Prior Intercreditor Agreement definition
Examples of Prior Intercreditor Agreement in a sentence
By their execution and delivery of this Agreement, the Noteholders hereby consent and agree to the changes effected in the Security Documents from the collateral documents addressed in the Prior Intercreditor Agreement.
This Agreement amends and restates the Prior Intercreditor Agreement in its entirety.
For the purposes of the 2019 Note Agreement and 2020 Note Agreement this Agreement replaces the Prior Intercreditor Agreement and therefore constitutes an Additional Intercreditor Agreement for the purposes of, and as defined in, the 2019 Note Agreement and 2020 Note Agreement.
This Agreement shall supersede the Prior Intercreditor Agreement.
The Revolving Lender shall not be obligated to perform any obligation under this Agreement, and BFI shall not attempt to enforce any right or remedy under this Agreement, to the extent that the performance of such obligation by the Revolving Lender or the enforcement of such right or remedy by BFI would violate any obligation of the Revolving Lender, or interfere with the enforcement of any right or remedy of the Revolving Lender, under the Prior Intercreditor Agreement.
The parties acknowledge and agree that this Agreement does not constitute a termination of the rights and obligations under the Prior Intercreditor Agreement, all of which are in all respects continuing under this Agreement with only the terms being modified from and after the date hereof as provided in this Agreement.
This Agreement hereby amends and restates in its entirety the Prior Intercreditor Agreement.
This Agreement supercedes any prior agreement (whether oral or written) between any of the parties hereto with respect to the parties' respective priority in the Debtor's property, including (without limitation) the Prior Intercreditor Agreement.
The Prior Loan Parties, the Term Debt Representative and JPMorgan Chase Bank, N.A., as the "ABL Representative" thereunder entered into that certain Intercreditor Agreement dated as of July 2, 2009 (the "Prior Intercreditor Agreement").
All obligations of any party pursuant to the Prior Intercreditor Agreement are hereby terminated in their entirety and replaced with the obligations set forth in this Agreement, and the Prior Parent is released from all obligations and restrictions thereunder and hereunder.