SECOND LIEN INTERCREDITOR AGREEMENTSecond Lien Intercreditor Agreement • October 11th, 2017 • Vici Properties Inc. • Real estate investment trusts • New York
THIS SECOND LIEN INTERCREDITOR AGREEMENT is dated as of October 6, 2017, by and among VICI Properties 1 LLC, a Delaware limited liability company (the “Company”), VICI FC Inc., a Delaware corporation (“Finco” and collectively with the Company, the “Borrowers” or the “Issuers”), Wilmington Trust, National Association (“Wilmington Trust”), as Credit Agreement Agent, UMB Bank, National Association (“UMB”), as Initial Other First Priority Lien Obligations Agent, each Other First Priority Lien Obligations Agent from time to time party hereto, each in its capacity as First Lien Agent, UMB, as Trustee and each collateral agent for any Future Second Lien Indebtedness from time to time party hereto, each in its capacity as Second Priority Agent.
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT dated as of July 1, 2015 between CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as First Lien Facility Agent and Applicable First Lien Agent, and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Second Lien Facility...Second Lien Intercreditor Agreement • December 21st, 2017 • ADT, Inc. • Services-detective, guard & armored car services • New York
This FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT, dated as of July 1, 2015 (as amended, renewed, extended, supplemented, restated, replaced or otherwise modified from time to time, this “Agreement”), is between CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH (“CS”), in its capacities as the First Lien Facility Agent and the Applicable First Lien Agent, and CS, in its capacities as the Second Lien Facility Agent and the Applicable Second Lien Agent; and is acknowledged and consented to by (a) PRIME SECURITY SERVICES BORROWER, LLC, a Delaware limited liability company (together with its successors in such capacity and as provided in Section 8.18 (Effectiveness of Agreement), the “Company”), and the other Pledgors, (b) each Other First Lien Obligations Agent, for itself and on behalf of the Other First Lien Obligations Secured Parties, that has executed and delivered an applicable Consent and Acknowledgment, and (c) each Other Second Lien Obligations Agent, for itself and on behalf of the Othe
ContractSecond Lien Intercreditor Agreement • May 5th, 2020 • New York
Attachment: 8-K Exhibit 10.1 Execution Version THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 7, 2019, among LAUREATE EDUCATION, INC., as the Borrower, The Several Lenders from Time to Time Parties Hereto, and CITIBANK, N.A., as Administrative Agent and Collateral Agent ———————————————————————— Citigroup Global Markets, Inc., JPMorgan Chase Bank, N.A. Barclays Bank PLC BMO Capital Markets Corp. Credit Suisse Loan Funding LLC Goldman Sachs Lending Partners LLC and Macquarie Capital (USA) Inc. as Joint Lead Arrangers and Joint Bookrunners TABLE OF CONTENTS Page Section 1.Definitions 1 1.1Defined Terms 1 1.2Other Interpretive Provisions 54 1.3Accounting Terms 54 1.4Rounding 55 1.5References to Agreements, Laws, Etc. 55 1.6Exchange Rates 55 1.7Determinations of Status 55 1.8Not-For-Profit Universities 56 1.9Divisions 57 Section 2.Amount and Terms of Credit 57 2.1Commitments 57 2.2Minimum Amount of Each Borrowing; Maximum Number of Borrowings 59 2.3Notice of Borrowing 59 2.
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT (Pledgors)Second Lien Intercreditor Agreement • March 11th, 2019 • ADT Inc. • Services-detective, guard & armored car services
The Pledgor listed on Annex I hereto has read the First Lien/Second Lien Intercreditor Agreement, dated as of July 1, 2015, between Barclays Bank PLC, in its capacities as First Lien Facility Agent and Applicable First Lien Agent, and Wells Fargo Bank, National Association, in its capacities as Second Lien Facility Agent and Applicable Second Lien Agent (as amended, renewed, extended, supplemented, restated, replaced or otherwise modified from time to time, the “First Lien/Second Lien Intercreditor Agreement”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the First Lien/Second Lien Intercreditor Agreement.
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT (Pledgors)Second Lien Intercreditor Agreement • March 11th, 2019 • ADT Inc. • Services-detective, guard & armored car services
Each of the Pledgors listed on Annex I hereto has read the First Lien/Second Lien Intercreditor Agreement, dated as of July 1, 2015, between Barclays Bank PLC, in its capacities as First Lien Facility Agent and Applicable First Lien Agent, and Wells Fargo Bank, National Association, in its capacities as Second Lien Facility Agent and Applicable Second Lien Agent (as amended, renewed, extended, supplemented, restated, replaced or otherwise modified from time to time, the “First Lien/Second Lien Intercreditor Agreement”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the First Lien/Second Lien Intercreditor Agreement.
OMNIBUS AMENDMENT NO. 5 TO COMBINED CREDIT AGREEMENTSSecond Lien Intercreditor Agreement • September 8th, 2014 • Quicksilver Resources Inc • Crude petroleum & natural gas • New York
THIS OMNIBUS AMENDMENT NO. 5 TO COMBINED CREDIT AGREEMENTS (this “Amendment”), dated as of June 21, 2013, is among QUICKSILVER RESOURCES INC., (the “U.S. Borrower”), QUICKSILVER RESOURCES CANADA INC., (the “Canadian Borrower”) (collectively, the “Combined Borrowers”), JPMORGAN CHASE BANK, N.A., as global administrative agent (in such capacity, the “Global Administrative Agent”), JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as Canadian administrative agent (in such capacity, the “Canadian Administrative Agent” and, together with the Global Administrative Agent, the “Administrative Agents”), and each of the U.S. Lenders and Canadian Lenders party hereto.
SECOND AMENDMENT AGREEMENT (this “Amendment”), dated as of September 7, 2012, to that certain Credit Agreement, dated as of December 21, 2011 (as amended prior to the date hereof, the “Existing Credit Agreement”; and as amended hereby, the “Credit...Second Lien Intercreditor Agreement • March 31st, 2015 • Samson Resources Corp • Crude petroleum & natural gas • New York
CREDIT AGREEMENT, dated as of December 21, 2011, among SAMSON INVESTMENT COMPANY, a Nevada corporation (the “Borrower”), (such terms and each other capitalized term used but not defined in this preamble having the meaning provided in Section 1), the banks, financial institutions and other lending institutions from time to time parties as lenders hereto (each a “Lender” and, collectively, the “Lenders”), JPMORGAN CHASE BANK, N.A., as Administrative Agent, Collateral Agent, Swingline Lender and a Letter of Credit Issuer, and each other Letter of Credit Issuer from time to time party hereto.
Second Lien Intercreditor AgreementSecond Lien Intercreditor Agreement • February 21st, 2017 • Turning Point Brands, Inc. • Tobacco products • New York
This Second Lien Intercreditor Agreement (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of February 17, 2017 and entered into by and among Fifth Third Bank, an Ohio banking corporation, in its capacity as administrative agent under the First Lien Credit Agreement for the First Lien Claimholders (in such capacity and together with its successors from time to time in such capacity, the “First Lien Collateral Agent”), Prospect Capital Corporation, a Maryland corporation, in its capacity as administrative agent under the Second Lien Loan Agreement for the Second Lien Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Second Lien Collateral Agent”), and acknowledged and agreed to by Turning Point Brands, Inc., a Delaware corporation (“Turning Point”), North Atlantic Trading Company, Inc., a Delaware corporation (“NATC”; Turning Point and NATC are each individ
CREDIT AGREEMENT dated as of November 10, 2010, among CB RICHARD ELLIS SERVICES, INC., CB RICHARD ELLIS GROUP, INC., CERTAIN SUBSIDIARIES OF CB RICHARD ELLIS SERVICES, INC., THE LENDERS NAMED HEREIN and CREDIT SUISSE AG, as Administrative Agent and...Second Lien Intercreditor Agreement • November 17th, 2010 • Cb Richard Ellis Group Inc • Real estate • New York
GUARANTEE AND PLEDGE AGREEMENT dated as of November 10, 2010 (this “Agreement”), among CB RICHARD ELLIS SERVICES, INC., a Delaware corporation (the “U.S. Borrower”), CB RICHARD ELLIS GROUP, INC., a Delaware corporation (“Holdings”), the Subsidiaries of the U.S. Borrower from time to time party hereto and CREDIT SUISSE AG (“Credit Suisse”), as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined herein).
ACKNOWLEDGEMENT OF AND CONSENT TO FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENTSecond Lien Intercreditor Agreement • March 11th, 2019 • ADT Inc. • Services-detective, guard & armored car services
The Pledgor listed on Annex I hereto has read the First Lien/Second Lien Intercreditor Agreement, dated as of July 1, 2015, between Barclays Bank PLC, in its capacities as First Lien Facility Agent and Applicable First Lien Agent, and Wells Fargo Bank, National Association, in its capacities as Second Lien Facility Agent and Applicable Second Lien Agent (as amended, renewed, extended, supplemented, restated, replaced or otherwise modified from time to time, the “First Lien/Second Lien Intercreditor Agreement”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the First Lien/Second Lien Intercreditor Agreement.
SECOND LIEN INTERCREDITOR AGREEMENT dated as of December 6, 2019,Second Lien Intercreditor Agreement • December 9th, 2019 • Mallinckrodt PLC • Pharmaceutical preparations • New York
This SECOND LIEN INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented and/or otherwise modified from time to time, this “Agreement”) is dated as of December 6, 2019, and entered into by and among DEUTSCHE BANK AG NEW YORK BRANCH, in its capacity as collateral agent and (where applicable) trustee for the First Lien Claimholders (as defined below) (in such capacity and together with its successors and assigns in such capacity, the “First Lien Collateral Agent”) and as administrative agent under the First Lien Credit Agreement (as defined below) (the “First Lien Credit Agreement Representative”), WILMINGTON SAVINGS FUND SOCIETY, FSB, in its capacity as collateral agent for the Second Lien Claimholders (as defined below) (in such capacity and together with its successors and assigns in such capacity, the “Second Lien Collateral Agent”) and as trustee under the Initial Second Lien Document (as defined below) (in such capacity and together with its successors and
AMENDMENT AGREEMENT (this “Amendment”), dated as of August 10, 2010, among FIRST DATA CORPORATION (the “Borrower”), each Guarantor, the Lenders party to the Credit Agreement, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH (formerly known as Credit Suisse,...Second Lien Intercreditor Agreement • August 16th, 2010 • First Data Corp • Services-computer processing & data preparation • New York
CREDIT AGREEMENT, dated as of September 24, 2007, as amended and restated as of September 28, 2007, as amended, restated, supplemented or otherwise modified from time to time, among FIRST DATA CORPORATION, a Delaware corporation (the “Company” or the “Borrower”), the lending institutions from time to time parties hereto (each a “Lender” and, collectively, the “Lenders”), CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Administrative Agent, Swingline Lender and Letter of Credit Issuer (such terms and each other capitalized term used but not defined in this preamble having the meaning provided in Section 1), CITIBANK, N.A., as Syndication Agent, and CREDIT SUISSE SECURITIES (USA) LLC, CITIGROUP GLOBAL MARKETS, INC., DEUTSCHE BANK SECURITIES INC., GOLDMAN SACHS CREDIT PARTNERS L.P., HSBC SECURITIES (USA) INC., LEHMAN BROTHERS INC. and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Joint Lead Arrangers and Bookrunners.
SECOND LIEN INTERCREDITOR AGREEMENT Dated as of May 13, 2013 among CHINA MERCHANTS BANK CO., LTD., NEW YORK BRANCH as First Lien Representative and First Lien Collateral Agent for the First Lien Secured Parties, WILMINGTON TRUST, NATIONAL ASSOCIATION,...Second Lien Intercreditor Agreement • May 13th, 2013 • Ion Geophysical Corp • Oil & gas field exploration services • New York
SECOND LIEN INTERCREDITOR AGREEMENT dated as of May 13, 2013 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among CHINA MERCHANTS BANK CO., LTD., NEW YORK BRANCH (“CMB”), as administrative agent, as first lien representative for the First Lien Secured Parties (in such capacity and together with its successors in such capacity, and together with any Replacement First Lien Representative, the “First Lien Representative”) and collateral agent, (or the equivalent) for the First Lien Secured Parties (in such capacity and together with its successors in such capacity, and together with any Replacement First Lien Collateral Agent, the “First Lien Collateral Agent”), WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee, as second lien representative for the Second Lien Secured Parties (in such capacity and together with its successors in such capacity, the “Second Lien Representative”), U.S. Bank National Association, as coll
FIRST LIEN/SECOND LIEN INTERCREDITOR AGREEMENT (Pledgor)Second Lien Intercreditor Agreement • March 11th, 2019 • ADT Inc. • Services-detective, guard & armored car services
The Pledgor listed on Annex I hereto has read the First Lien/Second Lien Intercreditor Agreement, dated as of July 1, 2015, between Barclays Bank PLC, in its capacities as First Lien Facility Agent and Applicable First Lien Agent, and Wells Fargo Bank, National Association, in its capacities as Second Lien Facility Agent and Applicable Second Lien Agent (as amended, renewed, extended, supplemented, restated, replaced or otherwise modified from time to time, the “First Lien/Second Lien Intercreditor Agreement”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the First Lien/Second Lien Intercreditor Agreement.
ENTERCOM MEDIA CORP., THE GUARANTORS NAMED ON THE SIGNATURE PAGES HERETO and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee INDENTURE Dated as of March 25, 2021 6.750% SENIOR SECURED SECOND-LIEN NOTES DUE 2029Second Lien Intercreditor Agreement • March 29th, 2021 • Entercom Communications Corp • Radio broadcasting stations • New York
INDENTURE, dated as of March 25, 2021, among Entercom Media Corp., a Delaware corporation (the “Issuer”), the Subsidiary Guarantors (as defined herein) listed on the signature pages hereto and Deutsche Bank Trust Company Americas, a New York banking corporation, as trustee (in such capacity, the “Trustee”) and as notes collateral agent (in such capacity, the “Notes Collateral Agent”).
SECOND LIEN INTERCREDITOR AGREEMENTSecond Lien Intercreditor Agreement • March 17th, 2011 • FriendFinder Networks Inc. • Services-computer programming, data processing, etc. • New York
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and obligations herein set forth and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
SECOND LIEN INTERCREDITOR AGREEMENT Dated as of May 23, 2014 among BARCLAYS BANK PLC, as the Initial First Lien Representative and Initial First Lien Collateral Agent for the Initial First Lien Claimholders, BARCLAYS BANK PLC, as the Initial Second...Second Lien Intercreditor Agreement • February 27th, 2015 • Engility Holdings, Inc. • Services-engineering services • New York
This SECOND LIEN INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of May 23, 2014, and entered into by and among BARCLAYS BANK PLC, as First Lien Representative for the Initial First Lien Claimholders (as defined below) (in such capacity and together with its successors and assigns from time to time in such capacity “Initial First Lien Representative”) and collateral agent for the Initial First Lien Claimholders (in such capacity and together with its successors and assigns from time to time in such capacity, the “Initial First Lien Collateral Agent”), BARCLAYS BANK PLC, as Second Lien Representative for the Initial Second Lien Claimholders (as defined below) (in such capacity and together with its successors and assigns from time to time in such capacity the “Initial Second Lien Representative”) and collateral agent for the Initial Second Lien Claimholders (as defined below) (in such
First Amendment to the Second Lien Intercreditor AgreementSecond Lien Intercreditor Agreement • March 8th, 2018 • Turning Point Brands, Inc. • Tobacco products
This First Amendment to Second Lien Intercreditor Agreement (this “Amendment”), dated March 7, 2018, and entered into by and among Fifth Third Bank, an Ohio banking corporation, as First Lien Collateral Agent (the “First Lien Collateral Agent”), and Prospect Capital Corporation, a Maryland corporation, as Second Lien Collateral Agent (the “Second Lien Collateral Agent”), and acknowledged by Turning Point Brands, Inc., a Delaware corporation (the “Borrower”) and the other Grantors (as defined below).
