Existing Intercreditor Deed definition

Existing Intercreditor Deed means the intercreditor deed entered into on or about the Signing Date between, among others, the Facility Agent and the Security Agent, the facility agent and security agent under the Existing Facility Agreement and UPC Broadband.
Sample 1
Existing Intercreditor Deed means an intercreditor deed dated 21 December 2004 between among others, Telewest Communications Networks Limited, Telewest UK Limited, Barclays Bank PLC as security trustee, Barclays Bank PLC as senior facility agent, the banks and financial institutions named therein as lenders, the parties named therein as lessors, lessees, lessors’ agent and the Restructuring Swap Counterparties.
Sample 1
Existing Intercreditor Deed means the intercreditor deed dated July 26, 2002, as amended and restated on December 5, 2002 among the Issuer, FIMAF and the original lenders under the Existing Senior Credit Facility and others, as it may be amended from time to time in accordance with the Indenture.
Sample 1

Examples of Existing Intercreditor Deed in a sentence

  • Amend the Security Documents to make conforming and/or consequential changes in connection with amendments to the Intercreditor Agreement, the Existing Security Deed and the Existing Intercreditor Deed contemplated by paragraph 28 above.

  • Each Obligor acknowledges and agrees to instruct the Security Agent that any moneys otherwise payable by the Security Agent to any of them pursuant to Clause 15.1(h) of the Existing Intercreditor Deed shall instead be paid to the High Yield Notes Trustee (until the High Yield Notes Discharge Date) and thereafter until the Final Discharge Date to the Senior Debt Holders (or such person or persons as they may appoint to receive it on their behalf) for application pursuant to Clause 6.1.

  • Subject to the terms of the Existing Intercreditor Deed, the Borrower will on demand pay or cause to be paid to the Lender the amount of all reasonable costs and expenses incurred by the Lender and any of its agents or attorneys (including legal fees and any value added tax or other similar tax thereon) in connection with the preservation or enforcement of any of the Lender's rights under any Subordinated Funding Loan Document.

  • Each of the Issuer, the Company, the Ultimate Parent, the other Obligors, the Subordinated Intra-Group Creditors, the Security Trustee, the FRN Note Trustee and the Hedge Counterparties acknowledges and agrees that this Deed supersedes and replaces the Existing Intercreditor Deed and that the terms and conditions of the Existing Intercreditor Deed are terminated as between each such entities.

  • Subject to the terms of the Existing Intercreditor Deed, the Borrower agrees to pay and will on demand reimburse the Lender and any of its agents or attorneys from and against any liability for any stamp, documentary, filing and other duties and taxes (if any) which are or become payable in connection with any Subordinated Funding Loan Document.

  • In the event of any conflict between the provisions hereof and the provisions of the Existing Intercreditor Deed, the Existing Intercreditor Deed shall prevail.

  • The provisions of the Existing Intercreditor Deed that govern the relationship between the parties hereto shall continue in full force and effect (as between those parties), notwithstanding the occurrence of the Senior Discharge Date.

  • At any time following the Final Discharge Date, each of the Borrower and the Lender agree to (and are authorised to) enter into such new Intercreditor Agreement(s) as may be necessary or required by future holders of Designated Senior Debt of the Borrower to ensure that the Advance is subordinated to such future Designated Senior Debt on the same terms as the Advance is currently subordinated to the Existing Senior Credit Facility pursuant to the Existing Intercreditor Deed as in effect on the date hereof.

  • Each Obligor hereby acknowledges and agrees for the benefit of the High Yield Notes Trustee and any Senior Debt Holders that the payment of the principal and interest on the Investor Debt and any other payment of any kind whatsoever in respect of or on account of the Investor Debt is subordinated to the extent and in the manner provided in the Existing Intercreditor Deed and under this Clause 5.

  • Liens over the Subordinated Intercompany Funding Loan and/or any Permitted Subordinated Funding Loan, in each case, securing any obligations of the Issuer under this Indenture, the Notes, or any Permitted Secured Public Indebtedness (and in the case of such Liens securing Permitted Secured Public Indebtedness, subject to and upon receipt of any required consent under the Existing Intercreditor Deed).


More Definitions of Existing Intercreditor Deed

Existing Intercreditor Deed means the intercreditor deed dated 26 July 2002, as amended and restated on 5 December 2002 among inter alia FIMEP, FIMAF, the Existing Senior Lenders (as defined therein) and others in the form set out in Schedule 2 hereto (as amended or supplemented from time to time in accordance with the provisions of the Indenture).
Sample 1
Existing Intercreditor Deed means the intercreditor deed dated 6 August 2004 (as amended and restated pursuant to a supplemental deed dated 27 April 2007, a second supplemental deed dated 3 March 2008 and a third supplemental deed dated 4 March 2009) between, inter alios, the Issuer, the Company, the Ultimate Parent, the other Obligors, the Security Trustee, the FRN Note Trustee and the Hedge Counterparties.
Sample 1

Related to Existing Intercreditor Deed

  • Intercreditor Deed means the intercreditor deed dated on or about the date of this Agreement initially by and among the Security Agent, the Lender, the Junior Investor, the Individual Obligor, the Onshore Parent Guarantor and the Borrower, as amended and supplemented from time to time pursuant to the terms thereto.

  • Existing Intercreditor Agreement means the existing intercreditor agreement dated 11 May 2007 (as amended by a letter dated 21 June 2007 and a further letter dated 29 June 2007, as amended and restated on 5 November 2009 and as further amended on 5 November 2010) between, inter alia, Beverage Packaging Holdings (Luxembourg) I S.A., Rank Group Holdings Limited (now Xxxxxxxx Group Holdings Limited), Beverage Packaging Holdings (Luxembourg) II S.A., Beverage Packaging Holdings (Luxembourg) III S.à x.x., Credit Suisse AG (formerly Credit Suisse) as security trustee and others.

  • ABL Intercreditor Agreement means the Intercreditor Agreement, dated as of July 26, 2022, by and among the Collateral Agent (as defined therein), the ABL Agent, and each additional representative party thereto from time to time, as amended, restated or otherwise modified from time to time in accordance with the terms thereof.

  • Intercreditor Agreement means the Intercreditor Agreement dated as of the Issue Date (and as may be amended, restated, amended and restated, supplemented or otherwise modified from time to time), between, among others, the Company, the Guarantors, the Trustee, the Collateral Agent, and each additional authorized representative and collateral agent from time to time party thereto.

  • Other Intercreditor Agreement an intercreditor agreement in form and substance reasonably satisfactory to the Borrower and the Collateral Agent.

  • First Lien Intercreditor Agreement means an agreement in substantially the form of Exhibit C, with such changes thereto as are reasonably acceptable to the Administrative Agent and the Company.

  • Junior Lien Intercreditor Agreement means an intercreditor agreement in form and substance reasonably satisfactory to the Administrative Agent between the Administrative Agent and one or more collateral agents or representatives for the holders of Indebtedness that is secured by a Lien on the Collateral ranking junior to the Liens of the Loan Documents.

  • Customary Intercreditor Agreement means (a) to the extent executed in connection with the Incurrence of secured Indebtedness Incurred by a Credit Party, the Liens on the Collateral securing which are intended to rank equal in priority to the Liens on the Collateral securing the Obligations (but without regard to the control of remedies), at the option of the Borrower and the Collateral Agent acting together in good faith, either (i) any intercreditor agreement substantially in the form of the Equal Priority Intercreditor Agreement or (ii) a customary intercreditor agreement in form and substance reasonably acceptable to the Collateral Agent and the Borrower, which agreement shall provide that the Liens on the Collateral securing such Indebtedness shall rank equal in priority to the Liens on the Collateral securing the Obligations (but without regard to the control of remedies) and (b) to the extent executed in connection with the Incurrence of secured Indebtedness Incurred by a Credit Party, the Liens on the Collateral securing which are intended to rank junior in priority to the Liens on the Collateral securing the Obligations, at the option of the Borrower and the Collateral Agent acting together in good faith, either (i) an intercreditor agreement substantially in the form of the Junior Priority Intercreditor Agreement or (ii) a customary intercreditor agreement in form and substance reasonably acceptable to the Collateral Agent and the Borrower, which agreement shall provide that the Liens on the Collateral securing such Indebtedness shall rank junior in priority to the Liens on the Collateral securing the Obligations.

  • Intercreditor Agreements means the First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement, collectively, in each case to the extent in effect.

  • Permitted Junior Intercreditor Agreement means, with respect to any Liens on Collateral that are intended to be junior to any Liens securing the Term B-1 Loans (and other Loan Obligations that are pari passu with the Term B-1 Loans) (including, for the avoidance of doubt, junior Liens pursuant to Section 2.21(b)(ii) and (v)), either (as the Borrower shall elect) (x) the First Lien/Second Lien Intercreditor Agreement if such Liens secure “Second Lien Obligations” (as defined therein), (y) another intercreditor agreement not materially less favorable to the Lenders vis-à-vis such junior Liens than the First Lien/Second Lien Intercreditor Agreement (as determined by the Borrower in good faith) or (z) another intercreditor agreement the terms of which are consistent with market terms governing security arrangements for the sharing of liens on a junior basis at the time such intercreditor agreement is proposed to be established in light of the type of Indebtedness to be secured by such liens, as determined by the Administrative Agent and the Borrower in the exercise of reasonable judgment.

  • Permitted Pari Passu Intercreditor Agreement means, with respect to any Liens on Collateral that are intended to be pari passu with the Liens securing the Term B Loans (and other Loan Obligations that are pari passu with the Term B Loans), either (as the Borrower shall elect) (x) the First Lien/First Lien Intercreditor Agreement, (y) another intercreditor agreement not materially less favorable to the Lenders vis-à-vis such pari passu Liens than the First Lien/First Lien Intercreditor Agreement (as determined by the Borrower in good faith) or (z) another intercreditor agreement the terms of which are consistent with market terms governing security arrangements for the sharing of liens on a pari passu basis at the time such intercreditor agreement is proposed to be established in light of the type of Indebtedness to be secured by such liens, as determined by the Administrative Agent and the Borrower in the exercise of reasonable judgment.

  • Acceptable Intercreditor Agreement means the Intercreditor Agreement, a Market Intercreditor Agreement, or another intercreditor agreement that is reasonably satisfactory to the Administrative Agent (which may, if applicable, consist of a payment “waterfall”).

  • ABL/Term Loan Intercreditor Agreement as defined in the recitals hereto.

  • Second Lien Intercreditor Agreement means the Second Lien Intercreditor Agreement substantially in the form of Exhibit H among the Administrative Agent and one or more Senior Representatives for holders of Permitted Second Priority Refinancing Debt, with such modifications thereto as the Administrative Agent may reasonably agree.

  • First Lien/Second Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, in each case, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • Additional Intercreditor Agreement has the meaning given to it in Section 4.23(b).

  • Pari Passu Intercreditor Agreement means an intercreditor agreement among the Administrative Agent and the other parties from time to time party thereto, substantially in the form of Exhibit I.

  • Collateral Agency and Intercreditor Agreement means that certain Collateral Agency and Intercreditor Agreement, dated as of January 31, 2008 (as amended, amended and restated, supplemented or otherwise modified from time to time in compliance with the terms of this Indenture), by and among the Company, the other guarantors from time to time party thereto, the secured debt representatives and the Collateral Agent.

  • Equal Priority Intercreditor Agreement means the Equal Priority Intercreditor Agreement substantially in the form of Exhibit G-1 among (x) the Collateral Agent and (y) one or more representatives of the holders of one or more classes of Permitted Additional Debt and/or Permitted Equal Priority Refinancing Debt, with any immaterial changes and material changes thereto in light of the prevailing market conditions, which material changes shall be posted to the Lenders not less than five Business Days before execution thereof and, if the Required Lenders shall not have objected to such changes within five Business Days after posting, then the Required Lenders shall be deemed to have agreed that the Administrative Agent’s and/or Collateral Agent’s entry into such intercreditor agreement (with such changes) is reasonable and to have consented to such intercreditor agreement (with such changes) and to the Administrative Agent’s and/or Collateral Agent’s execution thereof.

  • Intercreditor Arrangements means the First Lien Intercreditor Agreement and the Existing Intercreditor Agreement, in each case as amended, novated, supplemented, restated, or modified from time to time.

  • Junior Debt Documents means, collectively, any loan agreements, indentures, note purchase agreements, promissory notes, guarantees and other instruments and agreements evidencing the terms of any Junior Indebtedness.

  • Senior Debt Documents means (a) the Credit Agreement Loan Documents and (b) any Additional Senior Debt Documents.

  • Senior Security Documents means with respect to any Senior Secured Party, the Security Documents that secure the Senior Obligations.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Additional Senior Debt Documents means, with respect to any series, issue or class of Additional Senior Debt, the promissory notes, indentures, Collateral Documents or other operative agreements evidencing or governing such Indebtedness, including the Senior Collateral Documents.

  • Subordinated Debt Documents means any documents evidencing and/or securing Debt governed by a Subordination Agreement, all of which documents must be in form and substance acceptable to Agent in its sole discretion. As of the Closing Date, there are no Subordinated Debt Documents.