Collateral Agency And Intercreditor Agreement Sample Contracts

Intelsat S.A. – INTELSAT CONNECT FINANCE S.A. COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT JOINDER OF ADDITIONAL GRANTORS December 22, 2016 (February 28th, 2017)

Reference is made to the Collateral Agency and Intercreditor Agreement dated as of January 12, 2011 (as amended, supplemented, amended and restated or otherwise modified and in effect from time to time, the Collateral Agency and Intercreditor Agreement) among INTELSAT (LUXEMBOURG) S.A., a public limited liability company (societe anonyme) existing as societe anonyme under the laws of the Grand Duchy of Luxembourg, having its registered office at 4, rue Albert Borschette, L-1246 Luxembourg and registered with the Luxembourg trade and companies register under number B149.942 (Holdings), INTELSAT JACKSON HOLDINGS S.A., a public limited liability company (societe anonyme) existing as societe anonyme under the laws of the Grand Duchy of Luxembourg, having its registered office at 4, rue Albert Borschette, L-1246 Luxembourg and registered with the Luxembourg trade and companies register under number B149.959 (the Company), the other Grantors from time to time party hereto, BANK OF AMERICA, N

Talen Energy Corp – EXECUTED VERSION COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of April 28, 2014 Among NEW MACH GEN, LLC, THE GUARANTORS, From Time to Time Party Hereto, CLMG CORP., as First Lien Administrative Agent, and CLMG CORP., as First Lien Collateral Agent (February 29th, 2016)
Collateral Agency and Intercreditor Agreement (January 6th, 2016)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this "Agreement"), dated as of December 30, 2015, is entered into among Mark Sieczkarek, a resident of the United States ("Sieczkarek"); The Gail J. Maderis Revocable Trust, a trust of the United States ("Maderis"); Jian Ping Fu, a resident of the Republic of China ("Fu"); Pioneer Pharma (Singapore) Pte. Ltd, a corporation based in Singapore ("Pioneer"); and T. Alex McPherson, a resident of Canada ("McPherson"), (collectively, the "Noteholders"), together with China Kington Asset Management Co. Ltd., in its capacity as collateral agent for the Noteholders (the "Collateral Agent").

A-Mark Precious Metals, Inc. – Second Amended and Restated Collateral Agency and Intercreditor Agreement (September 16th, 2014)

This SECOND AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this "Agreement") is dated as of September 4, 2014, by and among BNP PARIBAS, RB INTERNATIONAL FINANCE (USA) LLC, f/k/a RZB FINANCE LLC, NATIXIS, NEW YORK BRANCH, ABN AMRO CAPITAL USA LLC, COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., "RABOBANK INTERNATIONAL", NEW YORK BRANCH, HSBC BANK USA, N.A. ("HSBC") (but only for purposes of Section XIX hereof), BROWN BROTHERS HARRIMAN & CO. ("BBH") and any other entities that may become a party to this Agreement pursuant to the terms hereof (each individually a "Lender," and collectively the "Lenders") and BBH in its capacity as agent for itself as a Lender and all other Lenders (the "Agent") and A-MARK PRECIOUS METALS, INC., a Delaware corporation (the "Company"). This Agreement amends and restates in its entirety the Amended and Restated Collateral Agency Agreement dated as of November 30, 1999, as amended, entered into by the Agent, the Company and the Le

Nrg Yield Inc. – First Amendment to Credit Agreement and Collateral Agency and Intercreditor Agreement (August 7th, 2014)

This FIRST AMENDMENT TO CREDIT AGREEMENT AND COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of July 17, 2014 (this "First Amendment"), is entered into by and among NRG MARSH LANDING LLC (f/k/a Mirant Marsh Landing, LLC), a Delaware limited liability company (the "Borrower"), THE ROYAL BANK OF SCOTLAND PLC as administrative agent for the Lenders (in such capacity, together with its successors and permitted assigns in such capacity, the "Administrative Agent"), DEUTSCHE BANK TRUST COMPANY AMERICAS as collateral agent and depositary bank for the Secured Parties (in such capacities, together with its successors and permitted assigns in such capacity, the "Collateral Agent" and the "Depositary Bank", respectively), and the Lenders party hereto, and is made with reference to the Existing Credit Agreement referred to below. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Amended and Restated Credit Agreement or the Collateral

Modine Manufacturing Company – First Amendment to Amended and Restated Collateral Agency and Intercreditor Agreement (September 4th, 2013)

FIRST AMENDMENT TO AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this "Amendment"), is made as of August 30, 2013, among the Secured Parties (as defined herein) of Modine Manufacturing Company, a Wisconsin corporation (the "Company" or "Borrower"), and of certain Domestic Subsidiaries (as defined below) of the Company, and JPMorgan Chase Bank, N.A., as Collateral Agent.

Gastar Exploration – Amended and Restated Collateral Agency and Intercreditor Agreement (November 7th, 2012)

This AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this Agreement) is entered into as of August 27, 2012 by and among BP ENERGY COMPANY, a Delaware corporation (BP), SHELL ENERGY NORTH AMERICA (US), L.P., a Delaware limited partnership (Shell), any other Person (as defined below) that hereafter becomes a party to this Agreement as an "Approved Hedge Counterparty" (as defined below) pursuant to Section 2(o) hereof, GASTAR EXPLORATION USA, INC., a Delaware corporation (Borrower), GASTAR EXPLORATION, LTD., an Alberta, Canada corporation (Parent), GASTAR EXPLORATION NEW SOUTH WALES, INC., a Michigan corporation (Gastar New South Wales), GASTAR EXPLORATION VICTORIA, INC., a Michigan corporation (Gastar Victoria), GASTAR EXPLORATION TEXAS, INC., a Michigan corporation (Gastar Texas Inc.), GASTAR EXPLORATION TEXAS, LP, a Delaware limited partnership (Gastar Texas LP), GASTAR EXPLORATION TEXAS LLC, a Delaware limited liability company (Gastar Texas LLC, and Parent, Gastar

COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of July 2, 2012 Among ZAYO GROUP, LLC, ZAYO CAPITAL, INC. And the Other Grantors Referred to Herein, as Grantors, MORGAN STANLEY SENIOR FUNDING, INC., as Administrative Agent for the Term Loan Facility Under the Credit Agreement, SUNTRUST BANK, as Administrative Agent for the Revolving Loan Facility Under the Credit Agreement, SUNTRUST BANK, as Joint Collateral Agent, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Initial Notes Authorized Representative. (July 2nd, 2012)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (as amended, amended and restated, supplemented, replaced or otherwise modified from time to time, this Agreement), dated as of July 2, 2012, is made by and among ZAYO GROUP, LLC and ZAYO CAPITAL, INC. (the Companies, and each a Company), the other Grantors listed on the signature pages hereof, SUNTRUST BANK (SunTrust), as joint collateral agent (in such capacity, and together with any successor joint collateral agent appointed pursuant to Article VI hereof, the Joint Collateral Agent), SunTrust, as Administrative Agent for the revolving loan facility under the Credit Agreement (as defined below) (in such capacity, and together with any successor appointed pursuant to the Credit Agreement, the Revolving Facility Administrative Agent), Morgan Stanley Senior Funding, Inc., as Administrative Agent for the term loan facility under the Credit Agreement (in such capacity, and together with any successor appointed pursuant to the Credit Agree

COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Among THE ROYAL BANK OF SCOTLAND PLC, in Its Capacity as Administrative Agent, DEUTSCHE BANK TRUST COMPANY AMERICAS, in Its Capacity as Collateral Agent and as Depositary Bank, Each Other SECURED PARTY From Time to Time Party Hereto, MIRANT MARSH LANDING, LLC, as the Borrower Dated as of October 8, 2010 (March 1st, 2011)

COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this Agreement), dated as of October 8, 2010 among MIRANT MARSH LANDING, LLC, a limited liability company organized under the laws of Delaware (the Borrower), THE ROYAL BANK OF SCOTLAND PLC, in its capacity as Administrative Agent (the Administrative Agent), DEUTSCHE BANK TRUST COMPANY AMERICAS, in its capacities as Collateral Agent (the Collateral Agent) and as Depositary Bank (the Depositary Bank) and each other Secured Party from time to time party hereto.

COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of January 12, 2011 Among INTELSAT (LUXEMBOURG) S.A., INTELSAT JACKSON HOLDINGS S.A., THE OTHER GRANTORS FROM TIME TO TIME PARTY HERETO, BANK OF AMERICA, N.A., as Administrative Agent Under the Existing Credit Agreement, EACH ADDITIONAL FIRST LIEN REPRESENTATIVE From Time to Time a Party Hereto, EACH SECOND LIEN REPRESENTATIVE From Time to Time a Party Hereto and WILMINGTON TRUST FSB, as Collateral Trustee (January 19th, 2011)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this Agreement) is dated as of January 12, 2011 and is by and among INTELSAT (LUXEMBOURG) S.A., a public limited liability company (societe anonyme) existing as societe anonyme under the laws of the Grand Duchy of Luxembourg, having its registered office at 4, rue Albert Borschette, L-1246 Luxembourg and registered with the Luxembourg trade and companies register under number B149.942 (Holdings), INTELSAT JACKSON HOLDINGS S.A., a public limited liability company (societe anonyme) existing as societe anonyme under the laws of the Grand Duchy of Luxembourg, having its registered office at 4, rue Albert Borschette, L-1246 Luxembourg and registered with the Luxembourg trade and companies register under number B149.959 (the Company), the other Grantors from time to time party hereto, BANK OF AMERICA, N.A. (BANA), as Administrative Agent (as defined below), each additional First Lien Representative (as defined below) that executes and deliv

American Fiber Systems Holding Corp – COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of March 12, 2010 Among ZAYO GROUP, LLC, ZAYO CAPITAL, INC. And the Other Grantors Referred to Herein, as Grantors, SUNTRUST BANK, as Joint Collateral Agent, SUNTRUST BANK as Revolving Loan Agent for the Lenders Under the Credit Agreement, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Initial Notes Authorized Representative. (October 18th, 2010)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (as amended, amended and restated, supplemented, replaced or otherwise modified from time to time, this Agreement), dated as of March 12, 2010, is made by and among ZAYO GROUP, LLC and ZAYO CAPITAL, INC. (the Companies, and each a Company), the other Grantors listed on the signature pages hereof, SUNTRUST BANK (SunTrust), as joint collateral agent (in such capacity, and together with any successor joint collateral agent appointed pursuant to Article VI hereof, the Joint Collateral Agent), SunTrust, as administrative agent for the Lenders (as defined below) from time to time party to the Credit Agreement (as defined below) (in such capacity, and together with any successor appointed pursuant to the Credit Agreement, the Revolving Loan Agent), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as indenture trustee for the holders of the Senior Secured Notes (as defined below) under the Initial Notes Agreement (as defined below) (the In

Trico Marine Services, Inc. – TRICO SHIPPING AS AND GUARANTORS PRIORITY FACILITY AGREEMENT SENIOR SECURED 117/8% NOTES DUE 2014 WORKING CAPITAL FACILITY AGREEMENT AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of September 21, 2010 (September 22nd, 2010)

This AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of September 21, 2010 (as amended, supplemented or otherwise modified from time to time, this Agreement), is entered into by and among TRICO SHIPPING AS, a Norwegian limited company (the Company), TRICO SUPPLY AS, a Norwegian limited company (Holdings), the SUBSIDIARIES OF HOLDINGS (other than the Company) from time to time party hereto (each, a Subsidiary Guarantor and, collectively, the Subsidiary Guarantors), TRICO MARINE SERVICES, INC., a Delaware corporation and the indirect parent of the Company (the Parent), TRICO MARINE CAYMAN, L.P., a Cayman Islands exempted limited partnership (Trico Marine Cayman), and TRICO HOLDCO LLC, a Delaware limited liability company (Trico Holdco and, with Trico Marine Cayman, the Intermediate Guarantors and, together with Holdings, the Subsidiary Guarantors and the Parent, the Guarantors), CANTOR FITZGERALD SECURITIES, as the administrative agent (together with its succ

Modine Manufacturing Company – AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT AMONG THE LENDERS, THE NOTEHOLDERS AND JPMORGAN CHASE BANK, N.A., as Collateral Agent Re: Amended and Restated Credit Agreement Dated as of August 12, 2010, and Note Purchase and Private Shelf Agreement Dated as of August 12, 2010 Of (August 17th, 2010)

THIS AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this "Agreement") dated as of August 12, 2010 is entered into among the Secured Parties (as defined below) of Modine Manufacturing Company, a Wisconsin corporation (the "Company" or "Borrower"), and of certain Domestic Subsidiaries (as defined below) of the Company, and JPMorgan Chase Bank, N.A., as Collateral Agent.

Trico Marine Services, Inc. – TRICO SHIPPING AS and GUARANTORS SENIOR SECURED NOTES DUE 2014 WORKING CAPITAL FACILITY AGREEMENT FIRST AMENDMENT DATED AS OF June 29, 2010 TO COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of October 30, 2009 (July 1st, 2010)

This FIRST AMENDMENT, dated as of June 29, 2010 (this Amendment), to the COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of October 30, 2009 (the Collateral Agency and Intercreditor Agreement), is entered into by and among TRICO SHIPPING AS, a Norwegian limited company (the Company), TRICO SUPPLY AS, a Norwegian limited company (Holdings), the SUBSIDIARIES OF HOLDINGS (other than the Company) from time to time party to the Collateral Agency and Intercreditor Agreement (each, a Subsidiary Guarantor and, collectively, the Subsidiary Guarantors), TRICO MARINE SERVICES, INC., a Delaware corporation and the direct parent of the Company (the Parent), TRICO MARINE CAYMAN, L.P., a Cayman Islands exempted limited partnership (Trico Marine Cayman), and TRICO HOLDCO LLC, a Delaware limited liability company (Trico Holdco and, with Trico Marine Cayman, the Intermediate Guarantors and, together with Holdings, the Subsidiary Guarantors and the Parent, the Guarantors), NORDEA BANK FINLAND PLC

Modine Manufacturing Company – COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT AMONG THE LENDERS, THE NOTEHOLDERS AND JPMORGAN CHASE BANK, N.A., as Collateral Agent Re: Credit Agreement Dated as of July 18, 2008, Note Purchase Agreement Dated as of September 29, 2005 and Note Purchase Agreement Dated as of December 7, 2006 of Modine Manufacturing Company Dated as of February 17, 2009 (February 8th, 2010)

THIS COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this "Agreement") dated as of February 17, 2009 is entered into among the Secured Parties (as defined below) of Modine Manufacturing Company, a Wisconsin corporation (the "Company" or "Borrower"), and of certain Domestic Subsidiaries (as defined below) of the Company, and JPMorgan Chase Bank, N.A., as Collateral Agent.

Modine Manufacturing Company – First Amendment to Collateral Agency and Intercreditor Agreement (February 8th, 2010)

THIS FIRST AMENDMENT TO COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of September 18, 2009 (this "Amendment"), is among the Secured Parties (as defined in the Intercreditor Agreement referenced below) of Modine Manufacturing Company, a Wisconsin corporation (the "Company" or "Borrower"), and of certain Domestic Subsidiaries of the Company, and JPMorgan Chase Bank, N.A., as Collateral Agent.

Mohegan Tribal Gaming Authority – Collateral Agency and Intercreditor Agreement (December 28th, 2009)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT is dated as of October 26, 2009 and entered into by and among MOHEGAN TRIBAL GAMING AUTHORITY (the Authority), an instrumentality of The Mohegan Tribe of Indians of Connecticut (the Tribe), MOHEGAN BASKETBALL CLUB, LLC (MBC), a limited liability company formed under the laws of the Tribe, MOHEGAN GOLF, LLC (Mohegan Golf), a limited liability company formed under the laws of the Tribe, MOHEGAN COMMERCIAL VENTURES PA, LLC (MCV-PA), a Pennsylvania limited liability company, MOHEGAN VENTURES-NORTHWEST, LLC (Mohegan Ventures-NW), a limited liability company formed under the laws of the Tribe, MOHEGAN VENTURES WISCONSIN, LLC (MVW), a limited liability company formed under the laws of the Tribe, MTGA GAMING, LLC (MTGA Gaming), a Delaware limited liability company, WISCONSIN TRIBAL GAMING, LLC (WTG), a Delaware limited liability company, DOWNS RACING, L.P. (DOWNS RACING), a Pennsylvania limited partnership, BACKSIDE, L.P. (Backside), a Pennsyl

Trico Marine Services, Inc. – TRICO SHIPPING AS AND SENIOR SECURED 117/8% NOTES DUE 2014 WORKING CAPITAL FACILITY AGREEMENT COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of October 30, 2009 (November 5th, 2009)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of October 30, 2009 (as amended, supplemented or otherwise modified from time to time, this Agreement), is entered into by and among TRICO SHIPPING AS, a Norwegian limited company (the Company), TRICO SUPPLY AS, a Norwegian limited company (Holdings), the SUBSIDIARIES OF HOLDINGS (other than the Company) from time to time party hereto (each, a Subsidiary Guarantor and, collectively, the Subsidiary Guarantors), TRICO MARINE SERVICES, INC., a Delaware corporation and the indirect parent of the Company (the Parent), TRICO MARINE CAYMAN, L.P., a Cayman Islands exempted limited partnership (Trico Marine Cayman), and TRICO HOLDCO LLC, a Delaware limited liability company (Trico Holdco and, with Trico Marine Cayman, the Intermediate Guarantors and, together with Holdings, the Subsidiary Guarantors and the Parent, the Guarantors), NORDEA BANK FINLAND PLC, New York Branch (Nordea), as the administrative agent (the Initial Working Capi

COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of March 29, 2007 Among PLUM POINT ENERGY ASSOCIATES, LLC, as the Borrower, PPEA HOLDING COMPANY, LLC, as Pledgor, THE ROYAL BANK OF SCOTLAND PLC, as Administrative Agent, THE BANK OF NEW YORK, as Collateral Agent, AMBAC ASSURANCE CORPORATION, as Loan Insurer and EACH OF THE OTHER PARTIES HERETO FROM TIME TO TIME (August 10th, 2009)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT is dated as of March 29, 2007, and is entered into by and among PLUM POINT ENERGY ASSOCIATES, LLC, a Delaware limited liability company (the "Borrower"), PPEA HOLDING COMPANY, LLC, a Delaware limited liability company (the "Pledgor"), THE BANK OF NEW YORK, in its capacity as collateral agent for the Secured Parties (as defined below) (the "Collateral Agent"), THE ROYAL BANK OF SCOTLAND PLC, in its capacity as Administrative Agent (as defined below), AMBAC ASSURANCE CORPORATION, in its capacity as Loan Insurer (as defined below), and EACH OF THE OTHER PERSONS (AS DEFINED BELOW) PARTY HERETO FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS HEREOF. Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.

Energy Future Competitive Holdings Co LLC – AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of October 10, 2007 as Amended and Restated as of August 7, 2009 Among ENERGY FUTURE COMPETITIVE HOLDING COMPANY, TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, THE SUBSIDIARY GUARANTORS CITIBANK, N.A., as Administrative Agent and Collateral Agent, CREDIT SUISSE ENERGY LLC, J. ARON & COMPANY, MORGAN STANLEY CAPITAL GROUP INC., CITIGROUP ENERGY INC., and Each Other Secured Commodity Hedge Counterparty From Time to Time Party Hereto and Any Other Person That Becomes a Secured Party Pursuant Hereto (August 10th, 2009)

This AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of October 10, 2007, as amended and restated as of August 7, 2009, is entered into by and among TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, a Delaware limited liability company (the Borrower), ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY, a Texas corporation (US Holdings), the Subsidiary Guarantors (as defined below), CITIBANK, N.A. (Citibank), in its capacity as collateral agent for the Secured Parties (as defined below) (in such capacity, and including its successors and assigns from time to time, the Collateral Agent), CITIBANK, N.A., as Administrative Agent (as defined below), CREDIT SUISSE ENERGY LLC (Credit Suisse) in its capacity as a Secured Commodity Hedge Counterparty, J. ARON & COMPANY (J. Aron) in its capacity as a Secured Commodity Hedge Counterparty, MORGAN STANLEY CAPITAL GROUP INC. (MS Capital) in its capacity as a Secured Commodity Hedge Counterparty, CITIGROUP ENERGY INC. (Citi Energy

Amended and Restated Collateral Agency and Intercreditor Agreement (February 27th, 2009)

This AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this Agreement), dated as of August 26, 2003, is entered into among the 2000 Senior Noteholder listed on the signature pages hereof (together with assignees of such 2000 Senior Noteholder, the 2000 Senior Noteholders), the 2003 Senior Noteholder listed on the signature pages hereof (together with assignees of such 2003 Senior Noteholder and any Prudential Affiliate that may become a party hereto and assignees thereof, the 2003 Senior Noteholders), the Senior Lenders listed on the signature pages hereof (together with any assignees of such Senior Lenders, the Senior Lenders) and Bank of America, N.A., as Agent for the Senior Lenders (in such capacity, together with any successor in such capacity, the Agent), any Additional Creditors that may become parties to this Agreement (either directly or through their agent), and U.S. Bank National Association, as successor to State Street Bank and Trust Company of California

Collateral Agency and Intercreditor Agreement (October 9th, 2008)

COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT dated as of October 3, 2008, by and among AMPEX CORPORATION, a Delaware corporation (the Borrower), THE SUBSIDIARIES OF THE BORROWER PARTY HERETO (the Subsidiary Guarantors), HILLSIDE CAPITAL INCORPORATED (Hillside), in its capacity as collateral agent for the First Lien Claimholders and the Second Lien Claimholders (each as defined below) (together with its successors and assigns in such capacity, the Collateral Agent), U.S. BANK NATIONAL ASSOCIATION, in its capacity as indenture trustee under the First Lien Indenture (as defined below) (together with its successors and assigns in such capacity, the First Lien Trustee) and Hillside, in its capacity as the lender under the Second Lien Credit Agreement (as defined below) (together with its successors and assigns in such capacity, the Second Lien Lender). Capitalized terms used in this introductory paragraph and the in recitals below but not otherwise defined herein or therein have the meanin

Collateral Agency and Intercreditor Agreement (March 31st, 2008)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of October 10, 2007, is entered into by and among TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, a Delaware limited liability company (the Borrower), ENERGY FUTURE COMPETITIVE HOLDING* COMPANY, a Texas corporation (US Holdings), the Subsidiary Guarantors (as defined below), CITIBANK, N.A. (Citibank), in its capacity as collateral agent for the Secured Parties (as defined below) (in such capacity, and including its successors and assigns from time to time, the Collateral Agent), CITIBANK, N.A., as Administrative Agent (as defined below), LEHMAN BROTHERS COMMODITY SERVICES INC. (Lehman Brothers Commodity Services) in its capacity as a Secured Commodity Hedge Counterparty, J. ARON & COMPANY (J. Aron) in its capacity as a Secured Commodity Hedge Counterparty, MORGAN STANLEY CAPITAL GROUP INC. (MS Capital) in its capacity as a Secured Commodity Hedge Counterparty, CITIGROUP ENERGY INC. (Citi Energy) in its capacity as a Secured

Collateral Agency and Intercreditor Agreement (February 29th, 2008)

THIS COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this Agreement), dated as of December 21, 2007, is made by and among TRIARC DEERFIELD HOLDINGS, LLC, JONATHAN W. TRUTTER, PAULA HORN, and the JOHN K. BRINCKERHOFF AND LAURA R. BRINCKERHOFF REVOCABLE TRUST, as holders of the Series A Notes referenced below (together with their respective successors and assigns, the Series A Holders), SACHS CAPITAL MANAGEMENT LLC, SPENSYD ASSET MANAGEMENT LLLP, and SCOTT A. ROBERTS, as holders of the Series B Notes referenced below (together with their respective successors and assigns, the Series B Holders), TRIARC DEERFIELD HOLDINGS, LLC, as collateral agent (the Initial Collateral Agent and, together with any replacement or successor agent, the Collateral Agent) for the Series A Holders and the Series B Holders (collectively, the Noteholders), DEERFIELD & COMPANY LLC (the Issuer) and DEERFIELD CAPITAL CORP. (the Parent). Capitalized terms used in this paragraph and the following recitals have the mea

Castle (A.M.) & Co. – First Amendment to Collateral Agency and Intercreditor Agreement (January 4th, 2008)

THIS FIRST AMENDMENT TO COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this Amendment), dated as of January 2, 2008, is by and among: (i) Bank of America, N.A. (in its individual capacity herein referred to as the Collateral Agent Bank and in its capacity as collateral agent herein referred to as the Collateral Agent), (ii) Bank of America, N.A., a national banking association, as U.S. Agent under the Bank Credit Agreement for the Bank Credit Agreement U.S. Lenders, (iii) The Prudential Insurance Company of America and Prudential Retirement Insurance and Annuity Company (together with their respective successors and assigns as Holders of Notes, the Noteholders), (iv) The Northern Trust Company, an Illinois banking corporation, as party to a Trade Agreement (together with its successors and assigns, Northern), (v) A. M. Castle & Co., a Maryland corporation (together with its successors and assigns, the Company) and (vi) the Guarantors party hereto.

The Wendy's Co – Collateral Agency and Intercreditor Agreement (December 27th, 2007)

THIS COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this Agreement), dated as of December 21, 2007, is made by and among TRIARC DEERFIELD HOLDINGS, LLC, JONATHAN W. TRUTTER, PAULA HORN, and the JOHN K. BRINCKERHOFF AND LAURA R. BRINCKERHOFF REVOCABLE TRUST, as holders of the Series A Notes referenced below (together with their respective successors and assigns, the Series A Holders), SACHS CAPITAL MANAGEMENT LLC, SPENSYD ASSET MANAGEMENT LLLP, and SCOTT A. ROBERTS, as holders of the Series B Notes referenced below (together with their respective successors and assigns, the Series B Holders), TRIARC DEERFIELD HOLDINGS, LLC, as collateral agent (the Initial Collateral Agent and, together with any replacement or successor agent, the Collateral Agent) for the Series A Holders and the Series B Holders (collectively, the Noteholders), DEERFIELD & COMPANY LLC (the Issuer) and DEERFIELD CAPITAL CORP. (the Parent). Capitalized terms used in this paragraph and the following recitals have the mea

COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of March 29, 2007 Among PLUM POINT ENERGY ASSOCIATES, LLC, as the Borrower, PPEA HOLDING COMPANY, LLC, as Pledgor, THE ROYAL BANK OF SCOTLAND PLC, as Administrative Agent, THE BANK OF NEW YORK, as Collateral Agent, AMBAC ASSURANCE CORPORATION, as Loan Insurer and EACH OF THE OTHER PARTIES HERETO FROM TIME TO TIME (April 6th, 2007)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT is dated as of March 29, 2007, and is entered into by and among PLUM POINT ENERGY ASSOCIATES, LLC, a Delaware limited liability company (the Borrower), PPEA HOLDING COMPANY, LLC, a Delaware limited liability company (the Pledgor), THE BANK OF NEW YORK, in its capacity as collateral agent for the Secured Parties (as defined below) (the Collateral Agent), THE ROYAL BANK OF SCOTLAND PLC, in its capacity as Administrative Agent (as defined below), AMBAC ASSURANCE CORPORATION, in its capacity as Loan Insurer (as defined below), and EACH OF THE OTHER PERSONS (AS DEFINED BELOW) PARTY HERETO FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS HEREOF. Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.

Castle (A.M.) & Co. – AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of the 5th Day of September, 2006 by and Among Bank of America, N.A., Individually and as Collateral Agent, Bank of America, N.A., as U.S. Agent for U.S. Lenders the Prudential Insurance Company of America, Prudential Retirement Insurance and Annuity Company, the Northern Trust Company, A. M. Castle & Co. And (September 8th, 2006)

This AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (as may be amended from time to time, this Agreement), dated as of the 5th day of September, 2006, by and among: (i) Bank of America, N.A. (in its individual capacity herein referred to as the Collateral Agent Bank and in its capacity as collateral agent herein referred to as the Collateral Agent), (ii) Bank of America, N.A., a national banking association (Bank of America), as U.S. Agent (as defined below) under the Bank Credit Agreement (as defined below) for the Bank Credit Agreement U.S. Lenders (as defined below), (iii) The Prudential Insurance Company of America and Prudential Retirement Insurance and Annuity Company (together with their respective successors and assigns as Holders of Notes, as defined below, the Noteholders), (iv) The Northern Trust Company, an Illinois banking corporation, as party to a Trade Agreement (as defined below) (together with its successors and assigns, Northern), (v) A. M. Castle

ProQuest – COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT AMONG THE LENDERS, THE NOTEHOLDERS AND LASALLE BANK MIDWEST NATIONAL ASSOCIATION, as Collateral Agent Re: Credit Agreement Dated as of January 31, 2005, Note Purchase Agreement Dated as of October 1, 2002 Note Purchase Agreement Dated as of January 31, 2005 and Credit Agreement Dated as of May 2, 2006 of ProQuest Company Dated as of May 2, 2006 (May 8th, 2006)

THIS COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this Agreement) dated as of May 2, 2006 is entered into among the Secured Parties (as defined below) of ProQuest Company, a Delaware corporation (the Company) and of certain Subsidiaries of the Company, and LaSalle Bank Midwest National Association, as Collateral Agent.

InSite Vision – Collateral Agency and Intercreditor Agreement (March 31st, 2006)
Collateral Agency and Intercreditor Agreement (March 17th, 2006)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this Agreement), dated as of October 12, 2000, is entered into among the Senior Noteholder listed on the signature pages hereof (together with assignees of such Senior Noteholder, the Senior Noteholders), the Senior Lender listed on the signature pages hereof (together with any assignees of such Senior Lender, the Senior Lenders), any Additional Creditors that may become parties to this Agreement (either directly or through their agent), and State Street Bank and Trust Company of California, N.A., in its capacity as collateral agent for the Senior Noteholders, the Senior Lenders and the Additional Creditors (the Collateral Agent).

Accredited Home Lenders Holdings – Collateral Agency and Intercreditor Agreement (March 16th, 2006)

Collateral Agency and Intercreditor Agreement, dated as of May 10, 2005 (this Agreement), is by and among CALYON NEW YORK BRANCH (Calyon), and LEHMAN BROTHERS SPECIAL FINANCING INC., in its individual capacity (Lehman and, together with Calyon, the Swap Counterparties) and as agent under this Agreement for Lehman and Calyon (in such capacity and together with any successor thereto in such capacity, Collateral Agent).

Collateral Agency and Intercreditor Agreement (March 16th, 2006)

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this Agreement), dated as of October 12, 2000, is entered into among the Senior Noteholder listed on the signature pages hereof (together with assignees of such Senior Noteholder, the Senior Noteholders), the Senior Lender listed on the signature pages hereof (together with any assignees of such Senior Lender, the Senior Lenders), any Additional Creditors that may become parties to this Agreement (either directly or through their agent), and State Street Bank and Trust Company of California, N.A., in its capacity as collateral agent for the Senior Noteholders, the Senior Lenders and the Additional Creditors (the Collateral Agent).

Contract (April 7th, 2005)

Exhibit 10.5 EXECUTION COPY COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, is dated as of April 1, 2005, and entered into by and among KRISPY KREME DOUGHNUT CORPORATION, a North Carolina corporation (the "Borrower"), KRISPY KREME DOUGHNUTS, INC., a North Carolina corporation (the " Parent Guarantor"), the subsidiaries of the Borrower party hereto (the "Subsidiary Guarantors," and together with Parent Guarantor, the "Guarantors"), WELLS FARGO FOOTHILL, INC., a California corporation ("Foothill"), in its capacity as collateral agent for the First Lien Obligations (as defined below), including its successors and assigns from time to time (in such capacity, the "First Lien Collateral Agent"), CREDIT SUISSE FIRST BOSTON, in its capacity as collateral agent for the Second Lien Obligations (as defined below), including its successors and assigns fro

Contract (September 19th, 2003)

EXHIBIT 10.4 COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT dated as of September 15, 2003, among: CHART INDUSTRIES, INC.; JPMORGAN CHASE BANK, as Revolving Credit Agent under the Revolving Credit Agreement referred to below; JPMORGAN CHASE BANK, as Term Loan Agent under the Term Loan Agreement referred to below; and JPMORGAN CHASE BANK, in its capacity as Collateral Agent hereunder and under the other Collateral Documents (all capitalized terms used without being defined in this preamble and in the recitals below shall have the meanings provided for in Section 1). RECITALS WHEREAS, the Borrower, certain of its Subsidiaries as guarantors, the lenders party thereto and JPMorgan Chase Bank (formerly known as The Chase Manhattan Bank), as administrative agent for such lenders, are parties to a Credit Agreement dated as of April 12, 1999 (as heretofore amended, supplem