Inter-Creditor Agreement. Each Investor hereby agrees that the payment of all amounts due under the Debentures shall be shared in proportion to the amount owed to each Investor pursuant to their Debenture. To the extent that any Investor receives a Debenture payment in excess of the payment amount due to such Investor pursuant to such Investor's Debenture, the other Investors shall immediately be notified and such excess amounts shall be paid to such parties on a pro-rata basis. If an Event of Default (as defined in the Debentures) occurs under any Debenture and any Investor collects proceeds pursuant to its rights hereunder and under the Debentures, the other Investors shall be immediately notified and such proceeds shall be shared with the other Investors on a pro-rata basis. To the extent that any Investor receives a payment that is in excess of its pro-rata portion of the payment received by all Investors, such excess payment shall be deemed to be held in trust by such Investor on behalf of the other Investors.
Inter-Creditor Agreement. So long as the Inter-Creditor Agreement remains in effect, the rights and remedies set forth in this Article 7 shall be subject to the provisions of the Inter-Creditor Agreement.
Inter-Creditor Agreement. This Agreement is subject to that certain subordination and intercreditor agreement by and between Mengnu (as defined therein) and the Xxxxxxxx Convertibles Litigation Trust, dated February 22, 2011.
Inter-Creditor Agreement. (a) If any Hudbay PMPA Entity wishes to grant an Encumbrance (other than an Encumbrance set out in clauses (v) or (vi) of the definition of “Permitted Encumbrances”) over any Collateral to any Lenders as security for the payment or performance of any Financing, then Silver Wheaton agrees to enter into an inter-creditor agreement (in each such case, an “Inter-creditor Agreement”) with the Lenders (such agreement to be negotiated in good faith), on the principal terms and conditions set out in Schedule H. [Redacted — Commercially sensitive information] [Agreement to terms and conditions].
Inter-Creditor Agreement. The Bond Trustee shall have executed and delivered to and in favour of the Lender, an inter-creditor agreement, in form and substance satisfactory to the Lender confirming, among other things, the Lender's first priority perfected security lien on and security interest in the Collateral and the Guarantor Collateral, as applicable.
Inter-Creditor Agreement. The Trustee is authorized and directed to enter into the Inter-Creditor Agreement in respect of the Debentures.
Inter-Creditor Agreement. The Borrower and the Lender each acknowledge and agree that the rights and remedies granted to each of them hereunder, and any proceeds of realization of Collateral resulting from the exercise of such rights and remedies, are in all respects subject to the Inter-Creditor Agreement. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] WSLEGAL\069969\00003\13827640v2 359 360 SCHEDULE "A" Part I Location of the Debtor’s Chief Executive Office
Inter-Creditor Agreement. The Lenders agree to enter into an "Inter-Creditor Agreement", in form and substance satisfactory to the Lenders, which will provide, among other things, for the relative rights and remedies of the Lenders with respect to the Loan and Collateral.
Inter-Creditor Agreement. The rights and obligations of the parties hereunder with respect to payment collection and priority of security, enforcement notice, standstill of creditors' rights and other matters between the Trustee and other creditors of the Company are subject to the terms of the Inter-Creditor Agreement.
Inter-Creditor Agreement. This Indenture, the Secured Notes and the Secured Note Loan Documents are subject to the provisions of the Inter-Creditor Agreement and the Province Inter-Creditor Agreement for so long as the same remain in effect and, notwithstanding any of the other provisions of this Indenture, the Secured Notes or the Secured Note Loan Documents, the exercise by the Trustee and/or the Noteholders of any rights and remedies hereunder and thereunder and any action taken by the Trustee and/or the Noteholders hereunder and thereunder shall be subject to the terms of the Inter-Creditor Agreement and the Province Inter-Creditor Agreement for so long as the same remain in effect; provided however, and for greater certainty, the foregoing will not be deemed to amend or alter the terms hereof or thereof or the rights and obligations hereunder and thereunder as between the Trustee, the Noteholders, the Corporation, the Restricted Subsidiaries and the Unrestricted Subsidiaries.
