EXECUTION VERSION ----------------- SECOND AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of August 9, 2004, among (i) JPMorgan Chase Bank, as collateral agent hereunder (together with its successors and assigns, the...Collateral Agency and Intercreditor Agreement • August 19th, 2004 • Oneida LTD • Jewelry, silverware & plated ware • New York
RECITALSCollateral Agency and Intercreditor Agreement • September 19th, 2003 • Chart Industries Inc • Fabricated plate work (boiler shops) • New York
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...Collateral Agency and Intercreditor Agreement • August 10th, 2009 • Energy Future Holdings Corp /TX/ • Electric services • New York
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
Exhibit O Collateral Agency and Intercreditor AgreementCollateral Agency and Intercreditor Agreement • July 23rd, 2021 • CBL & Associates Limited Partnership • Real estate investment trusts • New York
This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of [________], 2021 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is entered into by and among CBL & ASSOCIATES HOLDCO II, LLC, a Delaware limited liability company (together with its successors and assigns under the Indentures (as herein defined), the “Company”), the SUBSIDIARIES OF THE COMPANY from time to time party hereto (each, a “Subsidiary Guarantor” and, collectively, the “Subsidiary Guarantors”), [WILMINGTON SAVINGS FUND SOCIETY, FSB], as the trustee under Senior Note Indenture (as herein defined) (in such capacity, the “Senior Note Trustee”), [WILMINGTON SAVINGS FUND SOCIETY, FSB], as trustee and exchange agent under the Exchangeable Note Indenture (as herein defined)(in such capacity, the “Exchangeable Note Trustee” and, together with the Senior Note Trustee, the “Trustees” and each a “Trustee”), and [WILMINGTON SAVINGS FUND SOCIETY, FSB], in its capacity as Collateral Agent
COLLATERAL AGENCY AND INTERCREDITOR JOINDER – ADDITIONAL FIRST LIEN DEBTCollateral Agency and Intercreditor Agreement • February 28th, 2017 • Intelsat S.A. • Communications services, nec
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 (société anonyme) existing as société 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 (société anonyme) existing as société 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 AM
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 Agency and Intercreditor Agreement • August 10th, 2009 • Dynegy Inc. • Electric services • New York
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.
AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENTCollateral Agency and Intercreditor Agreement • February 27th, 2009 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York
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
COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT dated as of August 16, 2018 among FS ENERGY AND POWER FUND, CERTAIN OF ITS SUBSIDIARIES PARTIES HERETO, JPMORGAN CHASE BANK, N.A., as the initial Credit Facility Representative U.S. BANK NATIONAL...Collateral Agency and Intercreditor Agreement • August 22nd, 2018 • FS Energy & Power Fund • New York
This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of August 16, 2018 (this “Agreement”), among FS ENERGY AND POWER FUND, a Delaware statutory trust (the “Company”), the subsidiaries of the Company from time to time parties hereto (the “Subsidiary Guarantors”, and together with the Company, the “Grantors”), JPMorgan Chase Bank, N.A., as the initial Credit Facility Representative, U.S. Bank National Association, as the initial Secured Notes Representative, and JPMorgan Chase Bank, N.A., as Collateral Agent.
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...Collateral Agency and Intercreditor Agreement • January 19th, 2011 • Intelsat S.A. • Communications services, nec • New York
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 (société anonyme) existing as société 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 (société anonyme) existing as société 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
EXHIBIT 4.6(c) 1 SECOND AMENDMENT TO COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT SECOND AMENDMENT, dated as of October __, 1998 (this "Amendment"), to the COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of July 21, 1995 (as amended by the...Collateral Agency and Intercreditor Agreement • April 27th, 1999 • Salton Sea Funding Corp • Steam & air-conditioning supply • New York
FIRST AMENDMENT TO COLLATERAL AGENCY AND INTERCREDITOR AGREEMENTCollateral Agency and Intercreditor Agreement • January 4th, 2008 • Castle a M & Co • Wholesale-metals service centers & offices
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.
TRICO SHIPPING AS AND GUARANTORS SENIOR SECURED 117/8% NOTES DUE 2014 WORKING CAPITAL FACILITY AGREEMENT COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of October 30, 2009Collateral Agency and Intercreditor Agreement • November 5th, 2009 • Trico Marine Services Inc • Water transportation • New York
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 (th
SECOND AMENDMENT AND WAIVER TO SECOND AMENDED AND RESTATED NOTE PURCHASE AGREEMENTCollateral Agency and Intercreditor Agreement • April 5th, 2021 • Property Solutions Acquisition Corp. • Motor vehicles & passenger car bodies • New York
THIS SECOND AMENDMENT AND WAIVER TO SECOND AMENDED AND RESTATED NOTE PURCHASE AGREEMENT (this “Amendment”) by and among BIRCH LAKE FUND MANAGEMENT, LP, as Collateral Agent for the benefit of the Secured Parties (“Collateral Agent”), U.S. BANK NATIONAL ASSOCIATION, as Notes Agent for the Purchasers (“Notes Agent”), the purchasers party hereto (the “Purchasers”), FARADAY&FUTURE INC., a California corporation (“Faraday”), FF INC., a California corporation (“U.S. Holdings”), FARADAY SPE, LLC, a California limited liability company (“Faraday SPE” and, together with U.S. Holdings and Faraday, each an “Issuer” and, collectively, the “Issuers”), and the guarantors party hereto (the “Guarantors”), is entered into as of March 1, 2021 (the “Second Amendment Date”).
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, 2009Collateral Agency and Intercreditor Agreement • July 1st, 2010 • Trico Marine Services Inc • Water transportation • New York
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”), N
COLLATERAL AGENCY AND INTERCREDITOR AGREEMENTCollateral Agency and Intercreditor Agreement • March 17th, 2006 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York
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”).
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...Collateral Agency and Intercreditor Agreement • September 8th, 2006 • Castle a M & Co • Wholesale-metals service centers & offices • Illinois
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)
COLLATERAL AGENCY AND INTERCREDITOR AGREEMENTCollateral Agency and Intercreditor Agreement • March 31st, 2006 • Insite Vision Inc • Pharmaceutical preparations • New York
RECITALSCollateral Agency and Intercreditor Agreement • March 30th, 1998 • Huntco Inc • Steel works, blast furnaces & rolling mills (coke ovens) • Missouri
ENRON INTERNATIONAL CPO, L.P., as Issuer ENRON INTERNATIONAL CPO, INC., as Co- Issuer CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as TrusteeCollateral Agency and Intercreditor Agreement • August 7th, 1998 • Enron International Cpo Inc • New York
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...Collateral Agency and Intercreditor Agreement • August 17th, 2010 • Modine Manufacturing Co • Motor vehicle parts & accessories • Illinois
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.
COLLATERAL AGENCY AND INTERCREDITOR AGREEMENTCollateral Agency and Intercreditor Agreement • December 27th, 2007 • Triarc Companies Inc • Retail-eating & drinking places • New York
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 recit
RECITALSCollateral Agency and Intercreditor Agreement • April 7th, 2005 • Krispy Kreme Doughnuts Inc • Retail-food stores • New York
10% SENIOR SECURED NOTES DUE 2029 7.0% EXCHANGEABLE SENIOR SECURED NOTES DUE 2028 COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of November 1, 2021Collateral Agency and Intercreditor Agreement • November 2nd, 2021 • CBL & Associates Limited Partnership • Real estate investment trusts • New York
This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of November 1, 2021 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is entered into by and among CBL & ASSOCIATES HOLDCO II, LLC, a Delaware limited liability company (together with its successors and assigns under the Indentures (as herein defined), the “Company”), certain SUBSIDIARIES OF THE COMPANY from time to time party hereto (each, a “Subsidiary Guarantor” and, collectively, the “Subsidiary Guarantors”), certain SUBSIDIARIES OF THE COMPANY from time to time party hereto (each, a “Cash Collateral Grantor” and collectively, the “Cash Collateral Grantors” and together with the Subsidiary Guarantors, the “Subsidiary Parties”), WILMINGTON SAVINGS FUND SOCIETY, FSB, as the trustee under Senior Note Indenture (as herein defined) (in such capacity, the “Senior Note Trustee”), WILMINGTON SAVINGS FUND SOCIETY, FSB, as trustee and exchange agent under the Exchangeable Note Indenture (as herei
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, 2010Collateral Agency and Intercreditor Agreement • September 22nd, 2010 • Trico Marine Services Inc • Water transportation • New York
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 (to
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...Collateral Agency and Intercreditor Agreement • May 8th, 2006 • Proquest Co • Miscellaneous publishing • Michigan
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.
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...Collateral Agency and Intercreditor Agreement • February 8th, 2010 • Modine Manufacturing Co • Motor vehicle parts & accessories • Illinois
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.
SECOND AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENTCollateral Agency and Intercreditor Agreement • September 16th, 2014 • A-Mark Precious Metals, Inc. • Wholesale-jewelry, watches, precious stones & metals • New York
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, COÖPERATIEVE 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 Len
COLLATERAL AGENCY AND INTERCREDITOR AGREEMENTCollateral Agency and Intercreditor Agreement • October 9th, 2008 • Ampex Corp /De/ • Radio & tv broadcasting & communications equipment • New York
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 hav
COLLATERAL AGENCY AND INTERCREDITOR AGREEMENTCollateral Agency and Intercreditor Agreement • January 6th, 2016 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
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”).
AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT By and among BANK OF AMERICA, N.A. as Initial First Lien Administrative Agent and as Initial First Lien Collateral AgentCollateral Agency and Intercreditor Agreement • May 15th, 2012 • Mohegan Tribal Gaming Authority • Hotels & motels • New York
This AMENDED AND RESTATED COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT is dated as of March 6, 2012 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 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 Pennsylvania limited partnership, NORTHEAST CONCESSIONS, L.P., a Penn
COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of August 22, 2012 among AMERICAN CAPITAL, LTD., CERTAIN OF ITS SUBSIDIARIES PARTIES HERETO,Collateral Agency and Intercreditor Agreement • September 14th, 2012 • American Capital, LTD • New York
This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of August 22, 2012 (this “Agreement”), among American Capital, Ltd., a Delaware corporation (the “Company”), the subsidiaries of the Company from time to time parties hereto (the “Subsidiary Guarantors”, and together with the Company, the “Grantors”), JPMorgan Chase Bank, N.A., as Revolver Representative, JPMorgan Chase Bank, N.A., as Term Loan Representative and JPMorgan Chase Bank, N.A., as Collateral Agent (the “Collateral Agent”).
INTELSAT CONNECT FINANCE S.A. COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT JOINDER OF ADDITIONAL GRANTORS December 22, 2016Collateral Agency and Intercreditor Agreement • February 28th, 2017 • Intelsat S.A. • Communications services, nec
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 (société anonyme) existing as société 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 (société anonyme) existing as société 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 AM
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...Collateral Agency and Intercreditor Agreement • October 18th, 2010 • American Fiber Systems, Inc. • New York
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 be
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...Collateral Agency and Intercreditor Agreement • February 29th, 2016 • Talen Energy Supply, LLC • Electric services • New York
COLLATERAL AGENCY AND INTERCREDITOR AGREEMENTCollateral Agency and Intercreditor Agreement • February 29th, 2008 • Deerfield Capital Corp. • Real estate investment trusts • New York
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 recit
