EXHIBIT 10.39 AMENDED AND RESTATED INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor and Lien Subordination Agreement • May 8th, 2007 • TB Wood's INC • General industrial machinery & equipment, nec • New York
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EX-4.5 7 d332313dex45.htm AMENDED AND RESTATED INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT EXECUTION VERSION AMENDED AND RESTATED INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT among WELLS FARGO BANK, NATIONAL ASSOCIATION, as ABL Lender and as...Intercreditor and Lien Subordination Agreement • May 5th, 2020 • New York
AMENDED AND RESTATED INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT, dated as of January 27, 2017 (this “Intercreditor Agreement” as hereinafter further defined), among Wells Fargo Bank, National Association (the “ABL Lender” as hereinafter further defined), for itself and on behalf of the other ABL Secured Parties (as hereinafter defined), U.S. Bank National Association, in its capacity as collateral agent for the Noteholder Secured Parties (in such capacity, the “Collateral Agent” as hereinafter further defined), Liggett Group LLC, a Delaware limited liability company (the “Revolving Loan Borrower, and 100 Maple LLC, a Delaware limited liability company (the “Term Loan Borrower” and, together with the Revolving Loan Borrower, the “Borrowers” and each individually, a “Borrower”).
EX-99.F.10 4 dex99f10.htm INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT Exhibit F.10 INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT (RE: GUARANTY PLEDGED WARRANTS)Intercreditor and Lien Subordination Agreement • May 5th, 2020 • New York
THIS INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT (RE GUARANTY PLEDGED WARRANTS), dated as of March 6, 2006 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is by and among:
EX-10.9 10 dex109.htm SECOND AMENDMENT TO INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT SECOND AMENDMENT TO INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor and Lien Subordination Agreement • May 5th, 2020 • Massachusetts
THIS SECOND AMENDMENT TO INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT (this “Amendment”) is entered into as of April 29, 2005, by and among S.A.C. CAPITAL ASSOCIATES, LLC, a limited liability company organized under the laws of Anguila, as “Administrative Agent” and “Collateral Agent” for all Second Lien Lenders party to the Second Lien Credit Agreement as described more fully in the Intercreditor Agreement referred to below (the “Second Lien Agent”), THE WET SEAL, INC., a Delaware corporation (the “Lead Borrower”), THE WET SEAL RETAIL, INC., a Delaware corporation (“Wet Seal Retail”), WET SEAL CATALOG, INC., a Delaware corporation (collectively, with Wet Seal Retail and the Lead Borrower, the “Companies”), WET SEAL GC, INC., a Virginia corporation (the “Facility Guarantor”), and FLEET RETAIL GROUP, INC., as “Administrative Agent” and “Collateral Agent” for all of the First Lien Lenders party to the First Lien Credit Agreement as described more fully in the Intercreditor Agreement re
INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT among JPMORGAN CHASE BANK, N.A., as Senior Agent, THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee and Collateral Agent, ALTRA HOLDINGS, INC., ALTRA INDUSTRIAL MOTION, INC., and certain of...Intercreditor and Lien Subordination Agreement • March 9th, 2010 • Altra Holdings, Inc. • General industrial machinery & equipment, nec • New York
THIS INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT dated as of November 25, 2009 (this “Agreement”) is made by and among JPMORGAN CHASE BANK, N.A., as senior agent (the “Original Senior Agent”) under and pursuant to the Original Credit Agreement (as hereinafter defined), THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (“BNY Mellon”), in its capacity as collateral agent under the Indenture Agreements (as hereinafter defined) (in such capacity, the “Collateral Agent”), BNY Mellon, as Trustee under the Indenture Agreements (in such capacity, the “Trustee”), Altra Holdings, Inc., a Delaware corporation (“Parent”), Altra Industrial Motion, Inc., a Delaware corporation (“Company”), those certain subsidiaries of Company identified as Borrowers on the signature pages hereto (collectively with Company, the “Borrowers”) and those certain subsidiaries of Company identified as Guarantors on the signature pages hereto (collectively with Parent, the “Guarantors”).
SECOND AMENDED AND RESTATED INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor and Lien Subordination Agreement • February 21st, 2023 • Vector Group LTD • Cigarettes • New York
AGREEMENT, dated as of January 28, 2021 (this “Intercreditor Agreement” as hereinafter further defined), among Wells Fargo Bank, National Association, in its capacity as administrative agent (in such capacity, the “ABL Agent” as hereinafter further defined), for itself and on behalf of the other ABL Secured Parties (as hereinafter defined), U.S. Bank National Association, in its capacity as collateral agent for the Noteholder Secured Parties (in such capacity, the “Collateral Agent” as hereinafter further defined), Liggett Group LLC, a Delaware limited liability company (“Liggett Group”), and 100 Maple LLC, a Delaware limited liability company (“100 Maple” and, together with Liggett Group, the “Initial Borrowers”) and each other borrower under the ABL Loan Agreement from time to time that becomes party hereto pursuant to a Joinder Agreement (each, an “Other Borrower” and, together with the Initial Borrowers, the “Borrowers” and each individually, a “Borrower”).
INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor and Lien Subordination Agreement • May 13th, 2005 • 155 East Tropicana, LLC • New York
THIS INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT dated as of March 29, 2005 (this “Agreement”) is made by and among WELLS FARGO FOOTHILL, INC., in its capacity as the arranger and administrative agent (in such capacity, together with it successors and assigns (if any) in such capacity, the “Original Agent”) under and pursuant to the Loan Agreement (as hereinafter defined), THE BANK OF NEW YORK TRUST COMPANY, N.A. (“BNY”), solely in its capacity as collateral agent under the Indenture Loan Documents (as hereinafter defined) (in such capacity, the “Collateral Agent”), 155 EAST TROPICANA, LLC, a Nevada limited liability company (“Tropicana”), and 155 EAST TROPICANA FINANCE CORP., a Nevada corporation (“Tropicana Finance”; Tropicana and Tropicana and Finance, are referred to hereinafter each individually as a “Borrower,” and individually and collectively, jointly and severally, as the “Borrowers”).
INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor and Lien Subordination Agreement • December 9th, 2011 • Colonial Commercial Corp • Wholesale-hardware & plumbing & heating equipment & supplies • New York
THIS INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT (“Agreement”) is dated as of October 18, 2011, between (i) KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), whose address is 127 Public Square, Cleveland, Ohio 44114 Attn: Asset Based Lending, and (ii) each of GOODMAN MANUFACTURING COMPANY, L.P., a Texas limited partnership, GOODMAN COMPANY, L.P., a Delaware limited partnership, and GOODMAN SALES COMPANY, a Texas corporation (collectively “Goodman”), whose address is 5151 San Felipe, Suite 500, Houston, Texas 77056. KeyBank and Goodman may sometimes be referred to collectively as the “Creditors”.
FIRST AMENDMENT TO INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor and Lien Subordination Agreement • January 21st, 2005 • Wet Seal Inc • Retail-women's clothing stores • Massachusetts
THIS FIRST AMENDMENT TO INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT (this “Amendment”) is entered into as of January 14, 2005, by and among S.A.C. CAPITAL ASSOCIATES, LLC, a limited liability company organized under the laws of Anguila, as “Administrative Agent” and “Collateral Agent” for all Second Lien Lenders party to the Second Lien Credit Agreement as described more fully in the Intercreditor Agreement referred to below (the “Second Lien Agent”), THE WET SEAL, INC., a Delaware corporation (the “Lead Borrower”), THE WET SEAL RETAIL, INC., a Delaware corporation (“Wet Seal Retail”), WET SEAL CATALOG, INC., a Delaware corporation (collectively, with Wet Seal Retail and the Lead Borrower, the “Companies”), WET SEAL GC, INC., a Virginia corporation (the “Facility Guarantor”), and FLEET RETAIL GROUP, INC., as “Administrative Agent” and “Collateral Agent” for all of the First Lien Lenders party to the First Lien Credit Agreement as described more fully in the Intercreditor Agreement r
INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT among WELLS FARGO CAPITAL FINANCE, INC., as Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, THE MAJESTIC STAR CASINO, LLC., and certain of its Affiliates, as Debtors Dated as of December 1, 2011Intercreditor and Lien Subordination Agreement • December 23rd, 2011 • Majestic Holdco, LLC • Services-amusement & recreation services • New York
THIS INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT dated as of December 1, 2011 (this “Agreement”) is made by and among WELLS FARGO CAPITAL FINANCE, INC., as the arranger and administrative agent for certain lenders (the “Original Agent”) under and pursuant to the Loan Agreement (as hereinafter defined), WILMINGTON TRUST, NATIONAL ASSOCIATION, solely in its capacity as trustee and as collateral agent under the Indenture Loan Documents (as hereinafter defined) (in such capacities, the “Trustee”), THE MAJESTIC STAR CASINO, LLC, an Indiana limited liability company (“Parent”), and those certain affiliates of Parent party hereto from time to time (each a “Debtor”, and individually and collectively and jointly and severally, the “Debtors”).
INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor and Lien Subordination Agreement • 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”).
AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT Dated as of February 1, 2006 by and among WHITEHALL JEWELLERS, INC., as Borrower THE LENDING INSTITUTIONS FROM TIME TO TIME PARTY HERETO, as Lenders and PWJ LENDING LLC as Administrative Agent and...Intercreditor and Lien Subordination Agreement • February 3rd, 2006 • Whitehall Jewellers Inc • Retail-jewelry stores
This AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENT is made as of February 1, 2006, by and among (a) WHITEHALL JEWELLERS, INC. (the “Borrower”), a Delaware corporation having its principal place of business at 155 North Wacker Drive, Suite 500, Chicago, Illinois 60606; (b) the lending institutions from time to time party hereto (collectively, the “Lenders”); and (c) PWJ LENDING LLC (“Prentice”), a Delaware limited liability company, as administrative agent (in such capacity, the “Administrative Agent”) and the collateral agent (in such capacity, the “Collateral Agent”) for the Agents (as hereinafter defined) and the Lenders.
INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT among WACHOVIA BANK, NATIONAL ASSOCIATION, as ABL Lender and U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent and LIGGETT GROUP LLC, as Borrower and 100 MAPLE LLC, as Loan PartyIntercreditor and Lien Subordination Agreement • August 17th, 2007 • Vector Group LTD • Cigarettes • New York
INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT, dated as of August 16, 2007 (this “Intercreditor Agreement” as hereinafter further defined), among Wachovia Bank, National Association (the “ABL Lender” as hereinafter further defined), for itself and on behalf of the other ABL Secured Parties (as hereinafter defined), U.S. Bank National Association, in its capacity as collateral agent for the Noteholder Secured Parties (in such capacity, “Collateral Agent” as hereinafter further defined), Liggett Group LLC, a Delaware limited liability company, as successor to Liggett Group Inc., and 100 Maple LLC, a Delaware limited liability company (“Maple”).
INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT among WELLS FARGO FOOTHILL, INC., as Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent, POSTER FINANCIAL GROUP, INC. and certain of its SUBSIDIARIES, as Borrowers and Guarantors Dated as...Intercreditor and Lien Subordination Agreement • April 8th, 2004 • GNLV Corp • Asset-backed securities • New York
THIS INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT dated as of January 23, 2004 (this “Agreement”) is made by and among WELLS FARGO FOOTHILL, INC., in its capacity as the arranger, administrative agent, and documentation agent (in such capacity, together with it successors and assigns (if any) in such capacity, the “Original Agent”) under and pursuant to the Loan Agreement (as hereinafter defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, solely in its capacity as collateral agent (in such capacity, together with its successors and assigns (if any) in such capacity, the “Original Collateral Agent”) under the Noteholder Documents (as hereinafter defined), POSTER FINANCIAL GROUP, INC., a Nevada corporation (the “Parent”), and those certain subsidiaries of the Parent party hereto (the “Subsidiaries” and, together with the Parent, each, individually, a “Credit Party”, and collectively, the “Credit Parties”).
INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor and Lien Subordination Agreement • November 12th, 2004 • Wet Seal Inc • Retail-women's clothing stores • Massachusetts
THIS INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT is entered into as of November 9, 2004, by and among S.A.C. CAPITAL ASSOCIATES, LLC, a limited liability company organized under the laws of Anguila, as “Administrative Agent” and “Collateral Agent” for all Second Lien Lenders (as hereinafter defined) party to the Second Lien Credit Agreement described below, THE WET SEAL, INC., a Delaware corporation (the “Lead Borrower”), THE WET SEAL RETAIL, INC., a Delaware corporation (“Wet Seal Retail”), WET SEAL CATALOG, INC., a Delaware corporation (collectively, with Wet Seal Retail and the Lead Borrower, the “Companies”), WET SEAL GC, INC., a Virginia corporation (the “Facility Guarantor”), and FLEET RETAIL GROUP, INC., as “Administrative Agent” and “Collateral Agent” for all of the First Lien Lenders (as hereinafter defined) party to the First Lien Credit Agreement described below.
ContractIntercreditor and Lien Subordination Agreement • April 17th, 2006 • Majestic Star Casino LLC • Services-amusement & recreation services • New York