SECTION 3 from Intercreditor Agreement
Intercreditor Agreement (this Agreement), dated as of January 30, 2012, among THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Collateral Agent (in such capacity, with its successors and assigns, and as more specifically defined below, the First Priority Representative) for the First Priority Secured Parties (as defined below), WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Agent (in such capacity, with its successors and assigns, and as more specifically defined below, the Second Priority Representative) for the Second Priority Secured Parties (as defined below), ST. LOUIS POST-DISPATCH LLC (the Borrower) and each of the other Loan Parties (as defined below) party hereto.
SECTION 3. Enforcement Rights. 3.1 Exclusive Enforcement. Until the First Priority Obligations Payment Date has occurred, whether or not an Insolvency Proceeding has been commenced by or against any Loan Party, the First Priority Secured Parties shall have the exclusive right to take and continue any Enforcement Action with respect to the Common Collateral, without any consultation with or consent of any Second Priority Secured Party, but subject to the provisos set forth in Sections 3.2 and 5.1. Upon the occurrence and during the continuance of a default or an event of default under the First Priority Documents, the First Priority Representative and the other First Priority Secured Parties may take and continue any Enforcement Action with respect to the First Priority Obligations and the Common Collateral in such order and manner as they may determine in their sole discretion. 3.2 Standstill and Waivers. The Second Priority Representative, on behalf of itself and the other Second Priority Secured Parties, agrees that, until the First Priority Obligations Payment Date has occurred, subject to the proviso set forth in Section 5.1:
SECTION 3 from Loan and Security Agreement
This AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT ("Amendment") is entered into as of September 1, 2006 by and among Coachmen Industries, Inc. ("Coachmen") as Borrower Representative (in such capacity "Borrower Representative") and a Loan Party, an Indiana corporation, ("Coachmen RV"), an Indiana limited liability company, Coachmen Recreational Vehicle Company of Georgia, LLC ("Coachmen GA"), a Georgia limited liability company, Viking Recreational Vehicles, LLC ("Viking"), a Michigan limited liability company, All American Homes, LLC ("AAH"), an Indiana limited liability company, All American Homes of Colorado, LLC ("AAH-CO"), a Colorado limited liability company, All American Homes of Indiana, LLC ("AAH-IN"), an Indiana limited liability company, All American Homes of Iowa, LLC ("AAH-IA"), an Iowa limited liability c
SECTION 3. Condition to Effectiveness. This Amendment shall only be effective when it shall have been duly executed and delivered by each Loan Party, the Agent and each of the Lenders, and the Agent shall have received a duly executed counterpart of this Amendment from each Loan Party and each Lender.