Effect of Intercreditor Agreement. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIENS AND SECURITY INTERESTS GRANTED TO THE AGENT FOR THE BENEFIT OF THE SECURED PARTIES PURSUANT TO THIS SECURITY AGREEMENT AND THE EXERCISE OF ANY RIGHT OR REMEDY BY THE AGENT WITH RESPECT TO ANY COLLATERAL HEREUNDER ARE SUBJECT TO THE PROVISIONS OF ANY ACCEPTABLE INTERCREDITOR AGREEMENT IN EFFECT. IN THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF ANY ACCEPTABLE INTERCREDITOR AGREEMENT IN EFFECT AND THIS SECURITY AGREEMENT, THE PROVISIONS OF SUCH INTERCREDITOR AGREEMENT IN EFFECT SHALL GOVERN AND CONTROL.
Effect of Intercreditor Agreement. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE GUARANTEE OF THE GUARANTEED OBLIGATIONS GRANTED TO THE ADMINISTRATIVE AGENT, FOR THE BENEFIT OF THE SECURED PARTIES, PURSUANT TO THIS LOAN GUARANTY AND THE EXERCISE OF ANY RIGHT OR REMEDY BY THE ADMINISTRATIVE AGENT ARE SUBJECT TO THE PROVISIONS OF ANY ACCEPTABLE INTERCREDITOR AGREEMENT IN EFFECT. IN THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF ANY APPLICABLE INTERCREDITOR AGREEMENT IN EFFECT AND THIS LOAN GUARANTY, THE PROVISIONS OF SUCH INTERCREDITOR AGREEMENT SHALL GOVERN AND CONTROL. [SIGNATURE PAGES FOLLOW]
Effect of Intercreditor Agreement. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIENS AND SECURITY INTERESTS 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 ARE SUBJECT TO THE PROVISIONS OF ANY ACCEPTABLE INTERCREDITOR AGREEMENT IN EFFECT. IN THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF ANY APPLICABLE INTERCREDITOR AGREEMENT IN EFFECT AND THIS AGREEMENT, THE PROVISIONS OF SUCH INTERCREDITOR AGREEMENT SHALL GOVERN AND CONTROL.
Effect of Intercreditor Agreement. Notwithstanding anything to the contrary contained herein or in the Indenture, so long as any of the Council Bonds remain outstanding and unpaid, all rights, remedies and powers granted to the Authority or the Trustee pursuant to this Loan Agreement (including, without limitation, those so granted in this Article VII) or the Indenture shall be governed by, and shall be exercised in accordance with, the provisions of the Intercreditor Agreement.
Effect of Intercreditor Agreement. So long as the Intercreditor Agreement shall remain in full force and effect, to the extent that compliance by Borrower with any provision hereof shall cause Borrower to be in default of any provision of the IBMCC Agreement, such lack of compliance, if allowed under and addressed by the Intercreditor Agreement, shall not be deemed an Event of Default hereunder.
Effect of Intercreditor Agreement. 66 AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT
Effect of Intercreditor Agreement. It is understood and agreed by each of the parties hereto that, notwithstanding any terms of this Agreement and any Other Documents that may be to the contrary, this Agreement and the Other Documents, together with all rights and remedies of the Lender Parties hereunder and thereunder, are subject at all times to the express terms of the GECC/WBCC Intercreditor Agreement. Each of the parties has signed this Agreement as of the day and year first above written. "BORROWER" OMNI ENERGY SERVICES CORP. By /s/ G. Xxxxx Xxxx --------------------------------- G. Xxxxx Xxxx Executive Vice President AMERICAN HELICOPTERS INC. By /s/ G. Xxxxx Xxxx --------------------------------- G. Xxxxx Xxxx Executive Vice President OMNI ENERGY SERVICES CORP.-MEXICO By /s/ G. Xxxxx Xxxx --------------------------------- G. Xxxxx Xxxx Executive Vice President TRUSSCO, INC. By /s/ G. Xxxxx Xxxx --------------------------------- G. Xxxxx Xxxx Executive Vice President TRUSSCO PROPERTIES, L.L.C. By /s/ G. Xxxxx Xxxx --------------------------------- G. Xxxxx Xxxx Executive Vice President OMNI PROPERTIES CORP. By /s/ G. Xxxxx Xxxx --------------------------------- G. Xxxxx Xxxx Executive Vice President OMNI OFFSHORE AVIATION CORP. By /s/ G. Xxxxx Xxxx --------------------------------- G. Xxxxx Xxxx Executive Vice President OMNI SEISMIC AVIATION CORP. By /s/ G. Xxxxx Xxxx --------------------------------- G. Xxxxx Xxxx Executive Vice President OMNI ENERGY SEISMIC SERVICES CORP. By /s/ G. Xxxxx Xxxx --------------------------------- G. Xxxxx Xxxx Executive Vice President STATE OF LOUISIANA ) ) ss COUNTY (OR) PARISH OF LAFAYETTE ) On May 18, 2005, before me personally came G. Xxxxx Xxxx, to me known, who, being by me duly sworn, did depose and say that he is the Executive Vice President of each entity described in and which executed the foregoing instrument as a "Borrower"; and that he signed his name thereto by order of the board of directors of said entity. /s/ Xxxxxx Xxxxxx ------------------------------------ NOTARY PUBLIC "LENDER" XXXXXXX BUSINESS CREDIT CORPORATION F/K/A WHITEHALL BUSINESS CREDIT CORPORATION By /s/ Xxxxxx X. Xxxxxxx --------------------------------- Xxxxxx X. Xxxxxxx Vice President
Effect of Intercreditor Agreement. The security interest and Lien of Secured Party in any Collateral is subject to the terms of the Intercreditor Agreement and Sterling's rights to the extent provided for thereunder. In the event any provision of this Agreement conflicts or is inconsistent with the Intercreditor Agreement, the relevant provisions of the Intercreditor Agreement shall be controlling.
Effect of Intercreditor Agreement. 2.01. The Intercreditor Agreement, as amended hereby, shall be and remain in full force and effect in accordance with its terms and hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein, as a modification or waiver of any right, power, or remedy of the ABL Representative or the Collateral Trust Representative under the Intercreditor Agreement or any other ABL Document or Collateral Trust Document. The modifications set forth herein are limited to the specifics hereof.
Effect of Intercreditor Agreement. The rights and remedies contained in this Article VI may be subject to the terms of the Intercreditor Agreement.
