigns,...Intercreditor and Collateral Agency Agreement • May 20th, 2002 • Mariner Health Care Inc • Services-skilled nursing care facilities • New York
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • April 29th, 2008 • O'Donnell Thomas M • Services-prepackaged software • Illinois
THIS INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (as amended restated, supplemented or otherwise modified from time to time, this “Agreement”) is dated as of April 18, 2008 and entered into by and among the undersigned holders of Debentures (the “Investors”) and all persons and entities which hereafter may become holders of Debentures (as defined below) and parties to this Agreement (the “Additional Investors” and, collectively with the Investors, the “Holders”) and Bradley G. Griffith, as Agent for the Holders (in such capacity, the “Agent”), and Sand Technology Inc. (the “Company”).
SECOND AMENDED AND RESTATED U.S. INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • November 25th, 2005 • Crown Holdings Inc • Metal cans
This SECOND AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (as amended, amended and restated or otherwise modified from time to time in accordance with the terms hereof, herein called this “Agreement”) is dated as of February 26, 2003, amended and restated as of September 1, 2004 and further amended and restated as of November 18, 2005 among (i) DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent (as successor to Citicorp North America, Inc., as administrative agent under the 2004 Credit Agreement (as defined below)) (in such capacity, together with its successors and assigns, the “Administrative Agent”) for the Term B Dollar Lenders, Dollar Revolving Lenders from time to time party to the Credit Agreement (as defined below) and any other Term Lenders that from time to time advance Term Loans to CCSC (as defined below) or any U.S. Subsidiary of CCSC, (ii) DEUTSCHE BANK AG NEW YORK BRANCH, as U.K. administrative agent (as successor to Citibank International PLC
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT dated as of August 20, 2007 among EXTERRAN, INC., in its individual capacity and as Manager EXTERRAN ABS 2007 LLC, as Issuer WELLS FARGO BANK, NATIONAL ASSOCIATION, as Indenture Trustee WACHOVIA BANK,...Intercreditor and Collateral Agency Agreement • August 23rd, 2007 • Exterran Holdings Inc. • Services-equipment rental & leasing, nec • Texas
This INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT dated as of August 20, 2007 (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with the provisions hereof, this “Agreement”) is among:
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT,Intercreditor and Collateral Agency Agreement • December 25th, 2022 • California
of June 29, 2016 (this “Agreement”), is entered into by and among (i) Wilmington Trust, National Association, not in its individual capacity, but solely in its capacity as Collateral Agent (“Collateral Agent”), (ii) each of the creditors from time to time signatory hereto that are party to a Power Purchase Agreement (each such creditor defined below as a “PPA Provider”) and
FIRST AMENDED AND RESTATED U.S. INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • September 8th, 2004 • Crown Holdings Inc • Metal cans
This FIRST AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (as amended, amended and restated or otherwise modified from time to time in accordance with the terms hereof, herein called this “Agreement”) is dated as of February 26, 2003 and amended and restated as of September 1, 2004 among (i) CITICORP NORTH AMERICA, INC., as administrative agent (in such capacity, together with its successors and assigns, the “Administrative Agent”) for the Term B Dollar Lenders and Revolving Dollar Lenders from time to time party to the Credit Agreement (as defined below), (ii) CITIBANK INTERNATIONAL PLC, as U.K. administrative agent (in such capacity, together with its successors and assigns, the “U.K. Agent” and together with the Administrative Agent, the “Bank Agents”) for the New Term Euro Lenders and the Revolving Euro Lenders from time to time party to the Credit Agreement, (iii) WELLS FARGO BANK, N.A., as trustee (in such capacity, together with its successors and assigns, th
SECOND AMENDMENT TO AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • March 12th, 2013 • PostRock Energy Corp • Crude petroleum & natural gas • New York
THIS SECOND AMENDMENT TO AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (the “Amendment”) dated as of December 20, 2012 (the “Amendment Effective Date”) is entered into by and among ROYAL BANK OF CANADA, in its capacity as resigning administrative agent and resigning collateral agent under the First Lien Credit Agreement (as defined below), CITIBANK, N.A. in its capacity as successor administrative agent and successor collateral agent under the First Lien Credit Agreement for the First Lien Lenders (as defined below) (in such capacities, with its successors and assigns, the “First Lien Agent”), ROYAL BANK OF CANADA, in its capacity as resigning collateral agent under the Intercreditor Agreement (as defined below), CITIBANK, N.A., in its capacity as successor collateral agent under the Intercreditor Agreement for the Secured Parties (in such capacity, with its successors and assigns, the “Collateral Agent”), POSTROCK ENERGY SERVICES CORPORATION, a Delaware corporatio
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT among AUNA COLOMBIA S.A.S., as USD Borrower under the USD Credit Agreement ONCOSALUD S.A.C., as PEN Borrower under the PEN Credit Agreement the GUARANTORS referred to herein SCOTIABANK PERU S.A.A., as PEN...Intercreditor and Collateral Agency Agreement • September 30th, 2020 • Auna S.A.A. • Services-offices & clinics of doctors of medicine • New York
WHEREAS, the USD Borrower, the lenders from time to time party thereto (the “USD Lenders”), the hedge providers from time to time party thereto (the “Hedge Providers”) and the USD Administrative Agent have entered into a credit agreement, dated as of December 21, 2018 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “USD Credit Agreement”), providing for the making of loans to the USD Borrower in an aggregate principal amount up to U.S.$110,000,000;
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT among VARIOUS CREDITORS OF TELETECH HOLDINGS, INC. and BANK OF AMERICA, N.A., as Collateral AgentIntercreditor and Collateral Agency Agreement • March 8th, 2004 • Teletech Holdings Inc • Services-business services, nec • New York
This INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (this “Agreement”) dated as of October 24, 2003 is entered into among BANK OF AMERICA, N.A. (“Bank of America”) in its capacity as administrative agent for the Lenders (as defined below) under the Credit Agreement referred to below (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”), the Purchasers referred to below, various other creditors of TeleTech Holdings, Inc., a Delaware corporation (the “Company”), and BANK OF AMERICA, as Collateral Agent (as defined below).
July 10, 2009Intercreditor and Collateral Agency Agreement • July 23rd, 2009 • Spartech Corp • Miscellaneous plastics products
This letter is given to you pursuant to Section 5.7 of the Intercreditor Agreement and evidences the consent of the undersigned Creditors for the Collateral Agent to release the Collateral Agent’s security interest in all assets of certain Subsidiaries of the Borrower and any equity interests owned by the Borrower or other Debtors in such Subsidiaries in connection with the sale of such assets and equity interests upon the sale of such assets as previously disclosed to the Creditors in the Company’s Second Quarter 2009 Update to the Lenders and Noteholders dated June 15, 2009 and June 19, 2009, respectively, and in connection with proposed amendments to the Bank Credit Agreement, the Note Agreements and the Term Loan Agreement to be dated on or about the date of this letter.
