Exit Intercreditor Agreement definition

Exit Intercreditor Agreement means the intercreditor agreement by and among the Reorganized Debtors, the Exit ABL Facility Agent and the Exit Term Facility Agent, to be effective on the Effective Date, which agreement shall be (a) satisfactory in form and substance to the Debtors, the Reorganized Debtors, the Majority Consenting Term Lenders, the Exit ABL Facility Agent (with the consent of Exit ABL Facility Lenders as determined in accordance with the Exit ABL Facility terms), and the Exit Term Facility Agent (with the consent of Exit Term Facility Lenders holding, in the aggregate, at least 50.1% of the principal amount of the total outstanding loans under the Exit Term Facility as of such date) and (b) substantially in the form contained in the Plan Supplement.

Exit Intercreditor Agreement means an intercreditor agreement by and among the respective agents under the Exit Priority Term Loan Credit Agreement and the Exit Take Back Term Loan Credit Agreement in form and substance satisfactory to the Required Consenting First Lien Lenders and the Required Exit Priority Term Loan Facility Backstop Parties.

Exit Intercreditor Agreement means that certain intercreditor agreement, upon terms and conditions substantially similar to those of the DIP Intercreditor Agreement, subject to certain modifications acceptable to the Exit Lenders, including those set forth on Annex A to the Term Loan Exit Term Sheet. A form of the Exit Intercreditor Agreement shall be included in the Plan Supplement.

Examples of Exit Intercreditor Agreement in a sentence

• On and after the Effective Date, the relative Lien, payment, and enforcement priorities of (i) the Exit ABL Facility and the Exit Term Facility shall be governed by the terms of the Exit Intercreditor Agreement, and (ii) the Exit ABL Facility, the Exit Term Facility and the Subordinated Notes Facility shall be governed by the terms of the Subordinated Notes Intercreditor Agreement.

• On and after the Effective Date, the relative Lien, payment, and enforcement priorities of (i) the Exit Term Facility and the Exit ABL Facility shall be governed by the terms of the Exit Intercreditor Agreement, and (ii) the Exit Term Facility, the Exit ABL Facility and the Subordinated Notes Facility shall be governed by the terms of the Subordinated Notes Intercreditor Agreement.

• On the Effective Date, the Exit Facility Agent, on behalf of itself and each Exit Facility Lender, the New Second Lien Agent, on behalf of itself and each New Second Lien Lender, and the Debtors, inter alia, shall enter into the Exit Intercreditor Agreement.

• Except as provided in the Existing Intercreditor Agreement or the Exit Intercreditor Agreement, as applicable, all subordination rights that a holder of a Claim or Equity Interest may have with respect to any distribution to be made under the Plan, shall be discharged and terminated, and all actions related to the enforcement of such subordination rights shall be enjoined permanently.

• The Plan Supplement will include certain documents relating to the Plan and its consummation and implementation, including the Exit Credit Agreements, the Exit Intercreditor Agreement, the New Notes Indenture, the identity and affiliations of each of the officers and directors of the Reorganized Debtors, the identity of the initial New Notes Trustee, and a list of any executory contracts or unexpired leases to be rejected pursuant to the Plan.

More Definitions of Exit Intercreditor Agreement

Exit Intercreditor Agreement means the intercreditor agreement governing the rights of the Exit Facility Agent and the New Second Lien Agent with respect to the Exit Facility Collateral, which shall be in the same form as the Existing Intercreditor Agreement with such other modifications consistent with the Restructuring Support Agreement and as mutually agreed to among the Exit Facility Agent, the New Second Lien Agent, the Exit Facility Lenders, and the New Second Lien Lenders.

Exit Intercreditor Agreement means the intercreditor agreement(s) to be effective as of the Effective Date relating to the Exit Facilities, which may be the Existing Intercreditor Agreement or substantially similar to the Existing Intercreditor Agreement.

Exit Intercreditor Agreement means an intercreditor agreement by and among the agent under the Exit Take-Back Debt Facility and the agent under the Exit ABL Facility.

Exit Intercreditor Agreement means that certain intercreditor agreement governing the relative priorities between the collateral grants under the Exit ABL Credit Agreement and Exit Take Back Debt Agreement.

Exit Intercreditor Agreement means the intercreditor agreement between the Exit First Lien Agent and the Exit Second Lien Agent governing the relative rights of such parties with respect to the Exit First Lien Credit Facility and Exit Second Lien Credit Facility, the form of which is attached as Exhibit C.

Exit Intercreditor Agreement means the intercreditor agreement to be entered into as of the Effective Date among BHM Technologies Holdings, Inc., BHM Technologies LLC, LCPI as collateral agent under the Exit Term Loan, and the collateral agent under the Exit Facility, having substantially the terms set forth on Exhibit IV to the Plan.

Exit Intercreditor Agreement means the intercreditor agreement by and among the