EX-10.21 28 d470550dex1021.htm EX-10.21 SECOND LIEN INTERCREDITOR AGREEMENTSecond Lien Intercreditor Agreement • May 5th, 2020 • New York
THIS SECOND LIEN INTERCREDITOR AGREEMENT is dated as of October 6, 2017, by and among VICI Properties 1 LLC, a Delaware limited liability company (the “Company”), VICI FC Inc., a Delaware corporation (“Finco” and collectively with the Company, the “Borrowers” or the “Issuers”), Wilmington Trust, National Association (“Wilmington Trust”), as Credit Agreement Agent, UMB Bank, National Association (“UMB”), as Initial Other First Priority Lien Obligations Agent, each Other First Priority Lien Obligations Agent from time to time party hereto, each in its capacity as First Lien Agent, UMB, as Trustee and each collateral agent for any Future Second Lien Indebtedness from time to time party hereto, each in its capacity as Second Priority Agent.
New Second Lien Intercreditor AgreementSecond Lien Intercreditor Agreement • December 24th, 2015 • New York
restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of [ ● ], and entered into by and among ROYAL BANK OF CANADA, as First Lien Representative for the Initial First Lien Claimholders (as defined below) (in such capacity and together with its successors and assigns from time to time in such capacity, “Initial First Lien Representative”), ROYAL BANK OF CANADA, as collateral agent for the Initial First Lien Claimholders (in such capacity and together with its successors and assigns from time to time in such capacity, the “Initial First Lien Collateral Agent”), [ ● ], as Second Lien Representative for the Initial Second Lien Claimholders (as defined below) (in such capacity and together with its successors and assigns from time to time in such capacity, the “Initial Second Lien Representative”), [ ● ], as collateral agent for the Initial Second Lien Claimholders (in such capacity and together with its successors and assigns from
EX-4.12 19 dex412.htm AMENDED AND RESTATED SECOND LIEN INTERCREDITOR AGREEMENT AMENDED AND RESTATED SECOND LIEN INTERCREDITOR AGREEMENTSecond Lien Intercreditor Agreement • May 5th, 2020 • New York
This AMENDED AND RESTATED SECOND LIEN INTERCREDITOR AGREEMENT (this “Agreement”), is dated as of December 24, 2010, and entered into by and among CAPITAL ONE, N.A. (“Capital One”), in its capacity as First Lien Agent for the First Lien Creditors, THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., in its capacity as Indenture Trustee (in such capacity, with its successors and assigns, the “Trustee”) and in its capacity as Collateral Agent (in such capacity, with its successors and assigns, the “Collateral Agent” and together with the Trustee, the “Second Lien Trustee”) for, on behalf of and in the stead of, the Second Lien Creditors, BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC (“BEEOO”) and BLACK ELK ENERGY FINANCE CORP. (“BEEFC”) and each of the other Loan Parties from time to time party hereto. Defined terms used in this preamble and the recitals below shall have the meanings set forth in Section 1 below.
SECOND LIEN INTERCREDITOR AGREEMENT Among CALLON PETROLEUM COMPANY, the other Grantors party hereto, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Senior Representative for the Senior Secured Parties, ROYAL BANK OF CANADA, as the Initial Second...Second Lien Intercreditor Agreement • October 14th, 2014 • Callon Petroleum Co • Crude petroleum & natural gas • New York
SECOND LIEN INTERCREDITOR AGREEMENT among ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY, TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, THE SUBSIDIARY GUARANTORS CITIBANK, N.A. as Senior Collateral Agent for the Senior Secured Parties and as...Second Lien Intercreditor Agreement • October 8th, 2010 • Energy Future Intermediate Holding CO LLC • Electric services • New York
SECOND LIEN INTERCREDITOR AGREEMENT dated as of October 6, 2010 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), among TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, a Delaware limited liability company (the “Company”), ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY, a Texas corporation (“U.S. Holdings”), the Subsidiary Guarantors (as defined in the Credit Agreement referred to below), CITIBANK, N.A., as collateral agent for the Senior Secured Parties (as defined below) (in such capacity, the “Senior Collateral Agent”) and as Representative for the Credit Agreement Secured Parties (in such capacity, the “Administrative Agent”), THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Representative for the Initial Second Priority Secured Parties (in such capacity and together with its successors in such capacity, the “Initial Second Priority Representative”), and each additional Second Priority Representative and Senior Representative that from time to tim
Relevant Provisions of the 1L-2L Intercreditor AgreementSecond Lien Intercreditor Agreement • October 12th, 2020
the right to purchase the First Lien Obligations shall be exercised pursuant to documentation mutually acceptable to the First Lien Collateral Agent, each First Lien Representative, the Second Lien Collateral Agent and each Second Lien Representative. If the Second Lien Claimholders reject such offer (or fail to accept such offer within the required time frame), the First Lien Claimholders shall have no further obligations pursuant to this Section 5.7 and may take any further actions in their sole discretion in accordance with the First Lien Documents and this Agreement. Each First Lien Claimholder will retain all rights to indemnification and expense reimbursement provided in the relevant First Lien Documents for all claims and other amounts relating to periods prior to the purchase of the First Lien Obligations pursuant to this Section 5.7. Upon the consummation of the purchase and sale of the First Lien Obligations, the First Lien Collateral Agent shall, at the request of the Second
Second Lien Intercreditor AgreementSecond Lien Intercreditor Agreement • February 21st, 2017 • Turning Point Brands, Inc. • Tobacco products • New York
This Second Lien Intercreditor Agreement (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of February 17, 2017 and entered into by and among Fifth Third Bank, an Ohio banking corporation, in its capacity as administrative agent under the First Lien Credit Agreement for the First Lien Claimholders (in such capacity and together with its successors from time to time in such capacity, the “First Lien Collateral Agent”), Prospect Capital Corporation, a Maryland corporation, in its capacity as administrative agent under the Second Lien Loan Agreement for the Second Lien Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Second Lien Collateral Agent”), and acknowledged and agreed to by Turning Point Brands, Inc., a Delaware corporation (“Turning Point”), North Atlantic Trading Company, Inc., a Delaware corporation (“NATC”; Turning Point and NATC are each individ
SECOND LIEN INTERCREDITOR AGREEMENT dated as of December 6, 2019,Second Lien Intercreditor Agreement • December 9th, 2019 • Mallinckrodt PLC • Pharmaceutical preparations • New York
This SECOND LIEN INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented and/or otherwise modified from time to time, this “Agreement”) is dated as of December 6, 2019, and entered into by and among DEUTSCHE BANK AG NEW YORK BRANCH, in its capacity as collateral agent and (where applicable) trustee for the First Lien Claimholders (as defined below) (in such capacity and together with its successors and assigns in such capacity, the “First Lien Collateral Agent”) and as administrative agent under the First Lien Credit Agreement (as defined below) (the “First Lien Credit Agreement Representative”), WILMINGTON SAVINGS FUND SOCIETY, FSB, in its capacity as collateral agent for the Second Lien Claimholders (as defined below) (in such capacity and together with its successors and assigns in such capacity, the “Second Lien Collateral Agent”) and as trustee under the Initial Second Lien Document (as defined below) (in such capacity and together with its successors and
SECOND LIEN INTERCREDITOR AGREEMENT Dated as of May 13, 2013 among CHINA MERCHANTS BANK CO., LTD., NEW YORK BRANCH as First Lien Representative and First Lien Collateral Agent for the First Lien Secured Parties, WILMINGTON TRUST, NATIONAL ASSOCIATION,...Second Lien Intercreditor Agreement • May 13th, 2013 • Ion Geophysical Corp • Oil & gas field exploration services • New York
SECOND LIEN INTERCREDITOR AGREEMENT dated as of May 13, 2013 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among CHINA MERCHANTS BANK CO., LTD., NEW YORK BRANCH (“CMB”), as administrative agent, as first lien representative for the First Lien Secured Parties (in such capacity and together with its successors in such capacity, and together with any Replacement First Lien Representative, the “First Lien Representative”) and collateral agent, (or the equivalent) for the First Lien Secured Parties (in such capacity and together with its successors in such capacity, and together with any Replacement First Lien Collateral Agent, the “First Lien Collateral Agent”), WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee, as second lien representative for the Second Lien Secured Parties (in such capacity and together with its successors in such capacity, the “Second Lien Representative”), U.S. Bank National Association, as coll
SECOND LIEN INTERCREDITOR AGREEMENTSecond Lien Intercreditor Agreement • March 17th, 2011 • FriendFinder Networks Inc. • Services-computer programming, data processing, etc. • New York
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and obligations herein set forth and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
First Amendment to the Second Lien Intercreditor AgreementSecond Lien Intercreditor Agreement • March 8th, 2018 • Turning Point Brands, Inc. • Tobacco products
This First Amendment to Second Lien Intercreditor Agreement (this “Amendment”), dated March 7, 2018, and entered into by and among Fifth Third Bank, an Ohio banking corporation, as First Lien Collateral Agent (the “First Lien Collateral Agent”), and Prospect Capital Corporation, a Maryland corporation, as Second Lien Collateral Agent (the “Second Lien Collateral Agent”), and acknowledged by Turning Point Brands, Inc., a Delaware corporation (the “Borrower”) and the other Grantors (as defined below).
