Common use of Intercreditor Arrangements Clause in Contracts

Intercreditor Arrangements. Each of the Lender Parties hereby acknowledges that it has received and reviewed the Intercreditor Agreement and agrees to be bound by the terms thereof. Each Lender Party (and each Person that becomes a Lender Party hereunder pursuant to Section 10.07) hereby (i) acknowledges that Citicorp USA, Inc. is acting under the Intercreditor Agreement in multiple capacities as the Administrative Agent (and/or the Collateral Agent) and the Term Facility Administrative Agent (and/or the “Collateral Agent” under the Term Facility) and (ii) waives any conflict of interest, now contemplated or arising hereafter, in connection therewith and agrees not to assert against Citicorp USA, Inc. any claims, causes of action, damages or liabilities of whatever kind or nature relating thereto. Each Lender Party (and each Person that becomes a Lender Party hereunder pursuant to Section 10.07) hereby authorizes and directs Citicorp USA, Inc. to enter into the Intercreditor Agreement on behalf of such Lender Party and agrees that Citicorp USA, Inc., in its various capacities thereunder, may take such actions on its behalf as is contemplated by the terms of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and the Collateral Documents, the terms of the Intercreditor Agreement shall govern and control except as expressly set forth in the Intercreditor Agreement.

Intercreditor Arrangements. Each of the Lender Parties Lenders hereby acknowledges that it has received and reviewed the Intercreditor Agreement and agrees to be bound by the terms thereof. Each Lender Party (and each Person that becomes a Lender Party hereunder pursuant to Section 10.0710.08) hereby (i) acknowledges that Citicorp USACS, Inc. is GECC and Xxxxx are acting under the Intercreditor Agreement in multiple capacities as the Administrative Agent (and/or the Collateral Agent) Agent and the Term Facility Administrative Agent (administrative and and/or the “Collateral Agent” under collateral agent with respect to the Term Loan Facility) and (ii) waives any conflict of interest, now contemplated or arising hereafter, in connection therewith and agrees not to assert against Citicorp USACS, Inc. GECC or Xxxxx any claims, causes of action, damages or liabilities of whatever kind or nature relating thereto. Each Lender Party (and each Person that becomes a Lender Party hereunder pursuant to Section 10.0710.08) hereby authorizes and directs Citicorp USACS, Inc. GECC and Xxxxx to enter into the Intercreditor Agreement on behalf of such Lender Party and agrees that Citicorp USACS, Inc.GECC and Xxxxx, in its their various respective capacities thereunder, may take such actions on its behalf as is contemplated by the terms of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and the Collateral Documentsany other Loan Document, the terms of the Intercreditor Agreement shall govern and control except as expressly set forth in the Intercreditor Agreement.

Intercreditor Arrangements. Each of the Lender Parties Lenders hereby acknowledges that it has received and reviewed the Intercreditor Agreement and agrees to be bound by the terms thereof. Each Lender Party (and each Person that becomes a Lender Party hereunder pursuant to Section 10.0710.08) hereby (i) acknowledges that Citicorp USACS, Inc. is GECC and Wachovia are acting under the Intercreditor Agreement in multiple capacities as the Administrative Agent (and/or the Collateral Agent) Agent and the Term Facility Administrative Agent (administrative and and/or the “Collateral Agent” under collateral agent with respect to the Term Revolving Credit Facility) and (ii) waives any conflict of interest, now contemplated or arising hereafter, in connection therewith and agrees not to assert against Citicorp USACS, Inc. GECC or Wachovia any claims, causes of action, damages or liabilities of whatever kind or nature relating thereto. Each Lender Party (and each Person that becomes a Lender Party hereunder pursuant to Section 10.0710.08) hereby authorizes and directs Citicorp USACS, Inc. GECC and Wachovia to enter into the Intercreditor Agreement on behalf of such Lender Party and agrees that Citicorp USACS, Inc.GECC and Wachovia, in its their various respective capacities thereunder, may take such actions on its behalf as is contemplated by the terms of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and the Collateral Documentsany other Loan Document, the terms of the Intercreditor Agreement shall govern and control except as expressly set forth in the Intercreditor Agreement.

Intercreditor Arrangements. Each of the Lender Parties Lenders hereby acknowledges that it has received and reviewed the Intercreditor Agreement and agrees to be bound by the terms thereof. Each Lender Party (and each Person that becomes a Lender Party hereunder pursuant to Section 10.07) hereby (i) acknowledges that Citicorp USA, Inc. is acting under the Intercreditor Agreement in multiple capacities as the Administrative Agent (and/or the Collateral Agent) and the Term Revolving Facility Administrative Agent (and/or the “Collateral Agent” under the Term Revolving Credit Facility) and (ii) waives any conflict of interest, now contemplated or arising hereafter, in connection therewith and agrees not to assert against Citicorp USA, Inc. any claims, causes of action, damages or liabilities of whatever kind or nature relating thereto. Each Lender Party (and each Person that becomes a Lender Party hereunder pursuant to Section 10.07) hereby authorizes and directs Citicorp USA, Inc. to enter into the Intercreditor Agreement on behalf of such Lender Party and agrees that Citicorp USA, Inc., in its various capacities thereunder, may take such actions on its behalf as is contemplated by the terms of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and the Collateral Documents, the terms of the Intercreditor Agreement shall govern and control except as expressly set forth in the Intercreditor Agreement.