Common use of Subject to Intercreditor Agreement Clause in Contracts

Subject to Intercreditor Agreement. Each Holder of the Notes, by accepting a Note, agrees to be bound by all of the terms and provisions of the Indenture and the Intercreditor Agreement, as the same may be amended from time to time, and acknowledges that the claims of the Holders of the Notes are subject to the Intercreditor Agreement. Each Holder, by accepting a Note, authorizes and requests the Security Agent to, on such Holder’s behalf, (i) make all undertakings, representations, offers and agreements of the Security Agent set forth in the Intercreditor Agreement and (ii) take all actions called for to be taken by the Security Agent in the Intercreditor Agreement. ASSIGNMENT FORM To assign this Note, fill in the form below:

Subject to Intercreditor Agreement. Each Holder of the Notes, by accepting a Note, agrees to be bound by all of the terms and provisions of the Indenture and the Intercreditor Agreement, as the same may be amended from time to time, and acknowledges that the claims of the Holders of the Notes are subject to the Intercreditor Agreement. Each Holder, by accepting a Note, authorizes and requests the Security Agent to, on such HolderXxxxxx’s behalf, (i) make all undertakings, representations, offers and agreements of the Security Agent set forth in the Intercreditor Agreement and (ii) take all actions called for to be taken by the Security Agent in the Intercreditor Agreement. ASSIGNMENT FORM To assign this the Note, fill in the form below: