Pari Passu Intercreditor Agreement. Notwithstanding anything to the contrary in this Agreement or in any other Loan Document: (i) the Liens granted to the Administrative Agent in favor of the Secured Parties pursuant to the Loan Documents and the exercise of any right related to any Collateral shall be subject, in each case, to the terms of the Pari Passu Intercreditor Agreement (if in effect), (ii) in the event of any conflict between the express terms and provisions of this Agreement or any other Loan Document, on the one hand, and of the Pari Passu Intercreditor Agreement, on the other hand, the terms and provisions of the Pari Passu Intercreditor Agreement shall control and (iii) each Lender and L/C Issuer (A) authorizes the Administrative Agent to execute the Pari Passu Intercreditor Agreement on behalf of such Lender and L/C Issuer, and (B) agrees to be bound by the terms of the Pari Passu Intercreditor Agreement and agrees that any action taken by the Administrative Agent under the Pari Passu Intercreditor Agreement shall be binding upon such Lender and L/C Issuer.
Pari Passu Intercreditor Agreement. The Administrative Agent shall have received the Pari Passu Intercreditor Agreement, executed by the Administrative Agent and the First Lien Notes Collateral Agent. For purposes of determining compliance with the conditions specified in this Section 6 (and irrespective of whether any Lender has signed this Agreement), each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to a Lender, unless the Administrative Agent shall have received written notice from such Lender prior to the proposed Effective Date specifying its objection thereto.
Pari Passu Intercreditor Agreement. This Security Agreement is subject to the terms of the Pari Passu Intercreditor Agreement. In the event of any conflict between the terms of the Pari Passu Intercreditor Agreement and the terms of this Security Agreement, the terms of the Pari Passu Intercreditor Agreement shall govern.
Pari Passu Intercreditor Agreement. If we incur additional Second Lien Priority Indebtedness permitted to be incurred under the Indenture and the documentation governing the First Lien Priority Indebtedness, the Collateral Agent will enter into a Pari Passu Intercreditor Agreement with the collateral agent of such additional Second Lien Priority Indebtedness, without the consent of the holders of the Notes, to set forth the relative rights among the holders of Second Lien Priority Indebtedness. Once entered into, the Pari Passu Intercreditor Agreement may be amended from time to time without the consent of the holders of the Notes to add any other parties holding Second Lien Priority Indebtedness permitted to be incurred under the Indenture, the documentation governing the First Lien Priority Indebtedness and the Pari Passu Intercreditor Agreement. Under the Pari Passu Intercreditor Agreement, notwithstanding the equal priority of the Liens securing each series of Second Lien Priority Indebtedness, the Controlling Second Lien Collateral Agent may deal with the Second Lien Shared Collateral as if such Controlling Second Lien Collateral Agent had a senior Lien on such Second Lien Shared Collateral. No Non-Controlling Second Lien Secured Party or any representative thereof may contest, protest or object to any foreclosure proceeding or action brought by the Controlling Second Lien Collateral Agent, the Controlling Second Lien Secured Party or any representative thereof or any other exercise by the Controlling Second Collateral Agent, the Controlling Second Lien Secured Party or any representative thereof of any rights and remedies relating to the Second Lien Shared Collateral, or to cause the Controlling Second Lien Collateral Agent to do so. Each of the holders of Second Lien Priority Indebtedness will agree that it will not (and hereby waives any right to) question or contest or support any other person in contesting, in any proceeding (including any insolvency proceeding), the perfection, priority, validity, attachment or enforceability of a Lien held by or on behalf of any holder of Second Lien Priority Indebtedness in all or any part of the Second Lien Shared Collateral, or the provisions of the Pari Passu Intercreditor Agreement. No Authorized Second Lien Representative that is not the Controlling Second Lien Collateral Agent may instruct the Controlling Second Lien Collateral Agent to, commence any judicial or nonjudicial foreclosure proceedings with respect to, seek to have a trustee, r...
Pari Passu Intercreditor Agreement a Pari Passu Intercreditor Agreement, duly executed by the EGS Borrower, the Guarantor, and the security trustee and the facility agent in respect of the GLOVIS COUNTESS Credit Facility;
Pari Passu Intercreditor Agreement. The terms of this Agreement and the other Transaction Documents are subject to the terms of the Pari Passu Intercreditor Agreement. Where a conflict exists between this Agreement and the Intercreditor Agreement, the lntercreditor Agreement shall govern. The Creditors hereby authorize the Facility Agent and the Security Trustee to enter into the Pari Passu Intercreditor Agreement and any necessary amendment, modification or termination thereof.
Pari Passu Intercreditor Agreement. (a) Upon the Incurrence or issuance of Pari Passu Indebtedness, subject to receipt of an Officer’s Certificate and Opinion of Counsel and provided that will not impose any personal obligation on the Trustee or Notes Collateral Agent or, in the opinion of the Trustee or Notes Collateral Agent, as applicable, adversely affect the rights, duties, liabilities or immunities of the Trustee or Notes Collateral Agent under this Indenture or ABL Intercreditor Agreement, the Trustee and the Notes Collateral Agent shall enter into a pari passu intercreditor agreement (the “Pari Passu Intercreditor Agreement”) with the authorized representative and collateral agent of the holders of such Pari Passu Indebtedness with respect to the Collateral, which may be amended from time to time in accordance with its terms without the consent of the holders of the Securities to add other parties holding Pari Passu Indebtedness permitted to be incurred under this Indenture, the ABL Intercreditor Agreement and the Pari Passu Intercreditor Agreement.
Pari Passu Intercreditor Agreement. Notwithstanding anything to the contrary in this Section 6 or Section 7.1, the Pari Passu Intercreditor Agreement shall govern the exercise of rights and the enforcement of remedies hereunder by the Collateral Agent and the Secured Parties. In the event of any conflict between the terms of this Section 6 and the Pari Passu Intercreditor Agreement, the Pari Passu Intercreditor Agreement shall govern.
Pari Passu Intercreditor Agreement. Notwithstanding anything herein to the contrary, the lien and security interest granted to the Collateral Agent pursuant to this Agreement and the exercise of any right or remedy by the Collateral Agent hereunder are subject to the provisions of the Pari Passu Intercreditor Agreement. Each party hereto (and each Secured Party) acknowledges and agrees that the Collateral Agent may act in accordance with, and shall be required to take certain actions as required by, the terms of the Pari Passu Intercreditor Agreement. Each party hereto (and each Secured Party) acknowledges and agrees that the Collateral Agent may act in accordance with, and shall be required to take certain actions as required by, the terms of the Pari Passu Intercreditor Agreement. Each of the parties hereto (and each Secured Party) acknowledges and agrees that any such actions shall be permitted, and further agrees that in the event of a conflict between the provisions of this Agreement and the Pari Passu Intercreditor Agreement, the relevant provisions of the Pari Passu Intercreditor Agreement shall control. The parties hereto (and each Secured Party) also acknowledge and agree that the Collateral Agent shall have the benefit of the provisions contained in the Pari Passu Intercreditor Agreement.
Pari Passu Intercreditor Agreement. (a) Notwithstanding anything herein to the contrary, the Liens granted to the Administrative Agent under this Security Agreement and the exercise of the rights and remedies of the Administrative Agent hereunder and under any other Collateral Document are subject to the provisions of the Pari Passu Intercreditor Agreement. In the event of any conflict between the terms of the Pari Passu Intercreditor Agreement and this Security Agreement or any other Collateral Document (other than the ABL Intercreditor Agreement), the terms of the Pari Passu Intercreditor Agreement shall govern and control.
