Common use of Intercreditor Agreement Clause in Contracts

Intercreditor Agreement. Notwithstanding anything to the contrary contained herein, each Lender acknowledges that the Lien and security interest granted to the Collateral Agent pursuant to the Security Documents and the exercise of any right or remedy by such Collateral Agent thereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, and the Security Documents, on the other hand, the terms of the Intercreditor Agreement shall govern and control.

Appears in 13 contracts

Samples: Credit Agreement (Novelis Inc.), Security Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)

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Intercreditor Agreement. Notwithstanding anything to the contrary contained herein, each Lender acknowledges that the Lien and security interest granted to the Collateral Agent pursuant to the Security Documents and the exercise of any right or remedy by such Collateral Agent thereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other hand, the terms of the Intercreditor Agreement shall govern and control.

Appears in 13 contracts

Samples: Credit Agreement (Novelis Inc.), Security Agreement (Novelis South America Holdings LLC), Credit Agreement (Novelis Inc.)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien lien and security interest granted to the Collateral Agent pursuant to the Security Documents this Agreement and the exercise of any right or remedy by such the Collateral Agent thereunder hereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, on the one hand, and the Security Documents, on the other hand, the terms of the Intercreditor Agreement shall govern and control.

Appears in 8 contracts

Samples: Second Lien Credit Agreement (SMART Technologies Inc.), Security Agreement (Emdeon Inc.), Pledge and Security Agreement (Sabre Corp)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien Liens and security interest interests granted to the Collateral Agent pursuant to the Security Documents Documents, and the exercise of any right or remedy by such the Collateral Agent thereunder hereunder or thereunder, are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other handterms of this Agreement, the terms of the Intercreditor Agreement shall govern and control.

Appears in 6 contracts

Samples: Credit Agreement (Tops Holding Ii Corp), Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Tops Holding Corp)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender also acknowledges that the Lien and security interest granted to the Collateral Agent pursuant to the Security Documents and the exercise of any right or remedy by such the Collateral Agent thereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other hand, the terms of the Intercreditor Agreement shall govern and control.

Appears in 5 contracts

Samples: Second Lien Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien Liens and security interest interests granted to the Collateral Agent pursuant to the Security Documents this Agreement, and the exercise of any right or remedy by such the Collateral Agent thereunder hereunder, are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other handterms of this Agreement, the terms of the Intercreditor Agreement shall govern and control.

Appears in 4 contracts

Samples: Security Agreement (Tops Holding Ii Corp), Security Agreement (Tops Markets Ii Corp), Security Agreement (Tops Holding Corp)

Intercreditor Agreement. Notwithstanding anything to the contrary contained herein, each Lender acknowledges that the Lien and security interest granted to the Collateral Agent pursuant to the Security Documents and the exercise of any right or remedy by such Collateral Agent thereunder are may become subject to the provisions of the First Lien Intercreditor Agreement. In the event of any conflict between the terms of the First Lien Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other hand, the terms of the First Lien Intercreditor Agreement shall govern and control.

Appears in 3 contracts

Samples: Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien Liens and security interest interests granted to the Collateral Agent pursuant to the Security Documents Collateral Documents, and the exercise of any right or remedy by such the Collateral Agent thereunder hereunder or thereunder, are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other handterms of this Agreement, the terms of the Intercreditor Agreement shall govern and control.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp), Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp), Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien and security interest Security Interest granted to the Collateral Agent pursuant to the Security Documents this Agreement and the exercise of any right or remedy by such the Collateral Agent thereunder hereunder are subject to the provisions of the ABL Intercreditor Agreement. In the event of any conflict between the terms of the ABL Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other handterms of this Agreement, the terms of the ABL Intercreditor Agreement shall govern and control.

Appears in 2 contracts

Samples: Credit Agreement (Quiksilver Inc), Security Agreement (Quiksilver Inc)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien Liens and security interest interests granted to the Collateral Agent Agent, for the benefit of the Credit Parties, pursuant to the Security Documents this Agreement and the exercise of any right or remedy by such the Collateral Agent thereunder hereunder are subject to the provisions of the Intercreditor AgreementAgreements. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreements and the Security Documents, on the other handterms of this Agreement, the terms of the applicable Intercreditor Agreement shall govern and control.

Appears in 2 contracts

Samples: Credit Agreement (Quiksilver Inc), Security Agreement (Quiksilver Inc)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien and security interest granted to the Collateral Agent pursuant to the Pledge and Security Documents Agreement and the exercise of any right or remedy by such Collateral Agent thereunder hereunder or under the Pledge and Security Agreement are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, on the one hand, and the Security Documents, on the other hand, the terms of the Intercreditor Agreement shall govern and control.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (BrightSource Energy Inc)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien and security interest granted to the Collateral Agent Agents pursuant to the Security Documents and the exercise of any right or remedy by such Collateral Agent Agents thereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other hand, the terms of the Intercreditor Agreement shall govern and control.. 183

Appears in 1 contract

Samples: Credit Agreement (Linens N Things Inc)

Intercreditor Agreement. Notwithstanding anything to the contrary contained herein, each Lender acknowledges that the Lien and security interest granted to the Collateral Agent pursuant to the Security Documents and the exercise of any right or remedy by such Collateral Agent thereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, and the Security Documents, on the other hand, the terms of the Intercreditor Agreement shall govern and control.. Section 11.18

Appears in 1 contract

Samples: Credit Agreement (Novelis Inc.)

Intercreditor Agreement. Notwithstanding anything to the contrary contained herein, each Lender acknowledges that the Lien Liens and security interest interests granted to the Collateral Agent pursuant to the Security Documents and the exercise of any right or remedy by such Collateral Agent thereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other hand, the terms of the Intercreditor Agreement shall govern and control.

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

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Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien Liens and security interest interests granted to the Collateral Agent pursuant to the Security Documents this Agreement and the exercise of any right or remedy by such the Collateral Agent thereunder hereunder, in each case, with respect to the Collateral are subject to the limitations and provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other handterms of this Agreement, the terms of the Intercreditor Agreement shall govern and control.

Appears in 1 contract

Samples: Security Agreement (Sears Holdings Corp)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien and security interest granted to the Collateral Agent Agents pursuant to the Security Documents and the exercise of any right or remedy by such Collateral Agent Agents thereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other hand, the terms of the Intercreditor Agreement shall govern and control.. [Signature Pages Follow] 153

Appears in 1 contract

Samples: Credit Agreement (LNT Leasing II, LLC)

Intercreditor Agreement. (a) . Notwithstanding anything herein to the contrary contained hereincontrary, each Lender also acknowledges that the Lien and security interest granted to the Collateral Agent pursuant to the Security Documents and the exercise existence of any right or remedy by such the Collateral Agent thereunder are subject to the provisions of the Intercreditor Agreement. In the event of any a conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the any Security Documents, on the other handDocument, the terms of the Intercreditor Agreement shall govern and control. Each Lender hereby authorizes the Collateral Agent to enter into the Intercreditor Agreement on behalf of such Lender.

Appears in 1 contract

Samples: First Lien Term Loan Credit Agreement (Alkermes Plc.)

Intercreditor Agreement. Notwithstanding anything to the contrary contained herein, each Lender acknowledges that the Lien Liens and security interest granted to the Collateral Agent pursuant to the Security Documents and the exercise of any right or remedy by such Collateral Agent thereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other hand, the terms of the Intercreditor Agreement shall govern and control.

Appears in 1 contract

Samples: Collateral Agreement (Wesco International Inc)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien Liens and security interest interests granted to the Collateral Agent pursuant to the Security Documents this Agreement and the exercise of any right or remedy by such the Collateral Agent thereunder hereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other handterms of this Agreement, the terms of the Intercreditor Agreement shall govern and controlgovern.

Appears in 1 contract

Samples: Security Agreement (Airspan Networks Holdings Inc.)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender also acknowledges that the Lien and security interest granted to the Collateral Agent pursuant to the Security Documents and the exercise existence of any right or remedy by such the Collateral Agent thereunder are subject to the provisions of the Intercreditor Agreement. In the event of any a conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the any Security Documents, on the other handDocument, the terms of the Intercreditor Agreement shall govern and control. Each Lender hereby authorizes the Collateral Agent to enter into the Intercreditor Agreement on behalf of such Lender.

Appears in 1 contract

Samples: Intercreditor Agreement (KCG Holdings, Inc.)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien lien and security interest granted to the Collateral Agent pursuant to the any Security Documents Document (including, without limitation, this Agreement) and the exercise of any right or remedy by such the Collateral Agent thereunder hereunder or under any other Security Document are subject to the provisions of the each Intercreditor Agreement, as applicable. In the event of any conflict between the terms of the any Intercreditor Agreement, on the one hand, this Agreement and the any other Security Documents, on the other handDocument, the terms of the applicable Intercreditor Agreement shall govern and controlcontrol with respect to any right or remedy.

Appears in 1 contract

Samples: Security Agreement (GeoEye, Inc.)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien Liens and security interest interests granted to the Collateral Agent pursuant to this Agreement and the Security Documents Financing Orders and the exercise of any right or remedy by such the Collateral Agent thereunder hereunder are subject to the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, Agreement and the Security Documents, on the other handterms of this Agreement, the terms of the Intercreditor Agreement shall govern and control.

Appears in 1 contract

Samples: Patent Security Agreement (Sears Holdings Corp)

Intercreditor Agreement. Notwithstanding anything herein to the contrary contained hereincontrary, each Lender acknowledges that the Lien and security interest granted to the Collateral Agent pursuant to the Security Documents this Supplement and the exercise of any right or remedy by such the Collateral Agent thereunder are hereunder or under the Security Agreement, as supplemented hereby, is subject to the terms, conditions and provisions of the Intercreditor AgreementAgreement in all respects. In the event of any conflict between the terms of the Intercreditor Agreement, on the one hand, and the Security Documents, on the other handAgreement and this Supplement, the terms of the Intercreditor Agreement shall govern and controlcontrol in all respects.

Appears in 1 contract

Samples: Credit Agreement (Hanesbrands Inc.)

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