Execution of Intercreditor Agreement. Subject to the provisions of Article Twelve and other applicable provisions of this Indenture, the Company is permitted to enter into an Eligible Credit Facility at any time on or after the Issue Date; provided that (i) entering into the Eligible Credit Facility is not prohibited by Section 4.12 and (ii) the Liens upon any property or assets of the Company securing Indebtedness under the Eligible Credit Facility are Permitted Liens, in each case, as evidenced to the Trustee in an Officers' Certificate delivered to the Trustee concurrently with the entering into an Eligible Credit Facility. As a condition precedent to the Company's ability on or after the Issue Date to enter into an Eligible Credit Facility, the Company and any Lenders party thereto shall execute and deliver to the Trustee an Eligible Facility Intercreditor Agreement, substantially in the form of Exhibit G attached hereto, providing, among other things, that (i) such Lenders' security interest in certain of the assets of the Company shall be senior to the Collateral Agent's security interest in such assets, (ii) during any insolvency proceedings, the Lenders and the Collateral Agent will coordinate their efforts to give effect to the relative priority of their security interests in such properties and assets, and (iii) following an Event of Default, all decisions with respect to such properties and assets, including the time and method of any disposition thereof, will be made in accordance with the terms of such Eligible Facility Intercreditor Agreement, in each case, subject to the terms and provisions of this Indenture, the Collateral Agreements, the New Intercreditor Agreements and the Existing Intercreditor Agreement.
Execution of Intercreditor Agreement. Avalanche Resources, Ltd. shall have executed and delivered to Lender an intercreditor agreement (the "Intercreditor Agreement") substantially in the form of Exhibit E attached hereto acknowledging that any and all liens and security interests held by Avalanche Resources, LTD in the Assets are subordinate to the liens, rights, remedies and powers granted to Lender pursuant to this Agreement and the Loan Documents.
Execution of Intercreditor Agreement. Concurrently with the execution of this Amendment, (a) the Existing Credit Agreement is being amended and restated in its entirety as set forth in Exhibit C (as so amended and restated, or as hereafter amended, modified or supplemented, the “Existing Credit Agreement”); and (b) the Borrower, the Lender and Bank of America are entering into an Intercreditor Agreement in the form attached as Exhibit D (such agreement, as amended, modified or supplemented from time to time, the “Intercreditor Agreement”).
Execution of Intercreditor Agreement. The Bank hereby agrees to ------------------------------------ duly authorize, execute, deliver and perform its obligations under the Intercreditor Agreement.
Execution of Intercreditor Agreement. Upon any written request by the Company, the Trustee shall execute and deliver one or more Intercreditor Agreements to evidence the payment and lien subordination of the Notes to Senior Indebtedness. The provisions of the Intercreditor Agreement shall benefit each holder of Senior Indebtedness as if such agreement were fully set forth herein and reflecting the applicable name(s) of the Senior Agent and the appropriate reference(s) to the Senior Facility, whether or not the applicable Senior Lender or the Collateral Agent has executed and delivered the Intercreditor Agreement, so long as such Senior Agent consents to be bound by the obligations applicable to the Senior Agent as set forth therein.
Execution of Intercreditor Agreement. The Trustee shall execute the Intercreditor Agreement, in its capacity as Trustee under this Indenture, without any further consent or approval from the Holders or the Issuer. Each Holder, by its acceptance of Notes: (a) authorizes the Trustee to enter into the Intercreditor Agreement and any subsequent amendments or modifications thereto that (i) are requested by the Issuer; or (ii) are minor or administrative in nature without further authorization of the Holders; and (b) acknowledges and agrees that the Trustee shall not be responsible to approve, review or otherwise negotiate the terms of the Intercreditor Agreement on behalf of the Holders or the Issuer and that the Trustee shall not be liable to the Holders for any of the terms or provisions contained in the Intercreditor Agreement. The Holders further acknowledge that the Trustee has not and will not provide any advice to the Holders of the Notes in respect of this Indenture or the Security Documents, the adequacy of this Indenture or the Security Documents or as to the priority, registration or perfection of their interest in the Collateral. ARTICLE 13
Execution of Intercreditor Agreement. No later than three (3) Business Days following the later of (i) the entry by the Borrower into this Consent Agreement and (ii) the signing by the parties thereto of the Intercreditor Agreement (as defined in the Final Facilities Agreement), and in any event prior to the Closing, the Lender shall duly execute and deliver its counterpart to the SBLC Intercreditor Agreement in the form attached hereto as Annex A (the “SBLC Intercreditor Agreement”) to the Borrower and the Agent (as defined in the Final Facilities Agreement) on behalf of the Finance Parties (as defined in the Final Facilities Agreement).
Execution of Intercreditor Agreement. Execution of an Intercreditor Agreement by and among Xxxxxx, WRI and Recovery Lender (the "Intercreditor Agreement"), in form satisfactory to Xxxxxx, the terms of which effectuate the provisions of Section 2.3.1 above.
Execution of Intercreditor Agreement. Concurrently with the execution and delivery of this Indenture, the Company, the Parent Guarantor, the Subsidiary Guarantors, any Approved Hedge Counterparties or Hedge Liquidity Providers party thereto, the Collateral Agent and the Trustee will execute and deliver the Intercreditor Agreement. [Signatures on following page]
Execution of Intercreditor Agreement. Execution of an Intercreditor Agreement by and among Allsup, WRI and Recovery Lender (the "Intercreditor Agreement"), in fxxx xxtisfactory to Allsup, the terms of which effectuate the provisions of Section 2.3.1 xxxxx.
