2014 Intercreditor Agreement definition

2014 Intercreditor Agreement means an intercreditor agreement among the Loan Parties, the Administrative Agent, the trustee and/or collateral agent (as the case may be) for the First Lien Notes, and the trustee and/or collateral agent (as the case may be) for the 2014 Second Lien Notes, in form and substance substantially similar to the Intercreditor Agreement or such other form on customary and reasonable terms as may be approved by the Administrative Agent, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time.
Sample 1
2014 Intercreditor Agreement means an intercreditor agreement among the Loan Parties, the Administrative Agent, the trustee and/or collateral agent (as the case may be) for the First Lien Notes, and the trustee and/or collateral agent (as the case may be) for the 2014 Second Lien Notes, in form and substance substantially similar to the Intercreditor Agreement or such other form on customary and reasonable terms as may be approved by the Administrative Agentthat certain Intercreditor Agreement, dated as of June 26, 2014, among the Borrower, Holdings, the other Guarantors, Bank of America, N.A., as administrative agent for the holders of the “Revolving Credit Obligations” (as defined therein), The Bank of New York Mellon, as collateral agent for the holders of the “Senior Priority Fixed Asset Obligations” (as defined therein), and The Bank of New York Mellon, as collateral agent for the holders of the “Junior Priority Obligations” (as defined therein), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time.
Sample 1
2014 Intercreditor Agreement means an intercreditor agreement among the Loan Parties, the Administrative Agent, the trustee and/or collateral agent (as the case may be) for the First Lien Notes, and the trustee and/or collateral agent (as the case may be) for the 2014 Second Lien Notes, in form and substance substantially similar to the Intercreditor Agreement or such other form on customary and reasonable terms as may be approved by the Administrative Agent, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time. “2014 Notes” means, collectively, the First Lien Notes and the 2014 Second Lien Notes. “2014 Second Lien Notes” means the senior secured second priority notes to be issued on or before October 31, 2014 by the Borrower in an aggregate original principal amount, together with the aggregate original principal amount of the First Lien Notes, not to exceed $800,000,000; provided, that the indenture or indentures, as the case may be, governing the 2014 Second Lien Notes do not contain any mandatory prepayments (other than customary asset sale and change of control offer covenants) or amortization and the terms relating to principal amount, maturity, collateral (if any) and subordination (if any), and other material terms taken as a whole, of any such 2014 Second Lien Notes, and of any agreement entered into and of any instrument issued in connection therewith, are no less favorable in any material respect to the Loan Parties or the Lenders than the terms contained in the Second Lien Notes Documents. “First Lien Intercreditor Agreement” means an intercreditor agreement among the Borrower, Holdings, the other Guarantors, the Administrative Agent and the trustee and/or collateral agent (as the case may be) for the First Lien Notes, in form and substance substantially similar to the Term Intercreditor Agreement or such other form on customary and reasonable terms as may be approved by the Administrative Agent, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time. “First Lien Notes” means the senior secured first priority notes to be issued on or before October 31, 2014 by the Borrower in an aggregate original principal amount, together with the aggregate original principal amount of the 2014 Second Lien Notes, not to exceed $800,000,000; provided that the indenture or indentures, as the case may be, governing the First Lien Notes do not contain any mandatory prepayments (other than custom...
Sample 1

Examples of 2014 Intercreditor Agreement in a sentence

  • The Existing 2014 Intercreditor Agreement is, effective as of the Amendment No. 3 Effective Date, hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the pages of the Intercreditor Agreement attached as Exhibit B hereto.

  • In the event of any conflict between the terms of the 2016 Intercreditor Agreement, the First Lien Intercreditor Agreement or the 2014 Intercreditor Agreement and the terms of this Agreement, the terms of the 2016 Intercreditor Agreement, the First Lien Intercreditor Agreement or the 2014 Intercreditor Agreement (as applicable) shall govern.


More Definitions of 2014 Intercreditor Agreement

2014 Intercreditor Agreement means that certain Intercreditor Agreement, dated as of June 26, 2014, among the Borrower, Holdings, the other Guarantors, Bank of America, N.A., as administrative agent for the holders of the “Revolving Credit Obligations” (as defined therein), The Bank of New York Mellon, as collateral agent for the holders of the “Senior Priority Fixed Asset Obligations” (as defined therein), and The Bank of New York Mellon, as collateral agent for the holders of the “Junior Priority Obligations” (as defined therein), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time.
Sample 1

Related to 2014 Intercreditor Agreement

  • ABL Intercreditor Agreement means the Intercreditor Agreement, dated as of July 26, 2022, by and among the Collateral Agent (as defined therein), the ABL Agent, and each additional representative party thereto from time to time, as amended, restated or otherwise modified from time to time in accordance with the terms thereof.

  • Intercreditor Agreement means the Intercreditor Agreement dated as of the Issue Date (and as may be amended, restated, amended and restated, supplemented or otherwise modified from time to time), between, among others, the Company, the Guarantors, the Trustee, the Collateral Agent, and each additional authorized representative and collateral agent from time to time party thereto.

  • First Lien Intercreditor Agreement means an agreement in substantially the form of Exhibit C, with such changes thereto as are reasonably acceptable to the Administrative Agent and the Company.

  • Second Lien Intercreditor Agreement means the Second Lien Intercreditor Agreement substantially in the form of Exhibit H among the Administrative Agent and one or more Senior Representatives for holders of Permitted Second Priority Refinancing Debt, with such modifications thereto as the Administrative Agent may reasonably agree.

  • Other Intercreditor Agreement an intercreditor agreement in form and substance reasonably satisfactory to the Borrower and the Collateral Agent.

  • Existing Intercreditor Agreement means the existing intercreditor agreement dated 11 May 2007 (as amended by a letter dated 21 June 2007 and a further letter dated 29 June 2007, as amended and restated on 5 November 2009 and as further amended on 5 November 2010) between, inter alia, Beverage Packaging Holdings (Luxembourg) I S.A., Rank Group Holdings Limited (now Xxxxxxxx Group Holdings Limited), Beverage Packaging Holdings (Luxembourg) II S.A., Beverage Packaging Holdings (Luxembourg) III S.à x.x., Credit Suisse AG (formerly Credit Suisse) as security trustee and others.

  • ABL/Term Loan Intercreditor Agreement as defined in the recitals hereto.

  • Junior Lien Intercreditor Agreement means an intercreditor agreement in form and substance reasonably satisfactory to the Administrative Agent between the Administrative Agent and one or more collateral agents or representatives for the holders of Indebtedness that is secured by a Lien on the Collateral ranking junior to the Liens of the Loan Documents.

  • Customary Intercreditor Agreement means (a) to the extent executed in connection with the Incurrence of secured Indebtedness Incurred by a Credit Party, the Liens on the Collateral securing which are intended to rank equal in priority to the Liens on the Collateral securing the Obligations (but without regard to the control of remedies), at the option of the Borrower and the Collateral Agent acting together in good faith, either (i) any intercreditor agreement substantially in the form of the Equal Priority Intercreditor Agreement or (ii) a customary intercreditor agreement in form and substance reasonably acceptable to the Collateral Agent and the Borrower, which agreement shall provide that the Liens on the Collateral securing such Indebtedness shall rank equal in priority to the Liens on the Collateral securing the Obligations (but without regard to the control of remedies) and (b) to the extent executed in connection with the Incurrence of secured Indebtedness Incurred by a Credit Party, the Liens on the Collateral securing which are intended to rank junior in priority to the Liens on the Collateral securing the Obligations, at the option of the Borrower and the Collateral Agent acting together in good faith, either (i) an intercreditor agreement substantially in the form of the Junior Priority Intercreditor Agreement or (ii) a customary intercreditor agreement in form and substance reasonably acceptable to the Collateral Agent and the Borrower, which agreement shall provide that the Liens on the Collateral securing such Indebtedness shall rank junior in priority to the Liens on the Collateral securing the Obligations.

  • Intercreditor Agreements means the First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement, collectively, in each case to the extent in effect.

  • First Lien/Second Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, in each case, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • Acceptable Intercreditor Agreement means the Intercreditor Agreement, a Market Intercreditor Agreement, or another intercreditor agreement that is reasonably satisfactory to the Administrative Agent (which may, if applicable, consist of a payment “waterfall”).

  • Additional Intercreditor Agreement has the meaning given to it in Section 4.23(b).

  • Collateral Agency and Intercreditor Agreement means that certain Collateral Agency and Intercreditor Agreement, dated as of January 31, 2008 (as amended, amended and restated, supplemented or otherwise modified from time to time in compliance with the terms of this Indenture), by and among the Company, the other guarantors from time to time party thereto, the secured debt representatives and the Collateral Agent.

  • Pari Passu Intercreditor Agreement means an intercreditor agreement among the Administrative Agent and the other parties from time to time party thereto, substantially in the form of Exhibit I.

  • Permitted Pari Passu Intercreditor Agreement means, with respect to any Liens on Collateral that are intended to be pari passu with the Liens securing the Term B Loans (and other Loan Obligations that are pari passu with the Term B Loans), either (as the Borrower shall elect) (x) the First Lien/First Lien Intercreditor Agreement, (y) another intercreditor agreement not materially less favorable to the Lenders vis-à-vis such pari passu Liens than the First Lien/First Lien Intercreditor Agreement (as determined by the Borrower in good faith) or (z) another intercreditor agreement the terms of which are consistent with market terms governing security arrangements for the sharing of liens on a pari passu basis at the time such intercreditor agreement is proposed to be established in light of the type of Indebtedness to be secured by such liens, as determined by the Administrative Agent and the Borrower in the exercise of reasonable judgment.

  • Permitted Junior Intercreditor Agreement means, with respect to any Liens on Collateral that are intended to be junior to any Liens securing the Term B-1 Loans (and other Loan Obligations that are pari passu with the Term B-1 Loans) (including, for the avoidance of doubt, junior Liens pursuant to Section 2.21(b)(ii) and (v)), either (as the Borrower shall elect) (x) the First Lien/Second Lien Intercreditor Agreement if such Liens secure “Second Lien Obligations” (as defined therein), (y) another intercreditor agreement not materially less favorable to the Lenders vis-à-vis such junior Liens than the First Lien/Second Lien Intercreditor Agreement (as determined by the Borrower in good faith) or (z) another intercreditor agreement the terms of which are consistent with market terms governing security arrangements for the sharing of liens on a junior basis at the time such intercreditor agreement is proposed to be established in light of the type of Indebtedness to be secured by such liens, as determined by the Administrative Agent and the Borrower in the exercise of reasonable judgment.

  • Equal Priority Intercreditor Agreement means the Equal Priority Intercreditor Agreement substantially in the form of Exhibit G-1 among (x) the Collateral Agent and (y) one or more representatives of the holders of one or more classes of Permitted Additional Debt and/or Permitted Equal Priority Refinancing Debt, with any immaterial changes and material changes thereto in light of the prevailing market conditions, which material changes shall be posted to the Lenders not less than five Business Days before execution thereof and, if the Required Lenders shall not have objected to such changes within five Business Days after posting, then the Required Lenders shall be deemed to have agreed that the Administrative Agent’s and/or Collateral Agent’s entry into such intercreditor agreement (with such changes) is reasonable and to have consented to such intercreditor agreement (with such changes) and to the Administrative Agent’s and/or Collateral Agent’s execution thereof.

  • Intercreditor Agent has the meaning given to such term in the Intercreditor Agreement.

  • Term Loan Security Documents means the “Security Documents” as defined in the Term Loan Credit Agreement.

  • ABL Security Documents means any agreement, document or instrument pursuant to which a Lien is granted securing any ABL Obligations or under which rights or remedies with respect to such Liens are governed.

  • Senior Secured Credit Agreement means that certain Credit Agreement, dated as of September 27, 2018, among the Borrowers, the lenders from time to time party thereto, JPMCB as administrative agent, JPMCB as collateral agent, and the other parties thereto, as amended, restated, amended, restated, extended, supplemented, refinanced or otherwise modified from time to time.

  • First Lien Security Documents means the Security Documents (as defined in the First Lien Credit Agreement) and any other agreement, document or instrument pursuant to which a Lien is granted or purported to be granted securing any First Lien Obligations or under which rights or remedies with respect to such Liens are governed.

  • Credit Agreement Collateral Documents means the Security Agreement, the other Collateral Documents (as defined in the Credit Agreement) and each other agreement entered into in favor of the Credit Agreement Collateral Agent for the purpose of securing any Credit Agreement Obligations.

  • Second Priority Documents means each Second Priority Agreement, each Second Priority Security Document and each Second Priority Guarantee.

  • Subordination Agreement means any subordination or intercreditor agreement(s) entered into with respect to any subordinate financing related to the Project, as the same may be amended, supplemented or restated.