Lien Subordination and Intercreditor Agreement Sample Contracts

Contract
Lien Subordination and Intercreditor Agreement • March 21st, 2011 • Ply Gem Holdings Inc • Millwood, veneer, plywood, & structural wood members • New York

AMENDED AND RESTATED LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of February 11, 2011, among UBS AG, STAMFORD BRANCH as Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee and Noteholder Collateral Agent, PLY GEM INDUSTRIES, INC. PLY GEM HOLDINGS, INC. and the Subsidiaries of Ply Gem Industries, Inc. listed on Schedule I hereto

EX-10.5 6 d235785dex105.htm LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT Execution Version LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of September 23, 2011, among PNC BANK, NATIONAL ASSOCIATION as Credit Facilities Collateral Agent, as...
Lien Subordination and Intercreditor Agreement • May 5th, 2020 • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of September 23, 2011, between PNC BANK, NATIONAL ASSOCIATION, as collateral agent for the Credit Facility Secured Parties referred to herein; U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Note Secured Parties referred to herein; FLOTEK INDUSTRIES, INC.; and the other Grantors named herein.

EX-10.2 7 d701455dex102.htm EX-10.2 EXECUTION VERSION LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT
Lien Subordination and Intercreditor Agreement • May 5th, 2020 • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of February 8, 2019, among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Intercreditor Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, solely in its capacity as Collateral Agent, PETROQUEST ENERGY, INC. (the “Parent”), PETROQUEST ENERGY, L.L.C. (the “Company”), and each Subsidiary of the Parent listed on Schedule I hereto (the “Subsidiary Guarantors”).

EXHIBIT 4.15 LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT
Lien Subordination and Intercreditor Agreement • May 19th, 2004 • Goodyear Tire & Rubber Co /Oh/ • Tires & inner tubes • New York
LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of October 1, 2009, among WELLS FARGO FOOTHILL, LLC, as ABL Agent, WILMINGTON TRUST FSB, as Noteholder Collateral Trustee, STREAM GLOBAL SERVICES, INC. as Parent and the Subsidiaries of Parent...
Lien Subordination and Intercreditor Agreement • October 5th, 2009 • Stream Global Services, Inc. • Services-help supply services • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT, dated as of October 1, 2009 (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), among WELLS FARGO FOOTHILL, LLC, a Delaware limited liability company, as agent for the ABL Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Original ABL Agent”), WILMINGTON TRUST FSB, as Collateral Trustee for the Priority Lien Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Noteholder Collateral Trustee”) pursuant to the Collateral Trust Agreement dated as of the date hereof among the grantors party thereto and the Noteholder Collateral Trustee, STREAM GLOBAL SERVICES, INC., a Delaware corporation (“Stream”) and the subsidiaries of Stream named herein.

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of January 28, 2011, among CITIBANK, N.A., as ABL Agent, WILMINGTON TRUST COMPANY, as Noteholder Collateral Agent, SCORPIO ACQUISITION CORPORATION, POLYMER GROUP, INC. and the Subsidiaries of...
Lien Subordination and Intercreditor Agreement • October 25th, 2011 • Dominion Textile (Usa), L.L.C. • Broadwoven fabric mills, man made fiber & silk • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT, dated as of January 28, 2011 (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), among CITIBANK, N.A., as agent for the ABL Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Original ABL Agent”), WILMINGTON TRUST COMPANY, as collateral agent for the Noteholder Lien Secured Parties referred to herein (in such capacity, and together with its successors in such capacity, the “Original Noteholder Collateral Agent”), SCORPIO ACQUISITION CORPORATION (“Parent”), POLYMER GROUP, INC. (“PGI”) and the subsidiaries of PGI named herein (the “Guarantors” and together with Parent and PGI, the “Initial Grantors”).

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of October 6, 2005, among DEUTSCHE BANK TRUST COMPANY AMERICAS, as Revolving Facility Agent, CREDIT SUISSE, as Term Loan Agent, NEWTON ACQUISITION, INC., NEWTON ACQUISITION MERGER SUB, INC. (to...
Lien Subordination and Intercreditor Agreement • December 8th, 2010 • Neiman Marcus, Inc. • Retail-department stores • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of October 6, 2005, among DEUTSCHE BANK TRUST COMPANY AMERICAS, as agent for the Revolving Facility Secured Parties referred to herein; CREDIT SUISSE, as agent for the Term Loan Secured Parties and the Existing Notes Secured Parties referred to herein; NEWTON ACQUISITION, INC.; NEWTON ACQUISITION MERGER SUB, INC. (to be merged with and into The Neiman Marcus Group, Inc.); and the subsidiaries of The Neiman Marcus Group, Inc. named herein.

EX-10.31 11 d333840dex1031.htm LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of May 16, 2012, among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Revolving Facility Agent, GOLDMAN SACHS BANK USA,...
Lien Subordination and Intercreditor Agreement • May 5th, 2020 • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of May 16, 2012 (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), among Wells Fargo Bank, National Association, a national banking association, as successor by merger to Wachovia Bank, National Association, Goldman Sachs Bank USA, as agent for the Term Loan Secured Parties referred to herein; Five Below, Inc.; and the Subsidiaries of Five Below, Inc. from time to time party hereto.

EX-10.27 101 dex1027.htm LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT EXECUTION VERSION LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of October 28, 2008, among BANK OF AMERICA, N.A., as Revolving Facility Collateral Agent BANK OF AMERICA,...
Lien Subordination and Intercreditor Agreement • May 5th, 2020 • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of October 28, 2008 among BANK OF AMERICA, N.A., as collateral agent for the Revolving Facility Secured Parties referred to herein and BANK OF AMERICA, N.A., as collateral agent for the Term Debt Secured Parties referred to herein, SKY ACQUISITION LLC, SKY MERGER SUB CORPORATION, APRIA HEALTHCARE GROUP INC. and the subsidiaries of APRIA HEALTHCARE GROUP INC. named herein.

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of August 13, 2009, among BANK OF AMERICA, N.A., as Collateral Agent, WILMINGTON TRUST FSB, as Trustee and Noteholder Collateral Agent, AFFINIA GROUP INC., AFFINIA GROUP INTERMEDIATE HOLDINGS...
Lien Subordination and Intercreditor Agreement • August 19th, 2009 • Affinia Group Intermediate Holdings Inc. • Motor vehicle parts & accessories • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of August 13, 2009 among BANK OF AMERICA, N.A., as collateral agent for the Revolving Facility Secured Parties referred to herein, WILMINGTON TRUST FSB, as trustee under the Indenture referred to herein and as collateral agent for the Noteholder Secured Parties referred to herein, AFFINIA GROUP INC, AFFINIA GROUP INTERMEDIATE HOLDINGS INC and the subsidiaries of Affinia Group Inc. listed on Schedule I hereto (as well as each future Domestic Subsidiary of Affinia Group Inc. that becomes a party hereto pursuant to the terms hereof).

Contract
Lien Subordination and Intercreditor Agreement • June 8th, 2011 • Neiman Marcus, Inc. • Retail-department stores • New York

AMENDMENT NO. 1 dated as of May 16, 2011 (this “Amendment”), to the Lien Subordination and Intercreditor Agreement dated as of October 6, 2005 (as amended or otherwise modified prior to the date hereof, the “Intercreditor Agreement”; capitalized terms used but not otherwise defined herein having the meanings assigned thereto therein), among NEIMAN MARCUS, INC. (formerly known as Newton Acquisition, Inc.), a Delaware corporation, THE NEIMAN MARCUS GROUP, INC., a Delaware corporation (the “Borrower”), BANK OF AMERICA, N.A., as agent for the Revolving Facility Secured Parties referred to therein, the subsidiaries of the Borrower from time to time party thereto, and CREDIT SUISSE AG (formerly known as Credit Suisse), as agent for the Term Loan Secured Parties referred to therein.

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT JOINDER AGREEMENT
Lien Subordination and Intercreditor Agreement • August 9th, 2013 • Apria Healthcare Group Inc • Services-home health care services • New York

JOINDER AGREEMENT dated as of April 5, 2013 (as amended, modified or supplemented from time to time, this “Agreement”) among Bank of America, N.A., as administrative agent under the New Term Credit Agreement (as defined below) (the “New Term Agreement Administrative Agent”), U.S. Bank National Association, as collateral agent under the New Term Credit Agreement (in such capacity, the “New Term Agreement Collateral Agent”, and collectively with its capacity as Notes Collateral Agent (as defined below), the Term Debt Collateral Agent (as defined in the Intercreditor Agreement (as defined below))), U.S. Bank National Association, as collateral agent (in such capacity, the “Notes Collateral Agent”) and as trustee (in such capacity, the “Trustee”) under the Indenture (as defined below), Bank of America, N.A., as Revolving Facility Collateral Agent, Apria Healthcare Group Inc., a Delaware corporation (the “Company”) and the other Loan Parties signatory hereto. Defined terms used but not othe

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of April 26, 2011 among BANK OF AMERICA, N.A., as ABL Administrative Agent, UBS AG, STAMFORD BRANCH, as Term Loan Collateral Agent, NORTEK, INC. and the Subsidiaries of Nortek, Inc. named herein
Lien Subordination and Intercreditor Agreement • September 14th, 2011 • Nortek Inc • Electric housewares & fans • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of April 26, 2011, among BANK OF AMERICA, N.A., as Administrative Agent under the ABL Credit Agreement referred to herein and as ABL Administrative Agent for the ABL Secured Parties, UBS AG, STAMFORD BRANCH, as Term Loan Collateral Agent for the Term Loan Secured Parties referred to herein, NORTEK, INC. and the subsidiaries of Nortek, Inc. named herein.

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT
Lien Subordination and Intercreditor Agreement • October 15th, 2009 • Us Oncology Corporate Inc • Services-specialty outpatient facilities, nec • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) dated as of June 18, 2009, among US ONCOLOGY, INC. (the “Company”), a Delaware corporation, each Subsidiary of the Company listed on Schedule 1 hereto, JPMORGAN CHASE BANK, N.A. (“JPMCB”), as administrative agent and collateral agent for the Senior Lenders (as defined below) (in such capacity, as further defined herein, the “Intercreditor Agent”), and WILMINGTON TRUST FSB, as collateral agent and trustee for the Secured Notes Holders (as defined below) (in such capacity, as further defined herein, the “Notes Collateral Agent”).

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of December 14, 2012 among BANK OF AMERICA, N.A., as Revolving Collateral Agent, CREDIT SUISSE AG, as Term Collateral Agent, FLAG INTERMEDIATE HOLDINGS CORPORATION, METALS USA, INC. and the...
Lien Subordination and Intercreditor Agreement • December 19th, 2012 • Metals Usa Holdings Corp. • Wholesale-metals service centers & offices • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of December 14, 2012 among BANK OF AMERICA, N.A., as collateral agent for the Revolving Facility Secured Parties referred to herein, CREDIT SUISSE AG, as collateral agent for the Term Facility Secured Parties referred to herein, FLAG INTERMEDIATE HOLDINGS CORPORATION, METALS USA, INC. and the subsidiaries of Metals USA, Inc. named herein.

Contract
Lien Subordination and Intercreditor Agreement • November 20th, 2007 • Symmetry Holdings Inc • Non-operating establishments • New York

LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of November 15, 2007 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), among SYMMETRY HOLDINGS INC., a Delaware corporation (“Symmetry”); NOVAMERICAN STEEL FINCO INC., a Delaware Corporation (the “US Borrower”); NOVAMERICAN STEEL INC., a Canadian corporation (the “Canadian Borrower” and, together with the US Borrower, the “Borrowers”); the other SUBSIDIARIES of SYMMETRY whose signatures appear below or who in the future become parties hereto as provided in Section 8.18; JPMORGAN CHASE BANK, N.A., in its capacity as Administrative Agent for, and acting on behalf of, the Revolving Credit Secured Parties referred to herein (together with its successors and assigns in such capacity, the “Revolving Credit Agent”); and THE BANK OF NEW YORK, in its capacity as Collateral Agent for, and acting on behalf of, the Senior Notes Secured Parties referred to herein (together with its successors and assigns in