Common use of Additional Intercreditor Agreement Clause in Contracts

Additional Intercreditor Agreement. (a) At the request of the Issuer, at the time of, or prior to, the incurrence of any Indebtedness secured by, or that is permitted to share the Collateral, the Issuer, the relevant Guarantors, the Trustee and the Security Agent shall enter into an additional intercreditor agreement on terms substantially similar to the Intercreditor Agreement or an amendment to the Intercreditor Agreement (which amendment in the good faith judgment of the Issuer does not adversely affect the rights of the Holders of the Notes in any material respect), it being understood that an increase in the amount of Indebtedness being subject to the terms of the Intercreditor Agreement or additional intercreditor agreement will be deemed to be on substantially similar terms to the Intercreditor Agreement and will be deemed not to adversely affect the rights of the Holders of the Notes and will be permitted by this covenant if, in each case, the incurrence of such Indebtedness and any Lien in its favor is permitted by Sections 4.09 and 4.12; provided that such Intercreditor Agreement or additional intercreditor agreement will not impose any personal obligations on the Trustee or the Security Agent or adversely affect the rights, duties, liabilities or immunities of the Trustee under this Indenture or the Intercreditor Agreement.

Additional Intercreditor Agreement. (a) At the request of the IssuerCompany, at in connection with the time of, Incurrence or prior to, refinancing by the incurrence Company or its Restricted Subsidiaries of any Indebtedness secured by, or that is permitted to share be secured on the Collateral, the IssuerCompany, the relevant GuarantorsRestricted Subsidiaries, the Trustee and the Security Agent shall enter into an additional intercreditor or similar agreement on terms substantially similar to or a restatement, amendment or other modification of the existing Intercreditor Agreement (an “Additional Intercreditor Agreement”) with the holders of such Indebtedness (or an amendment to their duly authorized representatives) on substantially the same terms as the Intercreditor Agreement (which amendment or on terms that in the good faith judgment of the Issuer does Company are not adversely affect materially less favorable to the rights Holders), including containing substantially the same terms with respect to the application of the Holders proceeds of the Notes in any material respect)collateral held thereunder and the means of enforcement, it being understood that an increase in the amount of Indebtedness being subject to the terms of the Intercreditor Agreement or additional intercreditor agreement will Additional Intercreditor Agreement shall not be deemed to be on substantially similar terms less favorable to the Intercreditor Agreement Holders and will be deemed not to adversely affect the rights of the Holders of the Notes and will shall be permitted by this covenant if, in each case, Section 12.05 if the incurrence of such Indebtedness and any Lien in its favor is permitted by Sections Section 4.09 and Section 4.12; provided that such Additional Intercreditor Agreement or additional intercreditor agreement will shall not impose any personal obligations on the Trustee or the Security Agent or, in the opinion of the Trustee or Security Agent, adversely affect the rights, duties, liabilities liabilities, indemnities or immunities of the Trustee or Security Agent under this Indenture or the Intercreditor Agreement. As used herein, the term “Intercreditor Agreement” shall include references to any Additional Intercreditor Agreement that supplements or replaces the Intercreditor Agreement.

Additional Intercreditor Agreement. (a) At the request of the Issuer, at in connection with the time of, Incurrence or prior to, refinancing by the incurrence Company or its Restricted Subsidiaries of any Indebtedness secured by, or that is permitted to share be secured on the Collateral, the Issuer, CCM, the Company, the relevant GuarantorsRestricted Subsidiaries, the Trustee and the Security Agent shall enter into an additional intercreditor or similar agreement or a restatement, amendment or other modification of the existing Intercreditor Agreements (an “Additional Intercreditor Agreement”) with the holders of such Indebtedness (or their duly authorized representatives) on substantially the same terms as the Intercreditor Agreements (or on terms substantially similar to the Intercreditor Agreement or an amendment to the Intercreditor Agreement (which amendment that in the good faith judgment of the Issuer does are not adversely affect materially less favorable to the rights Holders), including containing substantially the same terms with respect to the application of the Holders proceeds of the Notes in any material respect)collateral held thereunder and the means of enforcement, it being understood that an increase in the amount of Indebtedness being subject to the terms of the Intercreditor Agreements or Additional Intercreditor Agreement or additional intercreditor agreement will shall not be deemed to be on substantially similar terms less favorable to the Intercreditor Agreement Holders and will be deemed not to adversely affect the rights of the Holders of the Notes and will shall be permitted by this covenant if, in each case, Section 12.05 if the incurrence of such Indebtedness and any Lien in its favor is permitted by Sections Section 4.09 and Section 4.12; provided that such Additional Intercreditor Agreement or additional intercreditor agreement will shall not impose any personal obligations on the Trustee or the Security Agent or, in the opinion of the Trustee or Security Agent, adversely affect the rights, duties, liabilities or immunities of the Trustee or Security Agent under this Indenture or the Intercreditor Agreements. As used herein, the term “Intercreditor Agreement” shall include references to any Additional Intercreditor Agreement that supplements or replaces the Cabot Intercreditor Agreement or the Xxxxxx Intercreditor Agreement, as applicable.

Additional Intercreditor Agreement. (a) At the request of the IssuerCompany, at in connection with the time of, Incurrence or prior to, refinancing by the incurrence Company or its Restricted Subsidiaries of any Indebtedness secured by, or that is permitted to share be secured on the Collateral, the IssuerCompany, the relevant GuarantorsRestricted Subsidiaries, the Trustee and the Security Agent shall enter into an additional intercreditor or similar agreement on terms substantially similar to or a restatement, amendment or other modification of the existing Intercreditor Agreement (an “Additional Intercreditor Agreement”) with the holders of such Indebtedness (or an amendment to their duly authorized representatives) on substantially the same terms as the Intercreditor Agreement (which amendment or on terms that in the good faith judgment of the Issuer does Company are not adversely affect materially less favorable to the rights Holders), including containing substantially the same terms with respect to the application of the Holders proceeds of the Notes in any material respect)collateral held thereunder and the means of enforcement, it being understood that an increase in the amount of Indebtedness being subject to the terms of the Intercreditor Agreement or additional intercreditor agreement will Additional Intercreditor Agreement shall not be deemed to be on substantially similar terms less favorable to the Intercreditor Agreement Holders and will be deemed not to adversely affect the rights of the Holders of the Notes and will shall be permitted by this covenant if, in each case, Section 12.05 if the incurrence of such Indebtedness and any Lien in its favor is permitted by Sections 4.09 Section and Section 4.12; provided that such Additional Intercreditor Agreement or additional intercreditor agreement will shall not impose any personal obligations on the Trustee or the Security Agent or, in the opinion of the Trustee or Security Agent, adversely affect the rights, duties, liabilities liabilities, indemnities or immunities of the Trustee or Security Agent under this Indenture or the Intercreditor Agreement. As used herein, the term “Intercreditor Agreement” shall include references to any Additional Intercreditor Agreement that supplements or replaces the Intercreditor Agreement.

Additional Intercreditor Agreement. (a) At the request of the IssuerCompany, at in connection with the time of, Incurrence or prior to, refinancing by the incurrence Company or its Restricted Subsidiaries of any Indebtedness secured by, or that is permitted to share be secured on the Collateral, the IssuerCompany, the relevant GuarantorsRestricted Subsidiaries, the Trustee and the Security Agent shall enter 155 into an additional intercreditor or similar agreement on terms substantially similar to or a restatement, amendment or other modification of the existing Intercreditor Agreement (an “Additional Intercreditor Agreement”) with the holders of such Indebtedness (or an amendment to their duly authorized representatives) on substantially the same terms as the Intercreditor Agreement (which amendment or on terms that in the good faith judgment of the Issuer does Company are not adversely affect materially less favorable to the rights Holders), including containing substantially the same terms with respect to the application of the Holders proceeds of the Notes in any material respect)collateral held thereunder and the means of enforcement, it being understood that an increase in the amount of Indebtedness being subject to the terms of the Intercreditor Agreement or additional intercreditor agreement will Additional Intercreditor Agreement shall not be deemed to be on substantially similar terms less favorable to the Intercreditor Agreement Holders and will be deemed not to adversely affect the rights of the Holders of the Notes and will shall be permitted by this covenant if, in each case, Section 12.05 if the incurrence of such Indebtedness and any Lien in its favor is permitted by Sections Section 4.09 and Section 4.12; provided that such Additional Intercreditor Agreement or additional intercreditor agreement will shall not impose any personal obligations on the Trustee or the Security Agent or, in the opinion of the Trustee or Security Agent, adversely affect the rights, duties, liabilities liabilities, indemnities or immunities of the Trustee or Security Agent under this Indenture or the Intercreditor Agreement. As used herein, the term “Intercreditor Agreement” shall include references to any Additional Intercreditor Agreement that supplements or replaces the Intercreditor Agreement.

Additional Intercreditor Agreement. (a) At the request of the Issuer, at in connection with the time of, Incurrence or prior to, refinancing by the incurrence Company or its Restricted Subsidiaries of any Indebtedness secured by, or that is permitted to share be secured on the Collateral, the Issuer, CCM, the Company, the relevant GuarantorsRestricted Subsidiaries, the Trustee and the Security Agent shall enter into an additional intercreditor or similar agreement on terms substantially similar to or a restatement, amendment or other modification of the existing Intercreditor Agreement (an “Additional Intercreditor Agreement”) with the holders of such Indebtedness (or an amendment to their duly authorized representatives) on substantially the same terms as the Intercreditor Agreement (which amendment or on terms that in the good faith judgment of the Issuer does are not adversely affect materially less favorable to the rights Holders), including containing substantially the same terms with respect to the application of the Holders proceeds of the Notes in any material respect)collateral held thereunder and the means of enforcement, it being understood that an increase in the amount of Indebtedness being subject to the terms of the Intercreditor Agreement or additional intercreditor agreement will Additional Intercreditor Agreement shall not be deemed to be on substantially similar terms less favorable to the Intercreditor Agreement Holders and will be deemed not to adversely affect the rights of the Holders of the Notes and will shall be permitted by this covenant if, in each case, Section 12.05 if the incurrence of such Indebtedness and any Lien in its favor is permitted by Sections Section 4.09 and Section 4.12; provided that such Additional Intercreditor Agreement or additional intercreditor agreement will shall not impose any personal obligations on the Trustee or or, in the Security Agent or opinion of the Trustee, adversely affect the rights, duties, liabilities or immunities of the Trustee under this Indenture or the Intercreditor Agreement. As used herein, the term “Intercreditor Agreement” shall include references to any Additional Intercreditor Agreement that supplements or replaces the Intercreditor Agreement entered into on or prior to the Issue Date.

Additional Intercreditor Agreement. (a) At the request of the Issuer, at in connection with the time of, Incurrence or prior to, refinancing by the incurrence Company or its Restricted Subsidiaries of any Indebtedness secured by, or that is permitted to share be secured on the Collateral, the Issuer, CCM, the Company, the relevant GuarantorsRestricted Subsidiaries, the Trustee and the Security Agent shall enter into an additional intercreditor or similar agreement or a restatement, amendment or other modification of the existing Intercreditor Agreements (an “Additional Intercreditor Agreement”) with the holders of such Indebtedness (or their duly authorized representatives) on substantially the same terms as the Intercreditor Agreements (or on terms substantially similar to the Intercreditor Agreement or an amendment to the Intercreditor Agreement (which amendment that in the good faith judgment of the Issuer does are not adversely affect materially less favorable to the rights Holders), including containing substantially the same terms with respect to the application of the Holders proceeds of the Notes in any material respect)collateral held thereunder and the means of enforcement, it being understood that an increase in the amount of Indebtedness being subject to the terms of the Intercreditor Agreements or Additional Intercreditor Agreement or additional intercreditor agreement will shall not be deemed to be on substantially similar terms less favorable to the Intercreditor Agreement Holders and will be deemed not to adversely affect the rights of the Holders of the Notes and will shall be permitted by this covenant if, in each case, Section 12.05 if the incurrence of such Indebtedness and any Lien in its favor is permitted by Sections Section 4.09 and Section 4.12; provided that such Additional Intercreditor Agreement or additional intercreditor agreement will shall not impose any personal obligations on the Trustee or the Security Agent or, in the opinion of the Trustee or Security Agent, adversely affect the rights, duties, liabilities or immunities of the Trustee or Security Agent under this Indenture or the Intercreditor Agreements. As used herein, the term “Intercreditor Agreements” shall include references to any Additional Intercreditor Agreement that supplements or replaces the Cabot Intercreditor Agreement or the Xxxxxx Intercreditor Agreement.

Additional Intercreditor Agreement. (a) At the request of the Issuer, at in connection with the time of, Incurrence or prior to, refinancing by the incurrence Company or its Restricted Subsidiaries of any Indebtedness secured by, or that is permitted to share be secured on the Collateral, the MFG, MFI, the Company, the Issuer, the relevant GuarantorsRestricted Subsidiaries, the Trustee and the Security Agent shall enter into an additional intercreditor or similar agreement on terms substantially similar to or a restatement, amendment or other modification of the existing Intercreditor Agreement (an “Additional Intercreditor Agreement”) with the holders of such Indebtedness (or an amendment to their duly authorized representatives) on substantially the same terms as the Intercreditor Agreement (which amendment or on terms that in the good faith judgment of the Issuer does are not adversely affect materially less favorable to the rights Holders), including containing substantially the same terms with respect to the application of the Holders proceeds of the Notes in any material respect)collateral held thereunder and the means of enforcement, it being understood that an increase in the amount of Indebtedness being subject to the terms of the Intercreditor Agreement or additional intercreditor agreement will Additional Intercreditor Agreement shall not be deemed to be on substantially similar terms less favorable to the Intercreditor Agreement Holders and will be deemed not to adversely affect the rights of the Holders of the Notes and will shall be permitted by this covenant if, in each case, Section 12.05 if the incurrence of such Indebtedness and any Lien in its favor is permitted by Sections Section 4.09 and Section 4.12; provided that such Additional Intercreditor Agreement or additional intercreditor agreement will shall not impose any personal obligations on the Trustee or the Security Agent or, in the opinion of the Trustee or Security Agent, adversely affect the rights, duties, liabilities or immunities of the Trustee or Security Agent under this Indenture or the Intercreditor Agreement. As used herein, the term “Intercreditor Agreement” shall include references to any Additional Intercreditor Agreement that supplements or replaces the Intercreditor Agreement entered into on or prior to the Issue Date.

Additional Intercreditor Agreement. (a) At the request of the Issuer, at in connection with the time of, Incurrence or prior to, refinancing by the incurrence Company or its Restricted Subsidiaries of any Indebtedness secured by, or that is permitted to share be secured on the Collateral, the Issuer, CCM, the Company, the relevant GuarantorsRestricted Subsidiaries, the Trustee and the Security Agent shall enter into an additional intercreditor or similar agreement or a restatement, amendment or other modification of the existing Intercreditor Agreements (an “Additional Intercreditor Agreement”) 150 with the holders of such Indebtedness (or their duly authorized representatives) on substantially the same terms as the Intercreditor Agreements (or on terms substantially similar to the Intercreditor Agreement or an amendment to the Intercreditor Agreement (which amendment that in the good faith judgment of the Issuer does are not adversely affect materially less favorable to the rights Holders), including containing substantially the same terms with respect to the application of the Holders proceeds of the Notes in any material respect)collateral held thereunder and the means of enforcement, it being understood that an increase in the amount of Indebtedness being subject to the terms of the Intercreditor Agreements or Additional Intercreditor Agreement or additional intercreditor agreement will shall not be deemed to be on substantially similar terms less favorable to the Intercreditor Agreement Holders and will be deemed not to adversely affect the rights of the Holders of the Notes and will shall be permitted by this covenant if, in each case, Section 12.05 if the incurrence of such Indebtedness and any Lien in its favor is permitted by Sections Section 4.09 and Section 4.12; provided that such Additional Intercreditor Agreement or additional intercreditor agreement will shall not impose any personal obligations on the Trustee or the Security Agent or, in the opinion of the Trustee or Security Agent, adversely affect the rights, duties, liabilities or immunities of the Trustee or Security Agent under this Indenture or the Intercreditor Agreements. As used herein, the term “Intercreditor Agreement” shall include references to any Additional Intercreditor Agreement that supplements or replaces the Cabot Intercreditor Agreement or the Xxxxxx Intercreditor Agreement, as applicable.

Additional Intercreditor Agreement. (a) At the request of the Issuer, at in connection with the time of, Incurrence or prior to, refinancing by the incurrence Company or its Restricted Subsidiaries of any Indebtedness secured by, or that is permitted to share be secured on the Collateral, the Issuer, CCM, the Company, the relevant GuarantorsRestricted Subsidiaries, the Trustee and the Security Agent shall enter into an additional intercreditor or similar agreement on terms substantially similar to or a restatement, amendment or other modification of the existing Intercreditor Agreement (an “Additional Intercreditor Agreement”) with the holders of such Indebtedness (or an amendment to their duly authorized representatives) on substantially the same terms as the Intercreditor Agreement (which amendment or on terms that in the good faith judgment of the Issuer does are not adversely affect materially less favorable to the rights Holders), including containing substantially the same terms with respect to the application of the Holders proceeds of the Notes in any material respect)collateral held thereunder and the means of enforcement, it being understood that an increase in the amount of Indebtedness being subject to the terms of the Intercreditor Agreement or additional intercreditor agreement will Additional Intercreditor Agreement shall not be deemed to be on substantially similar terms less favorable to the Intercreditor Agreement Holders and will be deemed not to adversely affect the rights of the Holders of the Notes and will shall be permitted by this covenant if, in each case, Section 12.05 if the incurrence of such Indebtedness and any Lien in its favor is permitted by Sections Section 4.09 and Section 4.12; provided that such Additional Intercreditor Agreement or additional intercreditor agreement will shall not impose any personal obligations on the Trustee or the Security Agent or, in the opinion of the Trustee or Security Agent, adversely affect the rights, duties, liabilities or immunities of the Trustee or Security Agent under this Indenture or the Intercreditor Agreement. As used herein, the term “Intercreditor Agreement” shall include references to any Additional Intercreditor Agreement that supplements or replaces the Intercreditor Agreement entered into on September 20, 2012.