Senior Secured Notes Intercreditor Agreement definition

Senior Secured Notes Intercreditor Agreement means that certain Crossing Lien Intercreditor Agreement, dated as of the Effective Date, between the Senior Secured Note Representative, as the “Cash Flow Representative” thereunder, and the Administrative Agent, as the “ABL Representative” thereunder, as the same may be amended, restated, supplemented or otherwise modified form time to time in accordance with the term hereof.
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Senior Secured Notes Intercreditor Agreement means that certain Intercreditor Agreement dated as of June 10, 2004 by and among JPMorgan Chase Bank, Parent and U.S. Bank National Association, as trustee, as amended by that certain Supplement No. 1 to Intercreditor Agreement, dated as of the Closing Date, between JPMorgan Chase Bank, N.A. (f/k/a JPMorgan Chase Bank), in its capacity as Departing ABL Agent, on behalf of itself and the Departing ABL Lenders (as defined therein), General Electric Capital Corporation, in its capacity as New ABL Agent, on behalf of itself and the New ABL Lenders (as defined therein), and U.S. Bank National Association, as trustee (“Trustee”).
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Senior Secured Notes Intercreditor Agreement means the ABL/Notes Intercreditor Agreement, dated as of the Closing Date, between the Senior Secured Notes Agent and Agent, and acknowledged by the Loan Parties.
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Examples of Senior Secured Notes Intercreditor Agreement in a sentence

  • In the event of any conflict between the terms of the Additional Senior Secured Notes Intercreditor Agreement or any other such intercreditor and terms of this Agreement, the terms of the Additional Senior Secured Notes Intercreditor Agreement or such other intercreditor agreement, as applicable, shall govern.

  • Except as provided in the next sentence, if there is any conflict between the Senior Secured Notes Intercreditor Agreement and this Agreement or the Credit Agreement, the Senior Secured Notes Intercreditor Agreement will control.

  • In matters solely relating to or as between the Secured Parties, if there is any conflict between the Credit Agreement and the Senior Secured Notes Intercreditor Agreement, the terms of the Credit Agreement will control.

  • Notwithstanding anything herein to the contrary or in any other Loan Document, the lien and security interest granted to the Administrative Agent for the benefit of the Secured Parties pursuant to this Agreement and the exercise of any right or remedy by the Administrative Agent for the benefit of the Secured Parties hereunder are subject to the provisions of the Credit Agreement and the Senior Secured Notes Intercreditor Agreement.

  • Without limiting the generality of the foregoing, prior to the Discharge of Cash Flow Collateral Obligations, any right or obligation of the Administrative Agent to apply payments or proceeds in accordance with this Agreement or the Credit Agreement shall be subject to the provisions governing the application of payments or proceeds in the Senior Secured Notes Intercreditor Agreement.

  • The Administrative Agent shall have received (i) evidence reasonably satisfactory to it that the Existing Senior Secured Notes have been redeemed in full and (ii) a certificate from a Financial Officer of the Company certifying that no Institutional Notes (as defined in the Existing Senior Secured Notes Intercreditor Agreement) are outstanding.

  • Prior to the effectiveness of this Amendment on the Amendment No. 1 Effective Date, the Borrowers shall have issued the New Senior Secured Notes and the parties thereto shall have entered into the New Senior Secured Notes Intercreditor Agreement (as defined in Exhibit A) and the Borrowers shall have prepaid not less than $1,550 million principal amount of Term B-1 Loans.

  • Combining the literature review, chapter 8 discusses the major results of the study in comparison to the literature review, similarities and differences with the literature reviewed are examined.

  • All other Obligations that are due and payable under the Security Documents and to the Administrative Agent and the Collateral Agent under the Senior Secured Notes Intercreditor Agreement but remaining outstanding and unpaid shall be due and payable on the latest maturity date for the Term B Loans, any Incremental Loans or Extensions, as applicable.

  • Section 9.12(a) of the Credit Agreement is hereby amended by inserting the following new sentence at the end thereof: “The Borrower will, and will cause each other Credit Party to, ensure that the assets serving as security for the Senior Secured Notes Documents are no more expansive than the assets constituting Collateral pursuant to the Security Documents and the Liens created pursuant to the Senior Secured Notes Documents are at all times subject to the Senior Secured Notes Intercreditor Agreement.


More Definitions of Senior Secured Notes Intercreditor Agreement

Senior Secured Notes Intercreditor Agreement means an intercreditor agreement, on customary terms and in form and substance reasonably satisfactory to the Credit Parties and the Collateral Agent, entered into among the Credit Parties, the Collateral Agent and each relevant financial institution acting in its capacity as a collateral agent under Senior Secured Notes Documents in respect of an issuance of Senior Secured Notes (as the same may be amended, modified or supplemented from time to time), a copy of which as in effect on the Restatement Effective Date is attached hereto as Exhibit P.
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Senior Secured Notes Intercreditor Agreement means that certain Amended and Restated Intercreditor and Collateral Agency Agreement, dated as of February 12, 2010, among the Borrower, BH Finance LLC (as assignee of Bank of America, N.A.) and any successor thereto, as bank agent, Wxxxx Fargo Bank, N.A. (as successor to Bank of America, N.A.) and any successor thereto, as collateral agent, and The Bank of New York Mellon, as trustee.
Sample 1
Senior Secured Notes Intercreditor Agreement means the ABL/Notes Intercreditor Agreement, dated as of the July 16, 2018, between the Senior Secured Notes Agent and Agent, and acknowledged by the Loan Parties, as amended and in effect from time to time in accordance with the terms thereof.
Sample 1
Senior Secured Notes Intercreditor Agreement means the intercreditor agreement dated November 9, 2007, as amended and restated from time to time (most recently on September 18, 2020), among, inter alios, the Senior Secured Notes Issuer, the Company, the Subsidiary Guarantors and certain lenders and creditors.
Sample 1

Related to Senior Secured Notes Intercreditor Agreement

  • ABL Intercreditor Agreement means the Intercreditor Agreement substantially in the form of Exhibit K hereto, dated as of the date hereof, by and among the Collateral Agent, the ABL Collateral Agent, the other agents party thereto (if any) and the Obligors, as may be amended, restated, amended and restated, supplemented, waived or otherwise modified from time to time in accordance with the terms hereof, the ABL Credit Agreement, and the provisions of such ABL Intercreditor Agreement.

  • Second Lien Intercreditor Agreement means a “junior lien” Intercreditor Agreement, which shall be in form and substance reasonably satisfactory to the Administrative Agent, among the Administrative Agent and one or more Designated Representatives for holders of Alternative Incremental Facility Indebtedness or Permitted Junior Secured Refinancing Debt.

  • First Lien Intercreditor Agreement means an Intercreditor Agreement substantially in the form of Exhibit L among the Administrative Agent, the Collateral Agent and the representatives for purposes thereof for any other First Lien Secured Parties, with such changes thereto as may be reasonably acceptable to the Administrative Agent; provided that such changes are not materially adverse to the Lenders.

  • Junior Lien Intercreditor Agreement means an intercreditor agreement in form and substance reasonably satisfactory to the Administrative Agent between the Administrative Agent and one or more collateral agents or representatives for the holders of Indebtedness that is secured by a Lien on the Collateral ranking junior to the Liens of the Loan Documents.

  • First Lien/First Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • First Lien/Second Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, in each case, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • Pari Passu Intercreditor Agreement means an intercreditor agreement among the Administrative Agent and the other parties from time to time party thereto, substantially in the form of Exhibit I.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • Intercreditor Agreement means the Intercreditor Agreement dated as of the Issue Date (and as may be amended, restated, amended and restated, supplemented or otherwise modified from time to time), between, among others, the Company, the Guarantors, the Trustee, the Collateral Agent, and each additional authorized representative and collateral agent from time to time party thereto.

  • Additional Intercreditor Agreement has the meaning set forth in Section 4.23(b).

  • Senior Secured Notes Indenture means (i) the Indenture dated October 8, 2014, among the Borrowers, the guarantors party thereto and the Trustee or (ii) if Senior Secured Notes are issued pursuant to clause (ii) of the definition thereof, the loan agreement or indenture governing such Senior Secured Notes.

  • Senior Secured Note Documents means the Senior Secured Note Indenture, the Senior Secured Note Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any security document relating to the Senior Secured Notes and/or the Senior Secured Note Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • Market Intercreditor Agreement means an intercreditor agreement the terms of which are consistent with market terms governing security arrangements for the sharing and/or subordination of liens or arrangements relating to the distribution of proceeds of collateral, as applicable, at the time the intercreditor agreement is proposed to be established in light of the types of Indebtedness subject thereto.

  • Other Intercreditor Agreement an intercreditor agreement in form and substance reasonably satisfactory to the Borrower and the Collateral Agent.

  • Senior Secured Notes Documents means the Senior Secured Notes Indenture, the Senior Secured Notes Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any supplemental indenture, any security document relating to the Senior Secured Notes and/or the Senior Secured Notes Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • Existing Intercreditor Agreement means the existing intercreditor agreement dated 11 May 2007 (as amended by a letter dated 21 June 2007 and a further letter dated 29 June 2007, as amended and restated on 5 November 2009 and as further amended on 5 November 2010) between, inter alia, Beverage Packaging Holdings (Luxembourg) I S.A., Rank Group Holdings Limited (now Xxxxxxxx Group Holdings Limited), Beverage Packaging Holdings (Luxembourg) II S.A., Beverage Packaging Holdings (Luxembourg) III S.à x.x., Credit Suisse AG (formerly Credit Suisse) as security trustee and others.

  • Term Loan Intercreditor Agreement means that certain Intercreditor Agreement substantially in the form of Exhibit L hereof, dated as of the date hereof, among the administrative agent under the Term Loan Credit Agreement, the Administrative Agent on behalf of the Secured Parties, and the Loan Parties, as amended and in effect from time to time.

  • Senior Security Documents means with respect to any Senior Secured Party, the Security Documents that secure the Senior Obligations.

  • Senior Secured Notes Trustee means U.S. Bank Trust Company, National Association, as successor in interest to U.S. Bank National Association, as trustee under the Senior Secured Notes Indenture.

  • Permitted Pari Passu Intercreditor Agreement means, with respect to any Liens on Collateral that are intended to be pari passu with the Liens securing the Term B-1 Loans (and other Loan Obligations that are pari passu with the Term B-1 Loans), either (as the Borrower shall elect) (x) the First Lien/First Lien Intercreditor Agreement, (y) another intercreditor agreement not materially less favorable to the Lenders vis-à-vis such pari passu Liens than the First Lien/First Lien Intercreditor Agreement (as determined by the Borrower in good faith) or (z) another intercreditor agreement the terms of which are consistent with market terms governing security arrangements for the sharing of liens on a pari passu basis at the time such intercreditor agreement is proposed to be established in light of the type of Indebtedness to be secured by such liens, as determined by the Administrative Agent and the Borrower in the exercise of reasonable judgment.

  • Collateral Agency and Intercreditor Agreement means that certain Collateral Agency and Intercreditor Agreement, dated as of January 31, 2008 (as amended, amended and restated, supplemented or otherwise modified from time to time in compliance with the terms of this Indenture), by and among the Company, the other guarantors from time to time party thereto, the secured debt representatives and the Collateral Agent.

  • Senior Secured Credit Facility means the Loan and Security Agreement, dated as of May 31, 2017 by and among the Company and Western Alliance Bank (as amended, amended and restated, supplemented or otherwise modified from time to time, subject to the limitations herein).

  • Senior Secured Credit Agreement means that certain Credit Agreement, dated as of September 27, 2018, among the Borrowers, the lenders from time to time party thereto, JPMCB as administrative agent, JPMCB as collateral agent, and the other parties thereto, as amended, restated, amended, restated, extended, supplemented, refinanced or otherwise modified from time to time.

  • ABL/Term Loan Intercreditor Agreement means the Intercreditor Agreement, dated as of the Closing Date, by and among the Administrative Agent, Barclays Bank PLC, as collateral agent under the Term Loan Credit Agreement, Holdings, Borrower and the other Subsidiary Loan Parties party thereto, as amended, restated, supplemented, replaced, refinanced or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • Senior Secured Notes means the $1,875 million aggregate principal amount of 7.375% Senior Secured Notes due 2023 of the Borrower including, as the same may be amended, supplemented, waived or otherwise modified from time to time, including any senior secured exchange notes issued in lieu thereof.

  • Permitted Junior Intercreditor Agreement means, with respect to any Liens on Collateral that are intended to be junior to any Liens securing the Secured Obligations, one or more intercreditor agreements, each of which shall be on terms which are consistent with market terms governing security arrangements for the sharing of liens on a junior basis at the time such intercreditor agreement is proposed to be established, as determined by the Borrower and the Collateral Agent in the exercise of reasonable judgment.