Examples of Prepetition Intercreditor Agreement in a sentence
The Prepetition Intercreditor Agreement is a “subordination agreement” within the meaning of Section 510(a) of the Bankruptcy Code in the Chapter 11 Cases.
The Prepetition ABL Agent and Prepetition Term Loan Agent are parties to the Prepetition Intercreditor Agreement.
The Prepetition Intercreditor Agreement provides, among other things, that the liens securing the Prepetition ABL Facility are senior in priority to the liens securing the Prepetition Term Loan Facility.
For the avoidance of doubt, (i) the DIP Term Priority Accounts (as defined in the DIP Term Credit Agreement) shall at all times solely constitute DIP Term Priority Collateral and (ii) each of the DIP Additional Accounts shall constitute DIP Term Priority Collateral or DIP ABL Priority Collateral, as the case may be, subject to and in accordance with the Prepetition Intercreditor Agreement as specified in paragraph 52 below.
Any repayment of the Prepetition Credit Facility Debt pursuant to this Interim Order shall not be deemed to constitute a “payment in full” of the Prepetition Credit Facility Debt as such term is used in the Prepetition Intercreditor Agreement, and the DIP Facility shall be subject to and have the benefit of the terms of the Prepetition Intercreditor Agreement to the same extent as the Prepetition Credit Facility.