Intercreditor and Collateral Agency Agreement. This INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT dated as of October 28, 2005 (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with the provisions hereof, this “Agreement”) is among:
Intercreditor and Collateral Agency Agreement. Each of the Noteholders or its counsel and the Collateral Agent shall have received the Intercreditor Agreement, dated as of the Effective Date, duly executed and delivered by the Company and each other party thereto, in the form attached hereto as Exhibit 3.5.
Intercreditor and Collateral Agency Agreement. Each Note is hereby amended by deleting Section 1.1.26 of each Note in its entirety and replacing it with the following:
Intercreditor and Collateral Agency Agreement. References herein to the Intercreditor and Collateral Agency Agreement shall not be deemed to incorporate the whole or any part of that agreement herein and that agreement shall not inure to the benefit of the Company and the Company shall not be entitled to rely upon any of its provisions except as provided in the Common Agreement; provided that the Company shall in no way be in default of any obligations hereunder because of, and no Event of Default shall exist hereunder, as a result of failure of the Trustee or any Bondholder to comply with the Intercreditor and Collateral Agency Agreement.
Intercreditor and Collateral Agency Agreement. The Intercreditor and Collateral Agency Agreement ceases to be effective with respect to the parties thereto.
Intercreditor and Collateral Agency Agreement. Each Vendor (or its counsel) shall have received from each Restricted Company and the Administrative Agent a counterpart of the Intercreditor and Collateral Agency Agreement signed on behalf of such party.
Intercreditor and Collateral Agency Agreement. THIS INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT dated as of July 1, 2008 (this “Agreement”), is entered into by and among (i) Bank of America, N.A., in its capacity as Collateral Agent (as hereinafter defined), (ii) Bank of America, N.A., in its capacity as administrative agent (the “Credit Facility Agent”) under the Credit Facility Agreement (as hereinafter defined) on behalf of itself and each of the Secured Lender Parties (as hereinafter defined), (iii) each of the institutional investors listed on Schedule 1 attached hereto (together with their respective successors and assigns, each a “Noteholder” and collectively, the “Noteholders”), (iv) the Company (as hereinafter defined) and (v) the Guarantors (as hereinafter defined).
Intercreditor and Collateral Agency Agreement. This Intercreditor and Collateral Agency Agreement (this “Agreement”), dated as of this 11th day of October 2012, is by and among Bank of America, N.A. (“Bank of America”), in its capacity as administrative agent and collateral agent under the Credit Agreement referenced below (in such capacity, together with any assignee, successor or replacement, the “Bank Agent”) and on behalf of the Secured Bank Creditors (as defined below), the Noteholders (as defined below) from time to time party hereto, Bank of America, in its capacity as collateral agent for the Secured Creditors (as defined below) (in such capacity, together with any successor or replacement agent which may be appointed pursuant to this Agreement, the “Collateral Agent”) and Granite Construction Incorporated (the “Company”) for itself and on behalf of the Loan Parties (as defined below). All terms used herein which are defined in Section 1 hereof or in the text of any other Section hereof shall have the meanings given therein.
Intercreditor and Collateral Agency Agreement. HOU03:1283630 Noteholder its respective portion of all payments so received in accordance with the terms of this Agreement;
Intercreditor and Collateral Agency Agreement. HOU03:1283630 received by the Collateral Agent under or in connection with the Security Documents or this Agreement; and the Collateral Agent shall provide each Noteholder with a schedule of all costs and expenses which the Collateral Agent has paid or proposes to pay from the proceeds of such payments or repayments as permitted hereunder.
