Working Capital Intercreditor Agreement definition

Working Capital Intercreditor Agreement means the subordination agreement of even date herewith entered into between Us and Silicon Valley Bank and acknowledged by You, or another subordination or intercreditor agreement, as applicable, entered into between Us and another Working Capital Lender that is on terms not less favorable in any material respect to Us.

Working Capital Intercreditor Agreement means an intercreditor and lien subordination agreement, dated as of the date hereof, among the Collateral Agent and Xxxxxxx Xxxxx, pursuant to which the Lenders shall agree not to take enforcement action with respect to the Working Capital Collateral until the Working Capital Facility shall be paid in full; and otherwise in a form reasonably satisfactory to the Collateral Agent and the Requisite Lenders.

Working Capital Intercreditor Agreement means the Intercreditor Agreement, dated as of the Initial Closing Date, by and among the Working Capital Lender, the Lenders, the Agent, Borrower, Parent, NBS, BVX, and each other Subsidiary from time to time party thereto, as amended by the First Amendment thereto dated as of the Series D Closing and as may be further amended, amended and restated, extended, supplemented, refinanced or otherwise modified from time to time.

Examples of Working Capital Intercreditor Agreement in a sentence

• The Company, Administrative Agent, Collateral Agent and each Lender hereto acknowledge and agree that their respective rights in the Collateral as established under each Credit Document are subject to the Term Loan Intercreditor Agreement and the Working Capital Intercreditor Agreement.

• At all times during such period, the Working Capital Lender and (subject to the Working Capital Intercreditor Agreement) Agent for its benefit and the benefit of each Lender shall have the sole right to collect and commence legal proceedings to collect the Accounts, take possession of the Collateral, or both.

• As a condition to this issuance (a) each Buyer shall exercise that amount of its outstanding Series A Warrants and Series B Warrants exercisable into such number of shares of Class A Common Stock as set forth on the Schedule of Closing Exercise Shares to the Securities Purchase Agreement and (b) the Loan Parties shall enter into an appropriate amendment to each of the Credit Agreement, the Working Capital Credit Agreement and the Working Capital Intercreditor Agreement.

• The Company, Administrative Agent, Collateral Agent and each Lender hereto acknowledge and agree that their respective rights in the Collateral as established under each Credit Document are subject to the Working Capital Intercreditor Agreement.

• Within sixty (60) days after the Closing Date, You will provide Us with an executed pledge agreement (subject to the provisions of the Working Capital Intercreditor Agreement) executed by You and Us pursuant to which you will pledge 65% of the capital stock or ownership interests of each of Your first-tier Foreign Subsidiaries to Us.

More Definitions of Working Capital Intercreditor Agreement

Working Capital Intercreditor Agreement means (a) that certain Subordination Agreement dated as of the Closing Date by and between Us and Pacific Western Bank as the Working Capital Lender or (b) in the event of a new Working Capital Lender, an intercreditor agreement entered into between Us (or Collateral Agent on behalf of Us) and the Working Capital Lender on terms acceptable to Us in Our sole discretion.

Working Capital Intercreditor Agreement means the Intercreditor and Lien Subordination Agreement, dated as of the date hereof, by and among Agents, Working Capital Agents and the Loan Parties (as the same may be amended, restated or otherwise modified from time to time pursuant to the terms thereof).

Working Capital Intercreditor Agreement means that certain intercreditor agreement, of even date herewith, by, between and among the Trustee on behalf of the holders of the Notes, on the one hand, and the Working Capital Lenders (and any successor or successors thereto or assignee or assignees therefrom), on the other hand, substantially in the form of Exhibit E-1 hereto, as the same may be amended, supplemented or modified from time to time in accordance with the terms thereof.

Working Capital Intercreditor Agreement means any intercreditor agreement entered into between a Working Capital Lender, the Issuer, the Noteholders and the Collateral Agent, substantially in the form and substance of Exhibit B-6 of the NPA.

Working Capital Intercreditor Agreement means (a) that certain Subordination Agreement dated as of the Closing Date by and between Us and Pacific Western Bank as the Working Capital Lender or (b) in the event of a new Working Capital Lender, an intercreditor agreement entered into between Us (or Collateral Agent on behalf of Us) and the Working Capital Lender on terms acceptable to Us in Our sole discretion. “Working Capital Lender” means (a) Pacific Western Bank so long as the Square One Facility is in place or (b) a commercial bank regularly engaged in the business of lending money (excluding venture capital lenders, non-bank venture capital lenders, investment banking or similar institutions which sometimes engage in lending activities but which are primarily engaged in investments in equity securities) party to a Working Capital Intercreditor Agreement. “Working Capital Loan Facility” means the Square One Facility in amount not to exceed the Senior Debt Cap (as defined in the Working Capital Intercreditor Agreement) or any replacement formula based revolving line of credit provided by the Working Capital Lender entered into on or after the Closing Date pursuant to which the Working Capital Lender makes advances based on the value of Your Accounts in an amount not to exceed $25,000,000 at any time. SECTION 127.Unless otherwise specified, all references in this Agreement or any Annex or Schedule hereto to a “Section,” “subsection,” “Exhibit,” “Annex,” or “Schedule” shall refer to the corresponding Section, subsection, Exhibit, Annex, or Schedule in or to this Agreement. The terms "herein," "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole, including all Exhibits, Annexes and Schedules, and not to any particular Section, subsection or other subdivision. SECTION 128.Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and the plural, and pronouns stated in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders. The words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation,” the word “or” is not exclusive; references to Persons include their respective successors and assigns (to the extent and only to the extent permitted by this Agreement and the Loan Documents) or, in the case of governmental Persons, Persons succeeding to the relevant functions of such Persons; and all references to sta...

Working Capital Intercreditor Agreement means an intercreditor agreement entered into between Us (or Collateral Agent on behalf of Us) and the Working Capital Lender on terms acceptable to Us in Our sole discretion.

Working Capital Intercreditor Agreement shall have the meaning assigned to that term in Section 3.27.