TEMPORARY LIQUIDITY FACILITY INTERCREDITOR AGREEMENTTemporary Liquidity Facility Intercreditor Agreement • May 5th, 2008 • Atari Inc • Services-prepackaged software • New York
This TEMPORARY LIQUIDITY FACILITY INTERCREDITOR AGREEMENT is dated as of April 30, 2008 and is entered into by and among ATARI, INC., a Delaware corporation (the “Borrower”), BLUEBAY HIGH YIELD INVESTMENTS (LUXEMBOURG) S.A.R.L. (in its individual capacity, and any successor thereto by merger, consolidation or otherwise, “BlueBay”), as Agent for the Secured Parties (each, as defined below) under the BlueBay Credit Agreement referred to below, and INFOGRAMES ENTERTAINMENT, S.A. (as the context may require, in its capacity as (i) Lender under (and as defined in) the IESA Credit Agreement (as defined below), and (ii) Secured Party under (and as defined in) the IESA Collateral Documents (as defined below), “IESA”).
