Term Credit Agreement means the Credit and Guaranty Agreement, dated as of May 17, 2013, among the Lead Borrower, certain of its Subsidiaries from time to time party thereto, the Term Lenders from time to time party thereto, the Term Agent and the other agents and parties from time to time party thereto (including any Permitted Refinancing Indebtedness in respect thereof).
This Agreement is the Intercreditor Agreement referred to in the ABL Credit Agreement and the Term Credit Agreement.
The ABL Agent and the Term Agent shall each be named as additional insured or loss payee, as applicable, with respect to all insurance policies relating to the Collateral as set forth in the Term Credit Agreement or the ABL Credit Agreement, as applicable.
Except as permitted by the Transaction Documents and the Transaction Documents (as defined in the Term Credit Agreement), it will not sell, pledge, assign or transfer, or grant, create, incur, assume or suffer to exist any Lien (except for Permitted Liens) on, any Collateral, whether now existing or hereafter transferred hereunder, or any interest therein, to any other Person.
Permitted Liens: Include (i) Liens granted pursuant to or by the Transaction Documents, (ii) Liens for Taxes less than thirty (30) days overdue provided an adequate reserve for such Taxes has been established on the books of the Borrowers, as applicable, in accordance with GAAP, and (iii) Liens arising under the Term Credit Agreement (or the other Transaction Documents as defined therein).
The Senior Term Credit Agreement shall include protective provisions for such matters as default interest, capital adequacy, increased costs, funding losses, illegality and withholding taxes.