Collateral Trust And Intercreditor Agreement Sample Contracts

Foresight Energy LP – COLLATERAL TRUST AND INTERCREDITOR AGREEMENT Dated as of August 30, 2016 Among FORESIGHT ENERGY LLC, THE OTHER GRANTORS FROM TIME TO TIME PARTY HERETO, WILMINGTON SAVINGS FUND SOCIETY, FSB, as Second Lien Notes Trustee, WILMINGTON TRUST, NATIONAL ASSOCIATION as Exchangeable PIK Notes Trustee EACH ADDITIONAL SECURED REPRESENTATIVE From Time to Time a Party Hereto, and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Collateral Agent (September 6th, 2016)

This COLLATERAL TRUST AND INTERCREDITOR AGREEMENT (this Agreement), dated as of August 30, 2016, is by and among FORESIGHT ENERGY LLC, a Delaware limited liability company (the Company), FORESIGHT ENERGY FINANCE CORPORATION, a Delaware corporation (together with the Company, the Issuers), the other Grantors from time to time party hereto, WILMINGTON SAVINGS FUND SOCIETY, FSB, as trustee under the Second Lien Notes Indenture (as defined below) (in such capacity and together with it successors in such capacity, the Second Lien Notes Trustee), WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee under the Exchangeable PIK Notes Indenture (as defined below) (in such capacity and together with its successors in such capacity, the Exchangeable PIK Notes Trustee), each additional Secured Representative (as defined below) that executes and delivers a Joinder Agreement (as defined below), and WILMINGTON SAVINGS FUND SOCIETY, FSB, as collateral agent (in such capacity and together with its succes

Talen Energy Corp – Execution Version 1 ACCESSION AGREEMENT -- First-Lien Secured Parties THIS ACCESSION AGREEMENT (This "Agreement"), Dated as of December 15, 2015, Is Entered Into by WILMINGTON TRUST, NATIONAL ASSOCIATION (The "Joining Party") and Acknowledged by TALEN ENERGY SUPPLY, LLC, a Delaware Limited Liability Company (The "Borrower"), and Each Credit Party, and CITIBANK, N.A., in Its Capacity as Collateral Trustee Under the Intercreditor Agreement (As Defined Below). Reference Is Made to That Certain Collateral Trust and Intercreditor Agreement, Dated as of June 1, 2015, as Amended as of November 12, 20 (December 22nd, 2015)
Talen Energy Corp – Execution Version 1 ACCESSION AGREEMENT -- First-Lien Secured Parties THIS ACCESSION AGREEMENT (This "Agreement"), Dated as of December 15, 2015, Is Entered Into by WILMINGTON TRUST, NATIONAL ASSOCIATION (The "Joining Party") and Acknowledged by TALEN ENERGY SUPPLY, LLC, a Delaware Limited Liability Company (The "Borrower"), and Each Credit Party, and CITIBANK, N.A., in Its Capacity as Collateral Trustee Under the Intercreditor Agreement (As Defined Below). Reference Is Made to That Certain Collateral Trust and Intercreditor Agreement, Dated as of June 1, 2015, as Amended as of November 12, 20 (December 21st, 2015)
COLLATERAL TRUST AND INTERCREDITOR AGREEMENT Dated as of June 1, 2015 Among PPL ENERGY SUPPLY, LLC, THE SUBSIDIARY GUARANTORS PARTY HERETO FROM TIME TO TIME, CITIBANK, N.A., as Administrative Agent, CITIBANK, N.A., as Collateral Trustee, and EACH OTHER PERSON PARTY HERETO FROM TIME TO TIME (June 2nd, 2015)

This COLLATERAL TRUST AND INTERCREDITOR AGREEMENT (this Agreement) is dated as of June 1, 2015, and entered into by and among PPL ENERGY SUPPLY, LLC, a Delaware limited liability company (the Borrower), the Subsidiary Guarantors (as defined below), CITIBANK, N.A., in its capacity as collateral trustee for the First-Lien Secured Parties (as defined below), CITIBANK, N.A., as Administrative Agent (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.

COLLATERAL TRUST AND INTERCREDITOR AGREEMENT Dated as of April 23, 2013 Among DYNEGY INC., THE SUBSIDIARY GUARANTORS PARTY HERETO FROM TIME TO TIME, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Collateral Trustee, and EACH OTHER PERSON PARTY HERETO FROM TIME TO TIME (April 24th, 2013)

This COLLATERAL TRUST AND INTERCREDITOR AGREEMENT is dated as of April 23, 2013, and entered into by and among DYNEGY INC., a Delaware corporation (the Borrower), the Subsidiary Guarantors (as defined below), CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, in its capacity as collateral trustee for the First-Lien Secured Parties (as defined below), CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (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.

Northern Tier Energy – COLLATERAL TRUST AND INTERCREDITOR AGREEMENT Dated as of December 1, 2010 Among NORTHERN TIER ENERGY LLC, THE OTHER GRANTORS FROM TIME TO TIME PARTY HERETO, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Indenture Trustee Under the Closing Date Indenture, J. ARON & COMPANY, as Hedging Counterparty Under the J. Aron Hedge Agreement EACH SECURED REPRESENTATIVE From Time to Time a Party Hereto, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent (December 13th, 2011)

This COLLATERAL TRUST AND INTERCREDITOR AGREEMENT (this Agreement), dated as of December 1, 2010 and is by and among NORTHERN TIER ENERGY LLC, a Delaware corporation (the Company), the other Grantors from time to time party hereto, DEUTSCHE BANK TRUST COMPANY AMERICAS, as indenture trustee (the Indenture Trustee), J. ARON & COMPANY, as counterparty under the J. Aron Hedge Agreement (as defined below) (J. Aron), each additional Secured Representative (as defined below) that executes and delivers a Joinder (as defined below), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral agent (in such capacity and together with its successors in such capacity, the Collateral Agent).

Collateral Trust and Intercreditor Agreement (August 8th, 2011)

This COLLATERAL TRUST AND INTERCREDITOR AGREEMENT is dated as of August 5, 2011, and entered into by and among DYNEGY COAL INVESTMENTS HOLDINGS, LLC (Intermediate Holdings), DYNEGY MIDWEST GENERATION, LLC (the Borrower), the Subsidiary Guarantors (as defined below), CREDIT SUISSE AG, CAYMAN ISLAND BRANCH (Credit Suisse), in its capacity as collateral trustee for the Secured Parties (as defined below), CREDIT SUISSE, as Administrative Agent (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.

Collateral Trust and Intercreditor Agreement (August 8th, 2011)

This COLLATERAL TRUST AND INTERCREDITOR AGREEMENT is dated as of August 5, 2011, and entered into by and among DYNEGY GAS INVESTMENTS HOLDINGS, LLC (Intermediate Holdings), DYNEGY POWER, LLC (the Borrower), the Subsidiary Guarantors (as defined below), CREDIT SUISSE AG, CAYMAN ISLAND BRANCH (Credit Suisse), in its capacity as collateral trustee for the Secured Parties (as defined below), CREDIT SUISSE, as Administrative Agent (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.

COLLATERAL TRUST AND INTERCREDITOR AGREEMENT Dated as of July 27, 2010 Among ENTRAVISION COMMUNICATIONS CORPORATION, the Guarantors From Time to Time Party Hereto, Wells Fargo Bank, National Association, as Trustee Under the Senior Indenture, the Administrative Agent and the Other Priority Debt Representatives From Time to Time Party Hereto and General Electric Capital Corporation, as Collateral Trustee (August 10th, 2010)

This Collateral Trust and Intercreditor Agreement (this Agreement) is dated as of July 27, 2010 and is by and among ENTRAVISION COMMUNICATIONS CORPORATION, a Delaware corporation (the Borrower), the Guarantors (as defined below) from time to time party hereto, Wells Fargo Bank, National Association, as Indenture Trustee (as defined below), the Administrative Agent (as defined below) and the other Priority Debt Representatives (as defined below) from time to time party hereto, and General Electric Capital Corporation, as Collateral Trustee (in such capacity and together with its successors in such capacity, the Collateral Trustee).

This Note Is a Global Security Within the Meaning of the Indenture Hereinafter Referred to and Is Registered in the Name of a Depositary or a Nominee Thereof. This Note May Not Be Exchanged in Whole or in Part for a Note Registered, and No Transfer of This Note in Whole or in Part May Be Registered, in the Name of Any Person Other Than Such Depositary or a Nominee Thereof, Except in the Limited Circumstances Described in the Indenture. Unless This Certificate Is Presented by an Authorized Representative of the Depository Trust Company to the Issuer or Its Agent for Registration of Transfer, Ex (August 6th, 2010)

AMERICAN CAPITAL, LTD., a Delaware corporation, as issuer (the Company), for value received, promises to pay to Cede & Co. or registered assigns the principal sum of TWENTY-FOUR MILLION NINETY-EIGHT THOUSAND DOLLARS ($24,098,000) (or such other amount set forth in the schedule hereto) on December 31, 2013.

This Note Is a Global Security Within the Meaning of the Indenture Hereinafter Referred to and Is Registered in the Name of a Depositary or a Nominee Thereof. This Note May Not Be Exchanged in Whole or in Part for a Note Registered, and No Transfer of This Note in Whole or in Part May Be Registered, in the Name of Any Person Other Than Such Depositary or a Nominee Thereof, Except in the Limited Circumstances Described in the Indenture. Unless This Certificate Is Presented by an Authorized Representative of the Depository Trust Company to the Issuer or Its Agent for Registration of Transfer, Ex (August 6th, 2010)

AMERICAN CAPITAL, LTD., a Delaware corporation, as issuer (the Company), for value received, promises to pay to Cede & Co. or registered assigns the principal sum of FOUR MILLION THREE HUNDRED THOUSAND DOLLARS ($4,300,000) (or such other amount set forth in the schedule hereto) on December 31, 2013.

Such Certificate Issued in Exchange for This Certificate Is Registered in the Name of Cede & Co., or Such Other Name as Requested by an Authorized Representative of the Depositary, Any Transfer, Pledge or Other Use Hereof for Value or Otherwise by or to Any Person Is Wrongful, as the Registered Owner Hereof, Cede & Co., Has an Interest Herein. This Security and the Rights and Obligations Evidenced Hereby Are Subject to in the Manner and to the Extent Set Forth in That Certain Collateral Trust and Intercreditor Agreement Dated as of June 28, 2010 Among, Inter Alios, American Capital, Ltd. And U (August 6th, 2010)

AMERICAN CAPITAL, LTD., a Delaware corporation, as issuer (the Company), for value received, promises to pay to Cede & Co. or registered assigns the principal sum of FIVE HUNDRED MILLION DOLLARS ($500,000,000) (or such other amount set forth in the schedule hereto) on December 31, 2013.

Such Certificate Issued in Exchange for This Certificate Is Registered in the Name of Cede & Co., or Such Other Name as Requested by an Authorized Representative of the Depositary, Any Transfer, Pledge or Other Use Hereof for Value or Otherwise by or to Any Person Is Wrongful, as the Registered Owner Hereof, Cede & Co., Has an Interest Herein. This Security and the Rights and Obligations Evidenced Hereby Are Subject to in the Manner and to the Extent Set Forth in That Certain Collateral Trust and Intercreditor Agreement Dated as of June 28, 2010 Among, Inter Alios, American Capital, Ltd. And U (August 6th, 2010)

AMERICAN CAPITAL, LTD., a Delaware corporation, as issuer (the Company), for value received, promises to pay to Cede & Co. or registered assigns the principal sum of TWO MILLION FOUR HUNDRED THIRTY-ONE THOUSAND FOUR HUNDRED SIXTY SEVEN DOLLARS ($2,431,467) (or such other amount set forth in the schedule hereto) on December 31, 2013.

This Note Is a Global Security Within the Meaning of the Indenture Hereinafter Referred to and Is Registered in the Name of a Depositary or a Nominee Thereof. This Note May Not Be Exchanged in Whole or in Part for a Note Registered, and No Transfer of This Note in Whole or in Part May Be Registered, in the Name of Any Person Other Than Such Depositary or a Nominee Thereof, Except in the Limited Circumstances Described in the Indenture. Unless This Certificate Is Presented by an Authorized Representative of the Depository Trust Company to the Issuer or Its Agent for Registration of Transfer, Ex (August 6th, 2010)

AMERICAN CAPITAL, LTD., a Delaware corporation, as issuer (the Company), for value received, promises to pay to Cede & Co. or registered assigns the principal sum of FIVE HUNDRED MILLION DOLLARS ($500,000,000) (or such other amount set forth in the schedule hereto) on December 31, 2013.

COLLATERAL TRUST AND INTERCREDITOR AGREEMENT Dated as of June 28, 2010 Among AMERICAN CAPITAL, LTD., CERTAIN OF ITS SUBSIDIARIES PARTIES HERETO, WELLS FARGO BANK, N.A., as Credit Agreement Representative WILMINGTON TRUST FSB, as Public Note Representative and U.S. BANK NATIONAL ASSOCIATION, as Collateral Trustee (August 6th, 2010)

This COLLATERAL TRUST AND INTERCREDITOR AGREEMENT, dated as of June 28, 2010 (this Agreement), among American Capital, Ltd., a Delaware corporation (the Company), the subsidiaries of the Company from time to time parties hereto (together with the Company, the Grantors), Wells Fargo Bank, N.A., as Credit Agreement Representative, Wilmington Trust FSB, as Public Note Representative and U.S. Bank National Association, as collateral trustee (the Collateral Trustee).

COLLATERAL TRUST AND INTERCREDITOR AGREEMENT Dated as of December 23, 2009 Among GEOKINETICS INC., GEOKINETICS HOLDINGS USA, INC., the Other Guarantors From Time to Time Party Hereto, U.S. BANK NATIONAL ASSOCIATION, as Trustee Under the Senior Indenture, the Administrative Agent and the Other Priority Debt Representatives From Time to Time Party Hereto and U.S. BANK NATIONAL ASSOCIATION, as Collateral Trustee (December 28th, 2009)

This Collateral Trust and Intercreditor Agreement (this Agreement) is dated as of December 23, 2009 and is by and among GEOKINETICS INC., a Delaware corporation (the Parent), GEOKINETICS HOLDINGS USA, INC., a Delaware corporation (the Borrower), the other Guarantors (as defined below) from time to time party hereto, U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee (as defined below), the Administrative Agent (as defined below) and the other Priority Debt Representatives (as defined below) from time to time party hereto, and U.S. BANK NATIONAL ASSOCIATION, as Collateral Trustee (in such capacity and together with its successors in such capacity, the Collateral Trustee).

COLLATERAL TRUST AND INTERCREDITOR AGREEMENT Dated as of March 13, 2009 Among iSTAR FINANCIAL INC., iSTAR TARA HOLDINGS LLC, iSTAR TARA LLC, AND THE OTHER PARTIES HERETO JPMORGAN CHASE BANK, N.A., as First Priority Agent JPMORGAN CHASE BANK, N.A., as 2011 Second Priority Agent JPMORGAN CHASE BANK, N.A., as 2012 Second Priority Agent and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Collateral Trustee (August 10th, 2009)

COLLATERAL TRUST AND INTERCREDITOR AGREEMENT, dated as of March 13, 2009, among iSTAR FINANCIAL INC. (the Company), a Maryland corporation, iSTAR TARA HOLDINGS LLC, a Delaware limited liability company (Tara Holdco), iSTAR TARA LLC, a Delaware limited liability company (Tara), the direct and indirect subsidiaries of Tara Holdco from time to time parties hereto (together with Tara Holdco and Tara, the Grantors), JPMORGAN CHASE BANK, N.A., as First Priority Agent (as defined below), JPMORGAN CHASE BANK, N.A., as 2011 Second Priority Agent (as defined below), JPMORGAN CHASE BANK, N.A., as 2012 Second Priority Agent (as defined below) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Collateral Trustee (together with any successors, the Collateral Trustee).

Amended and Restated Collateral Trust and Intercreditor Agreement (June 11th, 2009)

AMENDED AND RESTATED COLLATERAL TRUST AND INTERCREDITOR AGREEMENT dated as of June 27, 2001, as amended and restated as of May 28, 2003, as further amended and restated as of June 5, 2009 (as amended, supplemented or otherwise modified from time to time, this "Agreement"), among RITE AID CORPORATION, a Delaware corporation ("Rite Aid"), each Subsidiary of Rite Aid listed on the signature pages hereto or which becomes a party hereto pursuant to Section 8.11 hereof (each such Subsidiary, individually, a "Subsidiary Guarantor", and collectively, the "Subsidiary Guarantors"), WILMINGTON TRUST COMPANY, a Delaware banking corporation, as collateral trustee (in such capacity, the "Second Priority Collateral Trustee") for the holders from time to time of the Second Priority Debt Obligations, CITICORP NORTH AMERICA, INC., a Delaware corporation ("CNAI"), as senior collateral processing agent for the Senior Secured Parties under the Senior Collateral Documents (as further defined in the Definiti

Amendment No. 1 to Collateral Trust and Intercreditor Agreement (August 4th, 2004)

THIS AMENDMENT NO. 1 TO COLLATERAL TRUST AND INTERCREDITOR AGREEMENT dated as of May 28, 2004 (this Amendment) is entered into among Dynegy Holdings, Inc., a Delaware corporation (the Borrower), each of the Persons listed on the separate pages hereof under the heading Grantors (the Grantors), JPMorgan Chase Bank not in its individual capacity but solely as collateral agent under the Credit Agreement referred to below (together with any successor collateral agent, the Collateral Agent), Wilmington Trust Company, a Delaware banking corporation, not in its individual capacity but solely as corporate trustee under the Collateral Trust Agreement referred to below (together with any successor corporate trustee, the Corporate Trustee) and acknowledged by John M. Beeson, Jr., an individual residing in the State of Delaware, not in his individual capacity but solely as individual trustee under the Collateral Trust Agreement (together with any successor individual trustee, the Individual Trustee

Southwest Royalties Inc – Collateral Trust and Intercreditor Agreement (October 17th, 2002)

THIS COLLATERAL TRUST AND INTERCREDITOR AGREEMENT, dated as of April 19, 2002 (this Agreement), is made and entered into by and among SOUTHWEST ROYALTIES, INC., a Delaware corporation (the Company), BLUE HEEL COMPANY, a Delaware Corporation (Blue Heel, together with the Company and all of the Companys now existing and future Subsidiaries, the Debtors), WILMINGTON TRUST COMPANY, as Trustee (the Indenture Trustee) for itself and the holders from time to time of those certain notes issued by the Company pursuant to the Indenture (as defined below) (the Subordinated Noteholders), UNION BANK OF CALIFORNIA, N.A. as Agent (the Senior Loan Agent) for itself and the lenders signatory to the Credit Agreement from time to time (as defined below) (the Senior Lenders), and UNION BANK OF CALIFORNIA, N.A., as Collateral Trustee hereunder (the Collateral Trustee).

Collateral Trust and Intercreditor Agreement (June 21st, 2000)