Examples of DIP ABL Priority Collateral in a sentence
In furtherance thereof, the DIP Term Agent agrees that it will execute any and all Lien releases or other documents reasonably requested by the DIP ABL Agent in connection therewith, so long as the net cash proceeds from such sale or other disposition of such DIP ABL Priority Collateral are applied in accordance with the terms of this Agreement.
In the event that the DIP Term Agent shall, in the exercise of its rights under the DIP Term Collateral Documents or otherwise, obtain title to any Intellectual Property previously owned by any of the DIP ABL Credit Parties, the DIP Term Agent hereby irrevocably grants the DIP ABL Agent a non-exclusive license or other right to use, without charge, such Intellectual Property as it pertains to the DIP ABL Priority Collateral in advertising for sale and selling any DIP ABL Priority Collateral.
If such sale of Collateral includes both DIP ABL Priority Collateral and DIP Term Priority Collateral and the Parties are unable to agree on the allocation of the purchase price between the DIP ABL Priority Collateral and DIP Term Priority Collateral, either Party may apply to the court in such Insolvency Proceeding to make a determination of such allocation, and the court’s determination shall be binding upon the Parties.
Except to the extent expressly set forth in this Agreement, the DIP Term Agent, for itself and on behalf of the DIP Term Secured Parties, hereby waives any and all rights it or the DIP Term Secured Parties may have as a junior lien creditor or otherwise to contest, protest, object to, or interfere with the manner in which the DIP ABL Agent seeks to enforce its Liens in any DIP ABL Priority Collateral.
In addition, subject to the terms hereof, the DIP ABL Agent may advertise and conduct public auctions or private sales of the DIP ABL Priority Collateral without notice to, the involvement of or interference by any DIP Term Secured Party or liability to any DIP Term Secured Party.
The DIP Term Agent agrees, on behalf of itself and the DIP Term Lenders, that it will not oppose any sale consented to by the DIP ABL Agent of any DIP ABL Priority Collateral pursuant to Section 363(f) of the Bankruptcy Code (or any similar provision under the law applicable to any Insolvency Proceeding) so long as the proceeds of such sale are applied in accordance with this Agreement.
By: ___________________________ Name: Title: INTERCREDITOR AGREEMENT NYDOCS02/867883.5 Schedule A DIP ABL Priority Collateral Accounts LEGAL_US_E # 00000000.5 Schedule B DIP ABL Guarantors and DIP Term Guarantors DIP ABL Guarantors: MILACRON CAPITAL HOLDINGS B.V. MILACRON CANADA LTD.
In addition, subject to the terms hereof, the DIP ABL Agent may advertise and conduct public auctions or private NYDOCS02/867883.5 sales of the DIP ABL Priority Collateral without notice to, the involvement of or interference by any DIP Term Secured Party or liability to any DIP Term Secured Party.
By: ___________________________ Schedule A DIP ABL Priority Collateral Accounts Schedule B DIP ABL Guarantors and DIP Term Guarantors DIP ABL Guarantors: MILACRON CAPITAL HOLDINGS B.V. MILACRON CANADA LTD.
Except to the extent expressly set forth in this Agreement, the DIP Term Agent, for itself and on behalf of the DIP Term Secured Parties, agrees that none of the DIP Term Agent or any DIP Term Secured Party will take any action that would interfere with any Exercise of Secured Creditor Remedies undertaken by the DIP ABL Agent under the DIP ABL Documents with respect to the DIP ABL Priority Collateral.