ABL Intercreditor Agreement. Notwithstanding anything herein to the contrary, (a) the liens and security interests granted to the Collateral Agent pursuant to this Pledge Agreement and the exercise of any right or remedy by the Collateral Agent hereunder, are subject to the provisions of the ABL Intercreditor Agreement and (b) prior to the Discharge of Senior Secured Debt Obligations of the Term Loan Secured Parties and any Additional Debt Secured Parties (as such terms are defined in the ABL Intercreditor Agreement), any obligation hereunder to physically deliver any CF Debt Priority Collateral (as such term is defined in the ABL Intercreditor Agreement) to the Collateral Agent hereunder shall be deemed satisfied by the delivery to the Term Loan Agent, acting as gratuitous bailee for the Collateral Agent in accordance with the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Intercreditor Agreement and the terms of this Pledge Agreement, the terms of the ABL Intercreditor Agreement shall govern and control. No right, power or remedy granted to the Collateral Agent hereunder shall be exercised by the Collateral Agent, and no direction shall be given by the Collateral Agent, in contravention of the ABL Intercreditor Agreement.
Appears in 1 contract
Sources: Abl Pledge Agreement (Academy Sports & Outdoors, Inc.)
ABL Intercreditor Agreement. Notwithstanding anything herein to the contrary, :
(a) the liens Liens and security interests granted to the Collateral Agent pursuant to this Pledge Agreement Agreement, and the exercise of any right or remedy by the Collateral Agent hereunder, are subject to the provisions of the ABL Intercreditor Agreement and (b) prior to the Discharge of Senior Secured Debt Obligations of the Term Loan Secured Parties and any Additional Debt Secured Parties (as such terms are defined in the ABL Intercreditor Agreement), any obligation hereunder to physically deliver any CF Debt Priority Collateral (as such term is defined in the ABL Intercreditor Agreement) to the Collateral Agent hereunder shall be deemed satisfied by the delivery to the Term Loan Agent, acting as gratuitous bailee for the Collateral Agent in accordance with the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Intercreditor Agreement and the terms of this Pledge Agreement, (i) as between the Collateral Agent, on one hand, and the Grantors, on the other hand, the terms of this Agreement shall govern and control, and (ii) as between the Collateral Agent, on one hand, and the ABL Collateral Agent, on the other hand, the terms of the ABL Intercreditor Agreement shall govern and control. No right; and
(b) until the Discharge of ABL Obligations, power or remedy granted to the extent the Grantors are required under the terms of the ABL Loan Documents to deliver any possessory Collateral constituting ABL Priority Collateral to the applicable ABL Agent, such delivery shall be deemed to satisfy any obligation hereunder to deliver such Collateral to the Collateral Agent hereunder shall be exercised by so long as the applicable ABL Agent holds such Collateral as bailee for the Collateral Agent, and no direction shall be given by Agent pursuant to the Collateral Agent, in contravention terms of the ABL Intercreditor Agreement.
Appears in 1 contract
ABL Intercreditor Agreement. Notwithstanding anything herein to the contrary, :
(a) the liens Liens (including the perfection and priority of such Liens) and security interests granted to the Collateral Agent pursuant to this Pledge Agreement Agreement, and the exercise of any right or remedy by the Collateral Agent hereunder, are subject to the provisions of the ABL Intercreditor Agreement and (b) prior to the Discharge of Senior Secured Debt Obligations of the Term Loan Secured Parties and any Additional Debt Secured Parties (as such terms are defined in the ABL Intercreditor Agreement), any obligation hereunder to physically deliver any CF Debt Priority Collateral (as such term is defined in the ABL Intercreditor Agreement) to the Collateral Agent hereunder shall be deemed satisfied by the delivery to the Term Loan Agent, acting as gratuitous bailee for the Collateral Agent in accordance with the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Intercreditor Agreement and the terms of this Pledge Agreement, (i) as between the Collateral Agent, on one hand, and the Pledgors, on the other hand, the terms of this Agreement shall govern and control, and (ii) as between the Collateral Agent, on one hand, and the ABL Term Agent, on the other hand, the terms of the ABL Intercreditor Agreement shall govern and control. No right.
(b) Until the Discharge of ABL Term Obligations, power or remedy granted to the extent the Pledgors are required under the terms of the ABL Term Documents to (i) deliver any possessory Collateral constituting ABL Term Priority Collateral to the ABL Term Agent, such delivery shall be deemed to satisfy any obligation hereunder to deliver such Collateral to the Collateral Agent hereunder shall be exercised by so long as the ABL Term Agent holds such Collateral as bailee for the Collateral Agent, and no direction shall be given by Agent pursuant to the Collateral Agent, in contravention terms of the ABL Intercreditor Agreement, or (ii) take any other action with respect to ABL Term Priority Collateral or the proceeds thereof, including delivery of such Collateral or proceeds thereof to the Collateral Agent, such action shall be deemed satisfied to the extent undertaken in accordance with the Revolving Credit Documents and the ABL Intercreditor Agreement.
Appears in 1 contract
Sources: Security Agreement (Sportsman's Warehouse Holdings, Inc.)
ABL Intercreditor Agreement. Notwithstanding anything herein to the contrary, :
(a) the liens Liens (including the perfection and priority of such ▇▇▇▇▇) and security interests granted to the Collateral Agent pursuant to this Pledge Agreement Agreement, and the exercise of any right or remedy by the Collateral Agent hereunder, are subject to the provisions of the ABL Intercreditor Agreement and (b) prior to the Discharge of Senior Secured Debt Obligations of the Term Loan Secured Parties and any Additional Debt Secured Parties (as such terms are defined in the ABL Intercreditor Agreement), any obligation hereunder to physically deliver any CF Debt Priority Collateral (as such term is defined in the ABL Intercreditor Agreement) to the Collateral Agent hereunder shall be deemed satisfied by the delivery to the Term Loan Agent, acting as gratuitous bailee for the Collateral Agent in accordance with the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Intercreditor Agreement and the terms of this Pledge Agreement, (i) as between the Agent, on one hand, and the Pledgors, on the other hand, the terms of this Agreement shall govern and control, and (ii) as between the Revolving Agent, on one hand, and the Agent, on the other hand, the terms of the ABL Intercreditor Agreement shall govern and control. No right.
(b) Until the Discharge of ABL Obligations (as defined in the ABL Intercreditor Agreement), power or remedy granted to the extent the Pledgors are required under the terms of the Loan Documents to (i) deliver any possessory Collateral Agent hereunder constituting ABL Term Priority Collateral to the Agent, such delivery shall be exercised by deemed to satisfy any obligation hereunder to deliver such Collateral to the Revolving Agent so long as the Revolving Agent holds such Collateral Agent, and no direction shall be given by as bailee for the Collateral Agent, in contravention Agent pursuant to the terms of the ABL Intercreditor Agreement, or (ii) take any other action with respect to the ABL Priority Collateral (as defined in the ABL Intercreditor Agreement) or any proceeds thereof, including delivery of such Collateral or proceeds thereof to the Agent, such action shall be deemed satisfied to the extent undertaken in accordance with the Revolving Credit Documents and the ABL Intercreditor Agreement.
Appears in 1 contract
Sources: Security Agreement (Sportsman's Warehouse Holdings, Inc.)
ABL Intercreditor Agreement. Notwithstanding anything herein to the contrary, :
(a) the liens Liens and security interests granted to the Collateral Agent pursuant to this Pledge Agreement Agreement, and the exercise of any right or remedy by the Collateral Agent hereunder, are subject to the provisions of the ABL Intercreditor Agreement and (b) prior to the Discharge of Senior Secured Debt Obligations of the Term Loan Secured Parties and any Additional Debt Secured Parties (as such terms are defined in the ABL Intercreditor Agreement), any obligation hereunder to physically deliver any CF Debt Priority Collateral (as such term is defined in the ABL Intercreditor Agreement) to the Collateral Agent hereunder shall be deemed satisfied by the delivery to the Term Loan Agent, acting as gratuitous bailee for the Collateral Agent in accordance with the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Intercreditor Agreement and the terms of this Pledge Agreement, (i) as between the Collateral Agent, on one hand, and the Grantors, on the other hand, the terms of this Agreement shall govern and control, and (ii) as between the Collateral Agent, on one hand, and the Term Collateral Agent, on the other hand, the terms of the ABL Intercreditor Agreement shall govern and control. No right; and
(b) until the Discharge of Term Obligations, power or remedy granted to the extent the Grantors are required under the terms of the Term Documents to deliver any possessory Collateral constituting Term Priority Collateral to the Term Collateral Agent, such delivery shall be deemed to satisfy any obligation hereunder to deliver such Collateral to the Collateral Agent hereunder shall be exercised by so long as the Term Collateral Agent holds such Collateral as bailee for the Collateral Agent, and no direction shall be given by Agent pursuant to the Collateral Agent, in contravention terms of the ABL Intercreditor Agreement.
Appears in 1 contract