Second Priority Intercreditor Agreement means the Second Amended and Restated Intercreditor Agreement, dated as of February 5, 2008, as supplemented on April 21, 2008, December 3, 2009, April 30, 2010, July 19, 2010, November 19, 2010, May 12, 2014, June 25, 2014, June 5, 2015, February 24, 2018 and September 24, 2018, by and among the Existing Second Priority Notes Trustee, the Existing Second Priority Notes Collateral Agent, the Term Facility Administrative Agent, the Term Loan Collateral Agent, the Revolving Facility Administrative Agent, the Revolving Facility Collateral Agent, the Subsidiaries of the Issuer party thereto and Bxxxx Global Group, Inc., as was previously supplemented and as supplemented as of the Issue Date by the execution and delivery of a joinder agreement by the Collateral Agent, the Trustee, the Term Facility Administrative Agent, the Term Loan Collateral Agent, the Revolving Facility Administrative Agent, the Revolving Facility Collateral Agent, Trustee, the Collateral Agent, Bxxxx Global Group, Inc., the Issuer and the Subsidiary Guarantors, as may be further amended, restated or otherwise supplemented.
Second Priority Intercreditor Agreement means the Second Amended and Restated Intercreditor Agreement, dated as of February 5, 2008, as supplemented on April 21, 2008, December 3, 2009, April 30, 2010, July 19, 2010, November 19, 2010, May 12, 2014, June 25, 2014, June 5, 2015, February 24, 2018 and September 24, 2018, by and among the Existing Second Priority Notes Trustee, the Existing Second Priority Notes Collateral Agent, the Term Facility Administrative Agent, the Term Loan Collateral Agent, the Revolving Facility Administrative Agent, the Revolving Facility Collateral Agent, the Subsidiaries of the Issuer party thereto and Berry Global Group, Inc., as will be supplemented as of the Escrow Release Date by the execution and delivery of a joinder agreement by the Collateral Agent, the Trustee, the Term Facility Administrative Agent, the Term Loan Collateral Agent, the Revolving Facility Administrative Agent, the Revolving Facility Collateral Agent, Trustee, the Collateral Agent, Berry Global Group, Inc., the Issuer and the Subsidiary Guarantors, as may be further amended, restated or otherwise supplemented.
Second Priority Intercreditor Agreement means the Second Amended and Restated Intercreditor Agreement, dated as of February 5, 2008, by and among Credit Suisse and Bank of America, as first lien agents, Wells Fargo Bank, N.A., as trustee, Holdings, the Company and the U.S. Subsidiary Loan Parties party thereto or that shall become party thereto, as in effect on the Amendment and Restatement Effective Date and each Other First Priority Lien Obligations Collateral Agent (as defined therein) from time to time party thereto.
Examples of Second Priority Intercreditor Agreement in a sentence
The foregoing provisions are intended as an inducement to the Lenders to extend credit and such Lenders are intended third party beneficiaries of such provisions and the provisions of the Second Priority Intercreditor Agreement, the Senior Fixed Collateral Intercreditor Agreement and the Senior Lender Intercreditor Agreement.
The relative rights of the Term Loan/Notes Secured Parties, on the one hand, and the Junior Priority Secured Parties, on the other hand, shall also be subject to the terms of the Second Priority Intercreditor Agreement.
The foregoing provisions are intended as an inducement to the Lenders to extend credit and such Lenders are intended third party beneficiaries of such provisions and the provisions of the Senior Lender Intercreditor Agreement, the Second Priority Intercreditor Agreement and the Senior Fixed Lender Intercreditor Agreement.
Notwithstanding anything to the contrary contained herein, the Grantors shall execute a Joinder to Second Priority Intercreditor Agreement, and the terms of this Agreement shall be subject to the terms of the Second Priority Intercreditor Agreement, and in the event of any inconsistency between any provision herein and therein, the terms of the lntercreditor Agreement shall govern.
Patent and Trademark Office (the “PTO”) and applicable foreign and international patent authorities all patent applications owned by the Company, its Affiliates and which are determined to be material by the Company (the “Company Patent Applications”).
More Definitions of Second Priority Intercreditor Agreement
Second Priority Intercreditor Agreement means the Second Amended and Restated Intercreditor Agreement dated February 5, 2008, as amended, supplemented or otherwise modified from time to time, among Holdings, the Borrower, the Subsidiary Loan Parties, each Subsidiary that becomes a party thereto after the date hereof, the “Collateral Agent” under the Existing Credit Agreement, the “Administrative Agent” under the Existing Credit Agreement, the “Administrative Agent” under the Revolving Credit Agreement and the “Collateral Agent” under the Revolving Credit Agreement and U.S. Bank National Association, as Second Priority Agent and as further supplemented by each of the Term Loan Joinder to Second Priority Intercreditor Agreement, the First Lien Bridge Joinder to Second Priority Intercreditor Agreement and the Second Lien Bridge Joinder to Second Priority Intercreditor Agreement.
Second Priority Intercreditor Agreement means the Second Amended and Restated Intercreditor Agreement, dated as of February 5, 2008, by and among the Existing Second Priority Notes Trustee, the Existing Second Priority Notes Collateral Agent, the Term Facility Administrative Agent, the Term Loan Collateral Agent, the Revolving Facility Administrative Agent, the Revolving Facility Collateral Agent, the Subsidiaries of the Issuer party thereto and Bxxxx Global Group, Inc., amended, supplemented or otherwise modified prior to the Issue Date (including in connection with the issuance of the First Priority Dollar Notes and the First Priority Euro Notes Obligations), as supplemented as of the Issue Date by the execution and delivery of a joinder agreement by the Collateral Agent, the Trustee, the Term Facility Administrative Agent, the Term Loan Collateral Agent, the Revolving Facility Administrative Agent, the Revolving Facility Collateral Agent, Trustee, the Collateral Agent, Bxxxx Global Group, Inc., the Issuer and the Subsidiary Guarantors, and as may be further amended, restated or otherwise supplemented.
Second Priority Intercreditor Agreement means the Second Amended and Restated Intercreditor Agreement, dated as of February 5, 2008, by and among Credit Suisse and Bank of America, as first lien agents, Xxxxx Fargo Bank, N.A., as trustee, Holdings, the Company and the U.S. Subsidiary Loan Parties party thereto or that shall become party thereto, as in effect on the Amendment and Restatement Effective Date and each Other First Priority Lien Obligations Collateral Agent (as defined therein) from time to time party thereto.
Second Priority Intercreditor Agreement means that certain Intercreditor Agreement, dated as of the [date hereof], by and among Exit Collateral Agent, the Secured Notes Indenture Collateral Agent, the Convertible Notes Indenture Collateral Agent, Wilmington Trust, National Association, as the trustee for the Secured Notes, Wilmington Trust, National Association, as the trustee for the Convertible Notes, and Wilmington Trust, National Association, as the administrative agent for the Exit Agreement, as the same may be amended, amended and restated, supplemented, modified or replaced from time to time in accordance therewith.
Second Priority Intercreditor Agreement means any intercreditor agreement between the Second Priority Debt Parties, or their respective Representatives, and the Representatives for any Additional Second Priority Debt which governs the relative rights of such parties in the Shared Collateral, including any “Intercreditor Agreement” under, and as defined in, each Second Lien Indenture.
Second Priority Intercreditor Agreement means (i) the Second Lien/Second Lien Intercreditor Agreement, dated as of the Issue Date, among the New Second Lien Notes Trustee, the Second Lien Trustee and the Second Lien Collateral Agent and the other parties thereto, as amended, amended and restated, extended, supplemented or otherwise modified from time to time in accordance with the Indenture or (ii) any replacement thereof or other intercreditor agreement that is consistent with market terms (as determined in good faith by the Issuer) and in form and substance reasonably satisfactory to the Second Lien Collateral Agent to the extent any such replacement or other intercreditor agreement contains terms less favorable to the Second Lien Collateral Agent than the Second Lien Intercreditor Agreement described in clause (i) above.
Second Priority Intercreditor Agreement means (i) the Second Lien/Second Lien Intercreditor Agreement, dated as of the Issue Date, among the New Second Lien Notes Trustee, the Takeback Second Lien Trustee and the Second Lien Collateral Agent and the other parties thereto, as amended, amended and restated, extended, supplemented or otherwise modified from time to time in accordance with the Indenture or (ii) any replacement thereof or other intercreditor agreement that is consistent with market terms (as determined in good faith by the Issuer) and in form and substance reasonably satisfactory to the First Lien Collateral Agent.