Second Lien Pledge Agreement Sample Contracts

EX-10.20 15 d541813dex1020.htm EX-10.20 EXECUTION VERSION SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • May 5th, 2020 • New York

SECOND LIEN PLEDGE AGREEMENT, dated as of December 18, 2013 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Pledge Agreement”), among Garden Acquisition Holdings, Inc., a Delaware corporation (“Holdings”), Garden Merger Sub, LLC, a Delaware limited liability company (“MergerSub”), The Brickman Group Ltd. LLC, a Delaware limited liability company (the “Company”), each of the Subsidiaries listed on the signature pages hereto or that becomes a party hereto pursuant to Section 29 hereof (each such Subsidiary being a “Subsidiary Pledgor” and, collectively, the “Subsidiary Pledgors”; the Subsidiary Pledgors, Holdings, MergerSub and the Company are referred to collectively as the “Pledgors”), and Credit Suisse AG, as collateral agent (in such capacity, the “Collateral Agent”) for the benefit of the Secured Parties.

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AMENDED AND RESTATED SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • December 29th, 2008 • Prospect Medical Holdings Inc • Services-offices & clinics of doctors of medicine • New York

THIS AMENDED AND RESTATED SECOND LIEN PLEDGE AGREEMENT (this “Agreement”) is effective as of the 8th day of August, 2008, by and between Osmundo R. Saguil, M.D. (“Saguil” or the “Pledgor”) and Bank of America, N.A., as administrative agent, and its successors and assigns (collectively, the “Administrative Agent”) under the Credit Agreement (as defined below). Capitalized terms used herein, but not defined herein, shall have the respective meanings set forth in the Credit Agreement.

SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • July 17th, 2017 • National Vision Holdings, Inc. • Ophthalmic goods • New York

SECOND LIEN PLEDGE AGREEMENT, dated as of March 13, 2014 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Pledge Agreement”), among Nautilus Acquisition Holdings, Inc., a Delaware corporation (“Holdings”), Nautilus Merger Sub, LLC, a Delaware limited liability company (“MergerSub”), Vision Holding Corp., a Delaware corporation (the “Company”), National Vision, Inc., a Georgia corporation (“NVI”), each of the Subsidiaries listed on the signature pages hereto or that becomes a party hereto pursuant to Section 29 hereof (each such Subsidiary being a “Subsidiary Pledgor” and, collectively, the “Subsidiary Pledgors”; the Subsidiary Pledgors, Holdings, MergerSub and the Company are referred to collectively as the “Pledgors”), and Morgan Stanley Senior Funding, Inc., as collateral agent (in such capacity, the “Collateral Agent”) for the benefit of the Secured Parties.

EX-4.3 4 dex43.htm SECOND LIEN PLEDGE AGREEMENT Execution Version SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • May 5th, 2020 • New York

THIS SECOND LIEN PLEDGE AGREEMENT, dated as of October 6, 2010 (as amended, modified or supplemented from time to time, this “Agreement”), among Texas Competitive Electric Holdings Company LLC, a Delaware limited liability company (the “Company”), TCEH Finance, Inc. (“TCEH Finance” and, together with the Company, the “Issuers”), a Delaware corporation and a direct, wholly-owned subsidiary of the Company, each of the Subsidiaries of the Company listed on the signature pages hereto or that becomes a party hereto pursuant to Section 9 hereof (each such Subsidiary being a “Subsidiary Pledgor” and, collectively, the “Subsidiary Pledgors”; the Subsidiary Pledgors and the Issuers are referred to collectively as the “Pledgors”) and The Bank of New York Mellon Trust Company, N.A., as Collateral Agent (in such capacity, the “Collateral Agent”) for the benefit of the Second Lien Secured Parties (as defined below).

SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • June 2nd, 2008 • Hovnanian Enterprises Inc • Operative builders • New York

THIS SECOND LIEN PLEDGE AGREEMENT, dated as of May 27, 2008 (as restated, amended, modified or supplemented from time to time, the “Agreement”), is given by EACH OF THE UNDERSIGNED PARTIES LISTED ON THE SIGNATURE PAGES HERETO AND EACH OF THE OTHER PERSONS AND ENTITIES THAT BECOME BOUND HEREBY FROM TIME TO TIME BY JOINDER, ASSUMPTION OR OTHERWISE (each a “Pledgor” and collectively the “Pledgors”), as a Pledgor of the equity interests in the Companies (as defined herein), as more fully set forth herein, to DEUTSCHE BANK NATIONAL TRUST COMPANY, in its capacity as collateral agent, for the benefit of itself, the Trustee (as defined below) and the Noteholders (as defined below) (the “Secured Party”).

SECOND LIEN PLEDGE AGREEMENT among SHAY INTERMEDIATE HOLDING II CORPORATION, PAE HOLDING CORPORATION, CERTAIN OTHER SUBSIDIARIES OF PAE HOLDING CORPORATION and BANK OF AMERICA, N.A., as COLLATERAL AGENT Dated as of October 20, 2016
Second Lien Pledge Agreement • February 14th, 2020 • PAE Inc • Services-engineering, accounting, research, management • New York

SECOND LIEN PLEDGE AGREEMENT (as amended, modified, restated and/or supplemented from time to time, this “Agreement”), dated as of October 20, 2016, among each of the undersigned pledgors (each, a “Pledgor” and, together with any other entity that becomes a pledgor hereunder pursuant to Section 30 hereof, the “Pledgors”) and Bank of America, N.A., as collateral agent (together with any successor collateral agent, the “Pledgee” or the “Collateral Agent”), for the benefit of the Secured Creditors (as defined below). Except as otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.

SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • November 19th, 2010 • ReFinance America, LTD • New York

This Second Lien Pledge Agreement (this “Agreement”) dated as of April 7, 2010 by and among each of the undersigned pledgors (each, a “Pledgor” and, together with any other entity that becomes a pledgor hereunder pursuant to Section 26 hereof, the “Pledgors”) and U.S. BANK NATIONAL ASSOCIATION, as collateral agent pursuant to the Indenture (as hereinafter defined), and as a secured party (in such capacities, “Collateral Agent”).

SECOND LIEN PLEDGE AGREEMENT dated as of August 5, 2020 Between SEAWORLD ENTERTAINMENT, INC. and WILMINGTON TRUST, NATIONAL ASSOCIATION as Collateral Agent
Second Lien Pledge Agreement • August 10th, 2020 • SeaWorld Entertainment, Inc. • Services-miscellaneous amusement & recreation

SECOND LIEN PLEDGE AGREEMENT dated as of August 5, 2020, among SeaWorld Entertainment, Inc., a Delaware corporation (“Holdings”) and Wilmington Trust, National Association, as Collateral Agent for the Secured Parties (in such capacity, the “Collateral Agent”).

SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • July 9th, 2007 • Neff Rental Inc • Services-equipment rental & leasing, nec • New York

This SECOND LIEN PLEDGE AGREEMENT, dated as of May 31, 2007 (as the same may be amended, supplemented, restated or otherwise modified from time to time, this “Agreement”) between LYN HOLDINGS CORP., a Delaware corporation (“Holdings”), NEFF CORP., a Delaware corporation (“Parent Borrower”) and NEFF RENTAL, LLC, a Delaware limited liability company (“Neff Rental”) and each other Person which becomes party hereto as Pledgor (such Persons, together with Holdings, Parent Borrower and Neff Rental., collectively, the “Pledgors” and each, a “Pledgor”), and BANK OF AMERICA, N.A. in its capacity as Agent for Secured Parties (“Agent”).

SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • October 2nd, 2012 • Hovnanian Enterprises Inc • Operative builders • New York

THIS SECOND LIEN PLEDGE AGREEMENT, dated as of October 2, 2012 (as restated, amended, modified or supplemented from time to time, the “Agreement”), is given by K. HOVNANIAN ENTERPRISES, INC., a California corporation (the “Issuer”), HOVNANIAN ENTERPRISES, INC., a Delaware corporation (“Hovnanian”), EACH OF THE UNDERSIGNED PARTIES LISTED ON SCHEDULE A HERETO AND EACH OF THE OTHER PERSONS AND ENTITIES THAT BECOME BOUND HEREBY FROM TIME TO TIME BY JOINDER, ASSUMPTION OR OTHERWISE (together with the Issuer and Hovnanian, each a “Pledgor” and collectively the “Pledgors”), as a Pledgor of the equity interests in the Companies (as defined herein), as more fully set forth herein, to WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as collateral agent, for the benefit of itself, the Trustee (as defined below) and the Noteholders (as defined below) (the “Collateral Agent”).

SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • May 22nd, 2019 • Grocery Outlet Holding Corp. • Retail-grocery stores • New York

SECOND LIEN PLEDGE AGREEMENT, dated as of October 22, 2018 (this “Agreement”), among GLOBE INTERMEDIATE CORP., a Delaware corporation (“Holdings”; as further defined in the Credit Agreement), GOBP HOLDINGS, INC., a Delaware corporation (the “Borrower”), each of the subsidiaries of the Borrower listed on Schedule 1 hereto or that becomes a party hereto pursuant to Section 9(b) (each such subsidiary, individually, a “Subsidiary Pledgor” and, collectively, the “Subsidiary Pledgors”; and, together with Holdings and the Borrower, collectively, the “Pledgors”), and MORGAN STANLEY SENIOR FUNDING, INC., as collateral agent for the Second Lien Secured Parties (as defined below) (in such capacity, together with its successors, assigns, designees and sub-agents in such capacity, the “Collateral Agent”).

AMENDMENT TO SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • December 22nd, 2009 • Hovnanian Enterprises Inc • Operative builders • New York

THIS AMENDMENT, dated as of October 20, 2009 (the “Amendment”) to the Second Lien Pledge Agreement (as defined below) is entered into by and among K. HOVNANIAN ENTERPRISES, INC. (the “Company”), HOVNANIAN ENTERPRISES, INC. (“Hovnanian”), each of the entities listed on Schedule 1 hereto (each a “Pledgor”) and WILMINGTON TRUST COMPANY, as successor to Deutsche Bank National Trust Company (as “Collateral Agent”).

Contract
Second Lien Pledge Agreement • August 12th, 2024 • New York

This Second Lien Pledge Agreement is subject to, and has the benefit of, that certain Intercreditor Agreement dated as of [●] 2024, among UMB Bank, N.A. (as the “Intercreditor Agent”), [●] (the “Subordinated Creditor Attorney”), MOUNT STREET MORTGAGE SERVICING LIMITED, an English private limited company, as security agent, and Thadean, Inc., a Delaware corporation.

SECOND LIEN PLEDGE AGREEMENT
Second Lien Pledge Agreement • August 26th, 2009 • North American Technologies Group Inc /Tx/ • Industrial organic chemicals • Texas

TieTek Technologies, Inc., a Texas corporation (the “Pledgor”) in favor of Opus 5949 LLC (formerly known as Tie Investors, LLC), a Texas limited liability company (the “Lender”).

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