Standard Contracts
SECOND LIEN COLLATERAL AGREEMENT dated as of November 22, 2021, among franchise group, inc., FRANCHISE GROUP NEWCO PSP, LLC, VALOR ACQUISITION, LLC, FRANCHISE GROUP NEWCO INTERMEDIATE AF, LLC, THE OTHER GRANTORS PARTY HERETO and ALTER DOMUS (US) LLC,...Second Lien Collateral Agreement • November 24th, 2021 • Franchise Group, Inc. • Patent owners & lessors • New York
SECOND LIEN COLLATERAL AGREEMENT, dated as of November 22, 2021 (this “Agreement”), among FRANCHISE GROUP, INC., a Delaware corporation (“Lead Borrower”), VALOR ACQUISITION, LLC, a Delaware limited liability company (“Valor”), FRANCHISE GROUP NEWCO INTERMEDIATE AF, LLC, a Delaware limited liability company (“NewCo AF”), FRANCHISE GROUP NEWCO PSP, LLC, a Delaware limited liability company (“FG Newco PSP”, and together with Lead Borrower, Valor and NewCo AF, individually and collectively, the “Borrower”), the other GRANTORS from time to time party hereto and ALTER DOMUS (US) LLC, as collateral agent (in such capacity, together with its permitted successors and assigns in such capacity, the “Collateral Agent”).
EX-4.4 9 d795918dex44.htm SECOND LIEN COLLATERAL AGREEMENT EXECUTION VERSION SECOND LIEN COLLATERAL AGREEMENT dated and effective as of October 24, 2014 among MOMENTIVE PERFORMANCE MATERIALS INC., as Issuer each Subsidiary Guarantor party hereto and...Second Lien Collateral Agreement • May 5th, 2020 • New York
Notwithstanding anything herein to the contrary, (i) the liens and security interests granted to the Collateral Agent pursuant to this Agreement are expressly subject and subordinate to the liens and security interests granted to (a) The Bank of New York Mellon Trust Company, N.A., as collateral agent (and its permitted successors) pursuant to the First Lien Collateral Agreement dated as of October 24, 2014 (as amended, restated, supplemented or otherwise modified from time to time), by and among Momentive Performance Materials Inc., The Bank of New York Mellon Trust Company, N.A., as collateral agent and the other parties party thereto, entered into in connection with the Indenture dated as of October 24, 2014 relating to the 3.88% First-Priority Senior Secured Notes due 2021, or (b) any agent or trustee for any other Senior Lenders (as defined in the Intercreditor Agreement referred to below), pursuant to, and (ii) the exercise of any right or remedy by the Collateral Agent hereunder
SECOND LIEN COLLATERAL AGREEMENT dated as of December 13, 2019, among SOTERA HEALTH TOPCO, INC., as Holdings, SOTERA HEALTH HOLDINGS, LLC, as Issuer, THE OTHER GRANTORS PARTY HERETO, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Second Lien Notes...Second Lien Collateral Agreement • October 23rd, 2020 • Sotera Health Co • Services-misc health & allied services, nec • New York
SECOND LIEN COLLATERAL AGREEMENT dated as of December 13, 2019 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) among SOTERA HEALTH HOLDINGS, LLC, a Delaware limited liability company (the “Issuer”), the other GRANTORS from time to time party hereto, SOTERA HEALTH TOPCO, INC., a Delaware corporation (“Holdings”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, solely in its capacity as “Second Lien Notes Collateral Agent” under the Indenture (in such capacity, the “ Second Lien Notes Collateral Agent”).
SECOND LIEN COLLATERAL AGREEMENT (CANADA) made by APPVION CANADA, LTD., in favour of as Collateral Agent Dated as of November 19, 2013Second Lien Collateral Agreement • November 22nd, 2013 • Appvion, Inc. • Converted paper & paperboard prods (no contaners/boxes) • Ontario
SECOND LIEN COLLATERAL AGREEMENT (CANADA), dated as of November 19, 2013 (as the same may be amended, restated, supplemented and/or otherwise modified from time to time, this “Agreement”), made by Appvion Canada, Ltd., a corporation formed under the laws of Canada (“Appvion Canada”; together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favour of U.S. Bank National Association, as collateral agent (in such capacity and together with its successors and assigns in such capacity, the “Collateral Agent”) for the Secured Parties (as defined below).
SECOND LIEN COLLATERAL AGREEMENT made by CARMIKE CINEMAS, INC. and certain of its Subsidiaries in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Trustee Dated as of June 17, 2015Second Lien Collateral Agreement • June 23rd, 2015 • Carmike Cinemas Inc • Services-motion picture theaters • New York
WHEREAS, reference is made to (a) that certain Indenture, dated as of the date hereof (as it may be amended, restated, supplemented or otherwise modified from time to time, the “Indenture”), by and among Carmike Cinemas, Inc., a Delaware corporation (the “Company”), the subsidiaries of the Company party thereto, and Wells Fargo Bank, National Association as trustee thereunder (the “Trustee”) and (b) that certain Collateral Trust Agreement, dated as of the date hereof (as it may be amended, restated, supplemented or otherwise modified from time to time, the “Collateral Trust Agreement”), by and among the Company, the subsidiaries of the Company party thereto from time to time, the Trustee, JPMorgan Chase Bank, National Association as Administrative Agent, and the Collateral Trustee;
SECOND LIEN COLLATERAL AGREEMENT Dated and effective as of May 19, 2011, among MARINER, LLC, CELTIC PACIFIC (UK) TWO LIMITED and SUPPLYSTILL LIMITED, as Pledgors, and WILMINGTON TRUST FSB, as Collateral AgentSecond Lien Collateral Agreement • November 30th, 2011 • Mariner, LLC • New York
SECOND LIEN COLLATERAL AGREEMENT dated and effective as of May 19, 2011 (this “Agreement”), among MARINER, LLC, a Marshall Islands limited liability company (“Mariner”), CELTIC PACIFIC (UK) TWO LIMITED, a company incorporated and existing under the laws of the Bahamas (“CP2”), and SUPPLYSTILL LIMITED, an English private limited company (“Supplystill” and together with Mariner and CP2, the “Pledgors”) and Wilmington Trust FSB, as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined below).
SECOND LIEN COLLATERAL AGREEMENT dated as of September 22, 2009 among MXENERGY HOLDINGS INC., MXENERGY ELECTRIC INC., MXENERGY INC., and THE OTHER PARTIES HERETO, as Grantors, and LAW DEBENTURE TRUST COMPANY OF NEW YORK, as Collateral AgentSecond Lien Collateral Agreement • September 28th, 2009 • MxEnergy Holdings Inc • Natural gas distribution • New York
Second Lien Collateral Agreement, dated as of September 22, 2009 (this “Agreement”), among MxEnergy Holdings Inc., a Delaware corporation (“Holdings”), and each Subsidiary of Holdings listed on Schedule 1 hereto (together with Holdings and any other Person that becomes a party hereto as provided herein, collectively, the “Grantors”) and Law Debenture Trust Company of New York, as collateral agent (in such capacity, together with any successor collateral agent, the “Collateral Agent”) for the benefit of the Trustee (as defined below) and the Noteholders (as defined below) (collectively, the “Secured Party”).
SECOND LIEN COLLATERAL AGREEMENTSecond Lien Collateral Agreement • August 4th, 2008 • Global Geophysical Services Inc • Oil & gas field exploration services • New York
SECOND LIEN COLLATERAL AGREEMENT (this “Agreement”), dated as of January 16, 2008, by and among GLOBAL GEOPHYSICAL SERVICES, INC., a Delaware corporation (the “Borrower”), GGS INTERNATIONAL HOLDINGS, INC., a Texas corporation (“GGS International”), AUTOSEIS, INC., a Texas corporation (“Autoseis”) and any Additional Grantor (as defined below) who may become party to this Agreement (Autoseis, GGS International and such Additional Grantors, collectively, with the Borrower, the “Grantors” and each, a “Grantor”), in favor of CREDIT SUISSE, as second lien Collateral Agent (in such capacity, the “Collateral Agent”) for the ratable benefit of the Secured Parties (such term and each other capitalized term used but not defined herein having the meaning assigned thereto in the Credit Agreement), including the banks and other financial institutions (the “Lenders”) from time to time parties to the Second Lien Credit Agreement, dated of even date herewith (as amended, restated, supplemented or other
SECOND LIEN COLLATERAL AGREEMENT made by EACH OF THE GRANTORS PARTY HERETO in favor of U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent Dated as of February 4, 2014Second Lien Collateral Agreement • March 31st, 2014 • SFX Entertainment, INC • Services-amusement & recreation services • New York
SECOND LIEN COLLATERAL AGREEMENT, dated as of February 4, 2014, made by SFX Entertainment, Inc. a Delaware corporation (the “Issuer”), the other Persons listed on the signature pages hereof and the Additional Grantors (as defined herein) in favor of U.S. Bank National Association, as collateral agent (in such capacity, together with any successor agent, the “Collateral Agent”) for the Holders (the “Secured Parties”) of the Second Lien Senior Secured Notes due 2019, issued pursuant to the terms of that certain Indenture, dated as the date hereof, by and among the Issuer, the other Grantors and U.S. Bank National Association, as Trustee and Collateral Agent (as amended, restated, supplemented waived and/or otherwise modified from time to time, the “Indenture”).
SECOND LIEN collateral AGREEMENT among DIFFERENTIAL BRANDS GROUP INC., certain of its Subsidiaries and as Second Lien Collateral Agent Dated as of October 29, 2018Second Lien Collateral Agreement • November 2nd, 2018 • Centric Brands Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
SECOND-LIEN COLLATERAL AGREEMENT made by PAPERWEIGHT DEVELOPMENT CORP., APPLETON PAPERS INC., and certain of its Subsidiaries in favor of U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent Dated as of September 30, 2009Second-Lien Collateral Agreement • August 11th, 2011 • Paperweight Development Corp • Converted paper & paperboard prods (no contaners/boxes) • New York
SECOND-LIEN COLLATERAL AGREEMENT, dated as of September 30, 2009, made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the "Grantors"), in favor of U.S. Bank National Association, as collateral agent (in such capacity and together with its successors and assigns in such capacity, the "Collateral Agent") for the Secured Parties (as defined below).
SECOND LIEN COLLATERAL AGREEMENT dated as of February 15, 2012, among TAMINCO INTERMEDIATE CORPORATION, TAMINCO GLOBAL CHEMICAL CORPORATION, THE OTHER GRANTORS PARTY HERETO and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral AgentSecond Lien Collateral Agreement • April 3rd, 2013 • TAMINCO ACQUISITION Corp • Industrial organic chemicals • New York
SECOND LIEN COLLATERAL AGREEMENT dated as of February 15, 2012 (this “Agreement”), among TAMINCO INTERMEDIATE CORPORATION, a Delaware corporation (“Holdings”), TAMINCO GLOBAL CHEMICAL CORPORATION, a Delaware corporation (the “Issuer”), the other GRANTORS from time to time party hereto and WILMINGTON TRUST, NATIONAL ASSOCIATION, as the collateral agent (in such capacity, the “Collateral Agent”).
SECOND LIEN COLLATERAL AGREEMENTSecond Lien Collateral Agreement • January 19th, 2010 • Global Geophysical Services Inc • Oil & gas field exploration services • New York
SECOND LIEN COLLATERAL AGREEMENT (this “Agreement”), dated as of January 16, 2008, by and among GLOBAL GEOPHYSICAL SERVICES, INC., a Delaware corporation (the “Borrower”), GGS INTERNATIONAL HOLDINGS, INC., a Texas corporation (“GGS International”), AUTOSEIS, INC., a Texas corporation (“Autoseis”) and any Additional Grantor (as defined below) who may become party to this Agreement (Autoseis, GGS International and such Additional Grantors, collectively, with the Borrower, the “Grantors” and each, a “Grantor”), in favor of CREDIT SUISSE, as second lien Collateral Agent (in such capacity, the “Collateral Agent”) for the ratable benefit of the Secured Parties (such term and each other capitalized term used but not defined herein having the meaning assigned thereto in the Credit Agreement), including the banks and other financial institutions (the “Lenders”) from time to time parties to the Second Lien Credit Agreement, dated of even date herewith (as amended, restated, supplemented or other
SECOND LIEN COLLATERAL AGREEMENT dated as of August 18, 2016, among ZUFFA GUARANTOR, LLC, UFC HOLDINGS, LLC, VGD MERGER SUB, LLC, THE OTHER GRANTORS PARTY HERETO and DEUTSCHE BANK AG NEW YORK BRANCH, as Collateral AgentSecond Lien Collateral Agreement • April 30th, 2019 • Endeavor Group Holdings, Inc. • Services-amusement & recreation services • New York
SECOND LIEN COLLATERAL AGREEMENT dated as of August 18, 2016 (this “Agreement”), among ZUFFA GUARANTOR, LLC, a Delaware limited liability company (“Holdings”), UFC Holdings, LLC (“UFC Holdings”), VGD MERGER SUB, LLC, a Delaware limited liability company (“VGD Merger Sub”) (which on the Effective Date shall be merged with and into UFC Holdings with UFC Holdings surviving such merger), the other GRANTORS from time to time party hereto and DEUTSCHE BANK AG NEW YORK BRANCH, as Collateral Agent (in such capacity and together with successors in such capacity, the “Collateral Agent”).
SECOND LIEN COLLATERAL AGREEMENT dated as of November 9, 2012, among WP EXPEDITION HOLDINGS L.P., EIG INVESTORS CORP., THE OTHER GRANTORS PARTY HERETO and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative AgentSecond Lien Collateral Agreement • September 13th, 2013 • Endurance International Group Holdings, Inc. • Services-prepackaged software • New York
SECOND LIEN COLLATERAL AGREEMENT dated as of November 9, 2012 (this “Agreement”), among WP EXPEDITION HOLDINGS L.P., EIG INVESTORS CORP., the other GRANTORS from time to time party hereto and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”).
SECOND LIEN COLLATERAL AGREEMENT made by CLEARWIRE COMMUNICATIONS LLC and certain of its Subsidiaries in favor of Wilmington Trust FSB, as Second- Priority Collateral Agent Dated as of December 9, 2010Second Lien Collateral Agreement • December 13th, 2010 • Clearwire Corp /DE • Communications services, nec • New York
SECOND LIEN COLLATERAL AGREEMENT, dated as of December 9, 2010, among CLEARWIRE COMMUNICATIONS LLC (the “Company”), CLEARWIRE FINANCE, INC. (“Finance Co” and together with the Company, the “Issuers”), all of the other Subsidiaries of the Issuers listed on Annex A hereto or that become a party hereto pursuant to Section 7.16 hereof (each such subsidiary being a “Guarantor” and, the Guarantors, Finance Co and the Company are referred to collectively as the “Grantors”), and Wilmington Trust FSB, as collateral agent (the “Second-Priority Collateral Agent”), pursuant to an indenture, dated as of December 9, 2010 (as amended, supplemented or otherwise modified from time to time, the “Second-Priority Indenture”) among the Issuers, each Guarantor, and Wilmington Trust FSB, as trustee (the “Second-Priority Trustee”) on behalf of the holders of the Second-Priority Notes (as defined below) (the “Holders”). Capitalized terms used but not defined herein shall have the meanings assigned to them in t
SECOND LIEN COLLATERAL AGREEMENTSecond Lien Collateral Agreement • June 2nd, 2008 • Prospect Medical Holdings Inc • Services-offices & clinics of doctors of medicine • New York
SECOND LIEN COLLATERAL AGREEMENT (this “Agreement”), dated as of August 8, 2007 by and among PROSPECT MEDICAL HOLDINGS, INC., a Delaware corporation (“Holdings”), PROSPECT MEDICAL GROUP, INC., a California professional corporation (together with Holdings, the “Borrowers”), each of the Guarantors (as defined in the Credit Agreement referred to below) and identified on the signature pages hereto and any Additional Grantor (as defined below) who may become party to this Agreement (such Guarantors and Additional Grantors, collectively, with the Borrowers, the “Grantors”), in favor of BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for the ratable benefit of the Secured Parties.
made bySecond-Lien Collateral Agreement • October 6th, 2009 • Paperweight Development Corp • Converted paper & paperboard prods (no contaners/boxes) • New York
