Examples of Second Lien Intercreditor and Subordination Agreement in a sentence
Each Purchaser, by accepting this Note, consents and agrees to the terms of the Collateral Documents (including the provisions providing for the foreclosure and release of Collateral) and the Second Lien Intercreditor and Subordination Agreement, each as may be in effect or may be amended from time to time in accordance with their terms and the Note Purchase Agreement.
The Purchaser Representative holds the Collateral in trust for the benefit of the Secured Parties, pursuant to the Collateral Documents and the Second Lien Intercreditor and Subordination Agreement.
Each Lender hereby acknowledges that the receipt of any such payments is subject to the terms of the Second Lien Intercreditor and Subordination Agreement.
Subject to the terms of the Second Lien Intercreditor and Subordination Agreement: (i) the Borrower shall (A) on September 30, 2007, prepay an aggregate principal amount of the Advances in an amount equal to 100% of the amount of Excess Cash Flow for Fiscal Year 2006 and (B) on the 90th day following the end of each Fiscal Year commencing with the 2007 Fiscal Year, prepay an aggregate principal amount of the Advances in an amount equal to 100% of the amount of Excess Cash Flow for such Fiscal Year.
Notwithstanding the foregoing, neither the consent of any Agent nor the consent of any Lender shall be required to effectuate any amendments, modifications, waivers or releases required by the terms of Section 2.5 and/or Section 2.8 of the Second Lien Intercreditor and Subordination Agreement.
The rights of each Agent and each Lender and their respective Affiliates under this Section 9.05 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Agent, such Lender and their respective Affiliates may have, subject to the terms of the Second Lien Intercreditor and Subordination Agreement.
The Administrative Agent and the Lender Representative shall have received copies of (i) the Second Lien Intercreditor and Subordination Agreement and (ii) an amendment to the AAL dated the date hereof (the “Amended Agreement Among Lenders”).
In reliance on the direction by the Consenting Lenders, constituting the Required Lenders and the Required Revolving Lenders and the provisions of Articles 8 and 9 of the Credit Agreement, the Administrative Agent has executed this Amendment, the Second Lien Intercreditor and Subordination Agreement, the Amendment to Agreement Among Lenders and the Transaction Support Agreement.