First Amendment to Intercreditor Agreement definition
Examples of First Amendment to Intercreditor Agreement in a sentence
After giving effect to this Amendment, the First Amendment to Note Purchase Agreement and the First Amendment to Intercreditor Agreement, no Lease Default, Lease Event of Default, Credit Agreement Default or Credit Agreement Event of Default exists.
The Agent, the Lessor and the Lessee shall have received executed counterparts of this Amendment, the First Amendment to Note Purchase Agreement and the First Amendment to Intercreditor Agreement from the parties signatory hereto and thereto and the Effective Date as defined in each such instrument shall have occurred.
Except as expressly set forth herein, in the First Amendment to Note Purchase Agreement and in the First Amendment to Intercreditor Agreement, the Lessee further agrees that the Lessor, the Agent and the Head Lessor reserve all rights, remedies and options under the Operative Documents to require the Lessee to perform all of its obligations under the Operative Documents which are then due and owing or are susceptible of performance, as the case may be.
All reasonable fees and costs and expenses of Mayer, Brown, ▇▇▇▇ & Maw, ▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇ LLP, ▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇ LLP and ▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇, PLLC in connection with the negotiation, execution and delivery of this Amendment, the First Amendment to Note Purchase Agreement and the First Amendment to Intercreditor Agreement and the transactions contemplated thereby shall have been paid in full by Lessee.
All approvals and consents required to be taken, given or obtained, as the case may be, by or from any Governmental Authority, any holder of any Indebtedness (as defined in the Lease Agreement and each of the Credit Agreements) or any other Person that are necessary in connection with the execution, delivery and performance of this Amendment and the First Amendment to Intercreditor Agreement by the Lessee have been taken, given or obtained, as the case may be, and are in full force and effect.
This First Amendment to Intercreditor Agreement is entered into as of the date and year first above written.
This Amendment, the First Amendment to Intercreditor Agreement, the First Amendment to Note Purchase Agreement and the other Operative Documents constitute the entire agreement among the parties hereto and thereto regarding the subject matter hereof and thereof and supersede all prior agreements and understandings, oral or written, regarding such subject matters.
The Residual Value Insurer (as defined in the Note Purchase Agreement) shall have delivered its written consent to the execution and delivery of this Amendment and, if required, the First Amendment to Note Purchase Agreement and the First Amendment to Intercreditor Agreement.
First Amendment to Intercreditor Agreement by and between The Director of Development of the State of Ohio and The Bank of New York Trust Company, NA, as NWOCBF Trustee and The Bank of New York Trust Company, NA, as agent and ▇▇▇▇▇▇-▇▇▇▇▇ County Port Authority, filed for record June 3, 2008 in Volume 2341, Page 491, of the ▇▇▇▇▇▇▇ County Records.
Except as expressly provided hereby and by the First Amendment to Note Purchase Agreement and the First Amendment to Intercreditor Agreement, all of the representations, warranties, terms, covenants and conditions of the Lease Agreement and each other Operative Document shall remain unamended and unwaived and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms.