Intercreditor and Collateral Agency Agreement definition

Intercreditor and Collateral Agency Agreement means the Intercreditor and Collateral Agency Agreement, dated as of the Closing Date, among the Borrower, the Guarantors, the New Notes Trustee, the Administrative Agent, the New Pyxus Loan Administrative Agent, the Senior Collateral Agent (as defined therein) and the other parties from time to time party thereto.

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Intercreditor and Collateral Agency Agreement means the Intercreditor and Collateral Agency Agreement dated as of the date hereof between the Restricted Companies, the Vendors, the Administrative Agent and the Collateral Agent.

Intercreditor and Collateral Agency Agreement means an Intercreditor and Collateral Agency Agreement substantially in the form of Exhibit D between the Restricted Companies, the Vendors, the Administrative Agent and the Collateral Agent.

Examples of Intercreditor and Collateral Agency Agreement in a sentence

• The Administrative Agent shall not be under any obligation to any Lender to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement, any other Loan Document or the Intercreditor and Collateral Agency Agreement, or to inspect the properties, books or records of the Borrower or any other Loan Party.

• The Administrative Agent shall be fully justified in failing or refusing to take any action under this Agreement, any other Loan Document or the Intercreditor and Collateral Agency Agreement unless it shall first receive such advice or concurrence of the Majority Lenders as it deems appropriate or it shall first be indemnified to its satisfaction by the Lenders against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

• If the Parties fail to reach an agreement on the settlement of the dispute within 30 days after either Party requests the other Party to settle the dispute through consultation, either Party may submit the dispute to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration.

• With respect to the Advances made by it, the Administrative Agent shall have the same rights and powers under this Agreement, the other Loan Documents and the Intercreditor and Collateral Agency Agreement as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

• The Administrative Agent may execute any of its duties under this Agreement, the other Loan Documents to which it is a party and the Intercreditor and Collateral Agency Agreement by or through agents or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties.

More Definitions of Intercreditor and Collateral Agency Agreement

Intercreditor and Collateral Agency Agreement means the Intercreditor and Collateral Agency Agreement, dated [Date], among the Collateral agent, Party B and the PPA Providers party thereto from time to time. Party A has joined the Intercreditor and Collateral Agency Agreement as a PPA Provider.

Intercreditor and Collateral Agency Agreement means the Amended and Restated Intercreditor and Collateral Agency Agreement dated as of June 23, 2003, among the Company, certain other parties thereto from time to time (as specified therein) and the Collateral Agent, as amended, modified and supplemented and in effect from time to time.

Intercreditor and Collateral Agency Agreement shall have the meaning given hereto in the recitals.

Intercreditor and Collateral Agency Agreement means the Intercreditor and Collateral Agency Agreement, dated as of March 1, 2021, as amended and supplemented in accordance with the terms hereof, by and among (i) RCB, in its capacity as collateral agent, (ii) each of the creditors from time-to-time signatory thereto that are party to a PPA, and (iii) SDCP.

Intercreditor and Collateral Agency Agreement means the agreement governing the respective rights in property of the Debtors securing parties to the Working Capital Facility, the New Senior Secured Notes Indenture, and the New Secured PIK Notes Indenture substantially in the form Filed as Exhibit "9" to the Plan at or prior to the Confirmation Hearing.

Intercreditor and Collateral Agency Agreement means the Intercreditor and Collateral Agency Agreement dated as of October 30, 2003, by and among Agent, the Term Loan B Agent and the Collateral Agent.

Intercreditor and Collateral Agency Agreement means the Intercreditor and Collateral Agency Agreement, dated as of February 28, 2019, among the Collateral Agent, 3 Phases and the PPA Providers party thereto from time to time.