Intercreditor Agreement Sample Contracts

AutoNDA by SimpleDocs
ARTICLE I. DEFINITIONS.
Intercreditor Agreement • June 8th, 2006 • Polyone Corp • Plastic materials, synth resins & nonvulcan elastomers • New York
INTERCREDITOR AGREEMENT Dated as of November 8, 2021 among WILMINGTON TRUST COMPANY, as Trustee of the American Airlines Pass Through Trust 2021-1A and American Airlines Pass Through Trust 2021-1B CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, ACTING...
Intercreditor Agreement • November 12th, 2021 • American Airlines, Inc. • Air transportation, scheduled • New York

This INTERCREDITOR AGREEMENT, dated as of November 8, 2021, is made by and among WILMINGTON TRUST COMPANY, a Delaware trust company (in its individual capacity, together with its successors and permitted assigns, “WTC”), not in its individual capacity but solely as trustee of each Trust (such term and other capitalized terms used herein without definition being defined as provided in Article I), CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, a société anonyme organized under the laws of France, acting through its New York Branch, as Class A Liquidity Provider and Class B Liquidity Provider (“Crédit Agricole”), and WILMINGTON TRUST COMPANY, a Delaware trust company, not in its individual capacity except as expressly set forth herein, but solely as Subordination Agent and trustee hereunder (in such capacity, together with any successor appointed pursuant to Article VII, the “Subordination Agent”).

INTERCREDITOR AGREEMENT Dated as of August 24, 2021 by and between MORGAN STANLEY bank, N.A., (Note A Holder) and Delaware Life Insurance Company, (Note B Holder) Suarez Industrial Portfolio
Intercreditor Agreement • October 7th, 2021 • Bank 2021-Bnk36 • Asset-backed securities • New York

This INTERCREDITOR AGREEMENT (this “Agreement”), dated as of August 24, 2021, by and between MORGAN STANLEY BANK, N.A. (“Morgan Stanley Bank”), as holder of Note A (in such capacity, together with its successors and assigns, the “Note A Holder”), Delaware Life Insurance Company (“Delaware Life”), as holder of Note B (in such capacity, together with its successors and assigns, the “Note B Holder”), and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (“MSMCH”), as initial agent (in such capacity, “Initial Agent”).

AMENDED AND RESTATED INTERCREDITOR AGREEMENT Dated as of October 5, 2017 among WILMINGTON TRUST COMPANY, as Trustee of the American Airlines Pass Through Trust 2017-2AA American Airlines Pass Through Trust 2017-2A and American Airlines Pass Through...
Intercreditor Agreement • October 6th, 2017 • American Airlines Inc • Air transportation, scheduled • New York

This AMENDED AND RESTATED INTERCREDITOR AGREEMENT, dated as of October 5, 2017, is made by and among WILMINGTON TRUST COMPANY, a Delaware trust company (in its individual capacity, together with its successors and permitted assigns, “WTC”), not in its individual capacity but solely as trustee of each Trust (such term and other capitalized terms used herein without definition being defined as provided in Article I), NATIONAL AUSTRALIA BANK LIMITED, a company incorporated in the Commonwealth of Australia, as Class AA Liquidity Provider, Class A Liquidity Provider and Class B Liquidity Provider (“NAB”), and WILMINGTON TRUST COMPANY, a Delaware trust company, not in its individual capacity except as expressly set forth herein, but solely as Subordination Agent and trustee hereunder (in such capacity, together with any successor appointed pursuant to Article VII, the “Subordination Agent”).

INTERCREDITOR AGREEMENT dated as of June 17, 2020 between WELLS FARGO BANK, NATIONAL ASSOCIATION, as Priority Lien Agent, and UMB BANK, N.A., as Second Lien Collateral Trustee
Intercreditor Agreement • June 18th, 2020 • SM Energy Co • Crude petroleum & natural gas • New York

THIS IS THE INTERCREDITOR AGREEMENT REFERRED TO IN (A) THE INDENTURE DATED AS OF JUNE 17, 2020, AS AMENDED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, AMONG SM ENERGY COMPANY, CERTAIN OF ITS SUBSIDIARIES FROM TIME TO TIME PARTY THERETO AND UMB BANK, N.A., AS TRUSTEE, (B) THE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF SEPTEMBER 28, 2018, AS AMENDED, SUPPLEMENTED, RESTATED OR OTHERWISE MODIFIED FROM TIME TO TIME, AMONG SM ENERGY COMPANY, THE LENDERS PARTY THERETO FROM TIME TO TIME AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT, (C) THE OTHER NOTE DOCUMENTS REFERRED TO IN SUCH INDENTURE AND (D) THE OTHER LOAN DOCUMENTS REFERRED TO IN SUCH CREDIT AGREEMENT.

INTERCREDITOR AGREEMENT by and between as Senior Lender and as Junior Lender Dated as of __________, 20__
Intercreditor Agreement • September 22nd, 2021 • New York

THIS INTERCREDITOR AGREEMENT (this “Agreement”) is dated as of ______, 20__, by and between , a , having an office at , , (“Senior Lender”), and a , having an office at (“Junior Lender”).

INTERCREDITOR AGREEMENT
Intercreditor Agreement • October 12th, 2023 • Party City Holdco Inc. • Retail-miscellaneous retail • New York

Intercreditor Agreement (this “Agreement”), dated as of October 12, 2023, among JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, with its successors and assigns, and as more specifically defined below, the “First Priority Representative”) for the First Priority Secured Parties (as defined below), WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee and Collateral Agent (in such capacity, with its successors and assigns, and as more specifically defined below, the “Second Priority Representative”) for the Second Priority Secured Parties (as defined below), PARTY CITY HOLDINGS INC., a Delaware corporation (the “Ultimate Parent”), PARTY CITY HOLDCO INC., a Delaware corporation (“Parent Borrower”), PARTY CITY CORPORATION, a Delaware corporation (“Party City”, and collectively with the Parent Borrower, the “Borrowers”), and each of the other Loan Parties (as defined below) party hereto.

as the Issuer, THE GUARANTORS PARTY HERETO FROM TIME TO TIME, and U.S. BANK NATIONAL ASSOCIATION, as Trustee and Collateral Agent 6.125% Senior Secured Notes due 2028 INDENTURE Dated as of June 14, 2021
Intercreditor Agreement • June 14th, 2021 • MICROSTRATEGY Inc • Services-prepackaged software • New York

INDENTURE dated as of June 14, 2021, by and between MICROSTRATEGY INCORPORATED (the “Issuer”), the GUARANTORS party hereto from time to time and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”).

Intercreditor Agreement
Intercreditor Agreement • September 26th, 2022

Public reporting burden for this collection of information is estimated to average 1.5 hours. This includes the time for collecting, reviewing, and reporting the data. The information is being collected to obtain the supportive documentation which must be submitted to HUD for approval, and is necessary to ensure that viable projects are developed and maintained. The Department will use this information to determine if properties meet HUD requirements with respect to development, operation and/or asset management, as well as ensuring the continued marketability of the properties. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number.

INTERCREDITOR AGREEMENT Dated as of September 18, 2023 among ATW Special situations iI llc, as First Lien Collateral Agent, and ATW Special situations i llc, as Second Lien Collateral Agent, and acknowledged and agreed to by NAUTICUS ROBOTICS, INC.,...
Intercreditor Agreement • September 21st, 2023 • Nauticus Robotics, Inc. • General industrial machinery & equipment, nec • New York

This INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is dated as of September 18, 2023, and entered into by and among ATW Special Situations II LLC, as collateral agent for the holders of the First Lien Obligations (as defined below) (in such capacity and together with its successors from time to time, the “First Lien Collateral Agent”), and ATW Special Situations I LLC, as agent for the holders of the Second Lien Obligations (as defined below) (in such capacity and together with its successors from time to time, the “Second Lien Collateral Agent”), and acknowledged and agreed to by NAUTICUS ROBOTICS, INC., a Delaware corporation (the “Company”), and the other Grantors (as defined below) party hereto from time to time. Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.

Fifth Amendment and Waiver to the Credit Agreement and the Intercreditor Agreement
Intercreditor Agreement • June 30th, 2003 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
AMENDED AND RESTATED INTERCREDITOR AGREEMENT
Intercreditor Agreement • February 10th, 2017 • Hexion Inc. • Plastic materials, synth resins & nonvulcan elastomers • New York

This AMENDED AND RESTATED INTERCREDITOR AGREEMENT, dated as of February 8, 2017, is among JPMORGAN CHASE BANK, N.A. (“JPMCB”), as Intercreditor Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee and as Collateral Agent for the holders of the notes issued under the New 1.5 Lien Notes Indenture (as defined below), JPMCB, as Senior-Priority Agent for the secured parties under the ABL Facility (as defined below), WILMINGTON TRUST, NATIONAL ASSOCIATION, as Senior-Priority Agent for the holders of the notes issued under the New First Lien Notes Indenture (as defined below), WILMINGTON TRUST, NATIONAL ASSOCIATION, as Senior-Priority Agent for the holders of the notes issued under the 6.625% First Lien Notes Indenture (as defined below), WILMINGTON TRUST, NATIONAL ASSOCIATION, as Senior-Priority Agent for the holders of the notes issued under the 10.00% First Lien Notes Indenture (as defined below), HEXION LLC, a Delaware limited liability company (“Holdings”), HEXION INC., a New Jersey

AMENDED AND RESTATED INTERCREDITOR AGREEMENT Dated as of February 1, 2021 AMONG WILMINGTON TRUST, NATIONAL ASSOCIATION not in its individual capacity but solely as Trustee under the United Airlines Pass Through Trust 2020-1A and United Airlines Pass...
Intercreditor Agreement • February 1st, 2021 • United Airlines, Inc. • Air transportation, scheduled

AMENDED AND RESTATED INTERCREDITOR AGREEMENT (this “Agreement”) dated as of February 1, 2021, among WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association (“WTNA”), not in its individual capacity but solely as Trustee of each Trust (each as defined below); GOLDMAN SACHS BANK USA, as a Class A Liquidity Provider and a Class B Liquidity Provider; BARCLAYS BANK PLC, as a Class A Liquidity Provider; MORGAN STANLEY BANK, N.A., as a Class A Liquidity Provider; CITIBANK, N.A., as a Class B Liquidity Provider; CREDIT SUISSE AG, NEW YORK BRANCH, as a Class B Liquidity Provider; and WILMINGTON TRUST NATIONAL ASSOCIATION, not in its individual capacity except as expressly set forth herein, but solely as Subordination Agent and trustee hereunder (in such capacity, together with any successor appointed pursuant to Article VIII hereof, the “Subordination Agent”).

INTERCREDITOR AGREEMENT
Intercreditor Agreement • August 10th, 2020 • SeaWorld Entertainment, Inc. • Services-miscellaneous amusement & recreation • New York

THIS INTERCREDITOR AGREEMENT is dated as of August 5, 2020, among JPMORGAN CHASE BANK, N.A., as Credit Agreement Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, as First Priority Notes Collateral Agent, each Other First Priority Lien Obligations Agent from time to time party hereto, each in its capacity as First Lien Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, solely in its capacity as Trustee and Second Priority Collateral Agent and each collateral agent for any Future Second Lien Indebtedness from time to time party hereto, each in its capacity as Second Priority Agent.

WITNESSETH:
Intercreditor Agreement • April 27th, 2007 • WCI Steel, Inc. • Steel works, blast furnaces & rolling mills (coke ovens) • New York
THIS INDENTURE, AND THE RIGHTS OF THE PARTIES HEREUNDER, ARE SUBJECT TO THE PROVISIONS OF THE OMNIBUS INTERCREDITOR AGREEMENT, DATED AS OF DECEMBER 7, 2009, BETWEEN THE TRUSTEE AND THE OTHER CREDITORS PARTY THERETO FROM TIME TO TIME, AND THE COMPANY...
Intercreditor Agreement • December 29th, 2009 • FiberTower CORP • Radiotelephone communications • New York

INDENTURE, dated as of December 22, 2009, among FiberTower Corporation, a Delaware corporation (the “Company”), the Guarantors (as defined below) and Wells Fargo Bank, National Association, as trustee (the “Trustee”).

AMENDMENT AND RESTATEMENT AGREEMENT relating to a REVOLVING FACILITY AGREEMENT originally dated 14 October 2020 (as amended and restated pursuant to an amendment and restatement
Intercreditor Agreement • September 23rd, 2022 • Manchester United PLC • Services-amusement & recreation services • New York

THIS AGREEMENT is dated 14 October 2020 (as amended and restated on the First Effective Date and as further amended and restated on the Second Effective Date) and made between:

FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT among GARDEN ACQUISITION HOLDINGS, INC., GARDEN MERGER SUB, LLC, and the other Grantors party hereto, MORGAN STANLEY SENIOR FUNDING, INC., as Senior Representative for the Credit Agreement Secured...
Intercreditor Agreement • May 30th, 2018 • BrightView Holdings, Inc. • Agricultural services • New York

FIRS LIEN/SECOND LIEN INTERCREDITOR AGREEMENT, dated as of December 18, 2013 (this “Agreement”), among GARDEN ACQUISITION HOLDINGS, INC., a Delaware corporation (“Holdings”), GARDEN MERGER SUB, LLC, a Delaware limited liabiity company (the “Initial Borrower”), THE BRICKMAN GROUP LTD. LLC, a Delaware limited liability company (the “Company”), the other Grantors (as defined below) party hereto, MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”), as Representative for the Credit Agreement Secured Parties (in such capacity, the “Administrative Agent”), CREDIT SUISSE AG, as Representative for the Initial Second Priority Debt Parties (in such capacity, the “Initial Second Priority Representative”), and each additional Second Priority Representative and Senior Representative that from time to time becomes a party hereto pursuant to Section 8.09.

SABRE GLBL INC. AND EACH OF THE GUARANTORS PARTY HERETO 8.625% SENIOR SECURED NOTES DUE 2027 INDENTURE Dated as of September 7, 2023 COMPUTERSHARE TRUST COMPANY, N.A. as Trustee and Collateral Agent
Intercreditor Agreement • September 7th, 2023 • Sabre Corp • Services-computer programming, data processing, etc. • New York

INDENTURE dated as of September 7, 2023 among Sabre GLBL Inc., a Delaware corporation (the “Company”), the Guarantors (as defined herein) and Computershare Trust Company, N.A., as trustee (in such capacity, the “Trustee”) and collateral agent.

SECOND LIEN CREDIT AGREEMENT Dated as of March 16, 2017 By and among BCPE EAGLE INTERMEDIATE HOLDINGS, LLC, as Holdings, BCPE EAGLE BUYER LLC, as the Borrower, The several Lenders from time to time parties hereto, ROYAL BANK OF CANADA, as the...
Intercreditor Agreement • April 1st, 2021 • Aveanna Healthcare Holdings, Inc. • Services-home health care services • New York

SECOND LIEN CREDIT AGREEMENT, dated as of March 16, 2017, by and among BCPE EAGLE INTERMEDIATE HOLDINGS LLC, a Delaware limited liability company (“Holdings”), BCPE EAGLE BUYER LLC, a Delaware limited liability company (the “Borrower”), the lending institutions from time to time parties hereto as lenders (each, a “Lender” and, collectively, the “Lenders”), and ROYAL BANK OF CANADA, as the Administrative Agent, the Collateral Agent, and a Lender (such terms and each other capitalized term used but not defined in this preamble or the recitals below having the meaning provided in Section 1.1).

AutoNDA by SimpleDocs
INTERCREDITOR AGREEMENT
Intercreditor Agreement • March 30th, 2020 • A. M. Castle & Co. • Wholesale-metals service centers & offices • New York

INTERCREDITOR AGREEMENT dated as of March 27, 2020 (this “Intercreditor Agreement” as hereinafter further defined), among PNC Bank, National Association, in its capacity as administrative and collateral agent for the First Lien Secured Parties (in such capacity, “First Lien Agent” as hereinafter further defined), and Wilmington Savings Fund Society, FSB, in its capacities as indenture trustee and collateral agent for the Second Lien Secured Parties (in such capacities, “Second Lien Agent” as hereinafter further defined).

INTERCREDITOR AGREEMENT by and between BANK OF AMERICA, N.A., as ABL Agent, and U.S. BANK, NATIONAL ASSOCIATION, as Trustee Dated as of December 20, 2012
Intercreditor Agreement • September 6th, 2013 • Tops Markets Ii Corp • Retail-grocery stores • New York
INTERCREDITOR AGREEMENT Dated as of August 11, 2014 AMONG WILMINGTON TRUST, NATIONAL ASSOCIATION not in its individual capacity but solely as Trustee under the United Airlines Pass Through Trust 2014-2A and United Airlines Pass Through Trust 2014-2B...
Intercreditor Agreement • August 14th, 2014 • United Airlines, Inc. • Air transportation, scheduled

INTERCREDITOR AGREEMENT (this “Agreement”) dated as of August 11, 2014, among WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association (“WTNA”), not in its individual capacity but solely as Trustee of each Trust (each as defined below); BNP PARIBAS, a société anonyme organized under the laws of France, acting through its New York Branch, as Class A Liquidity Provider and Class B Liquidity Provider; and WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity except as expressly set forth herein, but solely as Subordination Agent and trustee hereunder (in such capacity, together with any successor appointed pursuant to Article VIII hereof, the “Subordination Agent”).

INTERCREDITOR AGREEMENT
Intercreditor Agreement • December 3rd, 2018 • Illinois

THIS INTERCREDITOR AGREEMENT (this “Agreement”), dated as of November , 2018 is by and between Community Investment Corporation, an Illinois not for profit corporation (“Senior Lender”), and CIC Mezzanine Investors, LLC, a Delaware limited liability company (“Subordinate Lender”).

WITNESSETH:
Intercreditor Agreement • October 2nd, 2001 • Apw LTD • Wholesale-electronic parts & equipment, nec
THE LENDERS
Intercreditor Agreement • July 2nd, 2007 • Inverness Medical Innovations Inc • In vitro & in vivo diagnostic substances • New York
AMENDED AND RESTATED INTERCREDITOR AGREEMENT
Intercreditor Agreement • February 29th, 2024 • Credit Acceptance Corp • Personal credit institutions • New York

This Amended and Restated Intercreditor Agreement (this “Agreement”), dated February 27, 2024, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding LLC II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), CAC Warehouse Funding LLC VI (“Warehouse Funding VI”), CAC Warehouse Funding LLC VIII (“Warehouse Funding VIII”), Credit Acceptance Funding LLC 2024-A (“Funding 2024-A”), Credit Acceptance Funding LLC 2023-5 (“Funding 2023-5”), Credit Acceptance Funding LLC 2023-A (“Funding 2023-A”), Credit Acceptance Funding LLC 2023-3 (“Funding 2023-3”), Credit Acceptance Funding LLC 2023-2 (“Funding 2023-2”), Credit Acceptance Funding LLC 2023-1 (“Funding 2023-1”), Credit Acceptance Funding LLC 2022-3 (“Funding 2022-3”), Credit Acceptance Funding LLC 2022-2 (“Funding 2022-2”), Credit Acceptance Funding LLC 2022-1 (“Funding 2022-1”), Credit Acceptance Funding LLC 2021-4 (“Funding 2021-4”), Credit Acc

INTERCREDITOR AGREEMENT dated as of April 16, 2014 among MCDERMOTT INTERNATIONAL, INC., as the Parent and a Company, MCDERMOTT FINANCE L.L.C. as a Company, certain Subsidiaries of Parent party hereto, CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as...
Intercreditor Agreement • April 16th, 2014 • McDermott International Inc • Fabricated plate work (boiler shops) • New York

INTERCREDITOR AGREEMENT dated as of April 16, 2014 (this “Agreement”), among MCDERMOTT INTERNATIONAL, INC., a Panamanian corporation (the “Parent”), MCDERMOTT FINANCE L.L.C., a Delaware limited liability company (the “Term Borrower” and together with the Parent, collectively, the “Companies” and each, a “Company”), the Subsidiaries of the Parent party hereto, CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as collateral agent for the First Priority Secured Parties (as defined below) (in such capacity and together with any successor or assigns, the “First Priority Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent for the Second Priority Secured Parties (as defined below) (in such capacity and together with any successor or assigns, the “Second Priority Agent”).

OPORTUN FUNDING XIII, LLC, as Issuer and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, as Securities Intermediary and as Depositary Bank BASE INDENTURE Dated as of August 1, 2019 Asset Backed Notes (Issuable in Series)
Intercreditor Agreement • September 16th, 2019 • Oportun Financial Corp • Finance services • New York

BASE INDENTURE, dated as of August 1, 2019, between OPORTUN FUNDING XIII, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association with trust powers, as Trustee, as Securities Intermediary and as Depositary Bank.

RECITALS:
Intercreditor Agreement • May 20th, 2005 • Vestin Realty Trust II, Inc • Nevada
INTERCREDITOR AGREEMENT
Intercreditor Agreement • February 13th, 2023 • PishPosh, Inc. • Retail-nonstore retailers • New York

THIS INTERCREDITOR AGREEMENT, dated as of November 30, 2021, (this “Agreement”), is by and among Dov Kurlander (“Kurlander”), the parties identified on Schedule A hereto (each a “New Lender” and collectively the “New Lenders” and together with Kurlander each a “Lender’” and collectively the “Lenders”), and Pish Posh Baby LLC, a Delaware limited liability company (the “Company” and together with the Lenders each a “Party” and collectively the “Parties”).

Dated 7 February 2022 Amendment and Restatement Agreement in respect of the Intercreditor Agreement originally dated 1 December 2016 (as amended and restated from time to time) between Bank of China Limited, Macau Branch 2016 Credit Facility Agent...
Intercreditor Agreement • March 31st, 2022 • Melco Resorts & Entertainment LTD • Hotels & motels • Macau

This Agreement is originally dated 1 December 2016 (November 30, 2016, New York time), was amended and restated pursuant to an amendment and restatement deed dated 7th February 2022 and is made

Time is Money Join Law Insider Premium to draft better contracts faster.