Common Contracts
10 similar Intercreditor Agreement contracts by Berry Plastics Holding Corp, Aeroways, LLC, Berry Plastics Group Inc, others
INTERCREDITOR AGREEMENTIntercreditor Agreement • August 10th, 2020 • SeaWorld Entertainment, Inc. • Services-miscellaneous amusement & recreation • New York
THIS INTERCREDITOR AGREEMENT is dated as of August 5, 2020, among JPMORGAN CHASE BANK, N.A., as Credit Agreement Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, as First Priority Notes Collateral Agent, each Other First Priority Lien Obligations Agent from time to time party hereto, each in its capacity as First Lien Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, solely in its capacity as Trustee and Second Priority Collateral Agent and each collateral agent for any Future Second Lien Indebtedness from time to time party hereto, each in its capacity as Second Priority Agent.
EX-10.21 28 d470550dex1021.htm EX-10.21 SECOND LIEN INTERCREDITOR AGREEMENTIntercreditor Agreement • May 5th, 2020 • 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.
SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • November 23rd, 2015 • Berry Plastics Group Inc • Plastics products, nec • New York
THIS SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENT is dated as of February 5, 2008, among CREDIT SUISSE, CAYMAN ISLANDS BRANCH (“Credit Suisse”) and BANK OF AMERICA, N.A., in their capacities as administrative agent and collateral agent under the Term Credit Agreement and the Revolving Credit Agreement (as defined below), respectively, and BANK OF AMERICA, N.A., in its capacity as administrative agent and collateral agent under the Bridge Loan Credit Agreement (as defined below), and each Other First Priority Lien Obligations Collateral Agent (as defined below) from time to time party hereto, each in its capacity as First Lien Agent, WELLS FARGO BANK, N.A., as Second Priority Notes Trustee, BERRY PLASTICS GROUP, INC., a Delaware corporation (“Holdings”), Berry Plastics Corporation, a Delaware corporation, as a borrower under the Term Credit Agreement (as defined below), a borrower under the Revolving Credit Agreement (as defined below), and a borrower under the Bridge Loan Credit
INTERCREDITOR AGREEMENTIntercreditor Agreement • June 18th, 2012 • Sampson Simulator, LLC • Services-offices & clinics of doctors of medicine • New York
THIS INTERCREDITOR AGREEMENT is dated as of May 10, 2012, among WELLS FARGO BANK, National Association, as Credit Agreement Agent, in its capacity as First Lien Agent, Wilmington Trust, National Association, as Second Priority Collateral Agent and each collateral agent for any Future Second Lien Indebtedness from time to time party hereto, each in its capacity as Second Priority Agent.
INTERCREDITOR AGREEMENTIntercreditor Agreement • March 9th, 2011 • Claires Stores Inc • Retail-apparel & accessory stores • New York
THIS INTERCREDITOR AGREEMENT is dated as of March 4, 2011, among (i) CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH (f/k/a Credit Suisse, Cayman Islands Branch), in its capacity as Credit Agreement Agent, and each Other First Lien Obligations Agent from time to time party hereto, each in its capacity as First Lien Agent, (ii) THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee and collateral agent, and each collateral agent for any Future Second Lien Indebtedness from time to time party hereto, each in its capacity as Second Priority Agent, and (iii) CLAIRE’S INC., a Delaware corporation (“Holdings”), CLAIRE’S STORES, INC., a Florida corporation (the “Company”), and each Subsidiary of the Company listed on Schedule I hereto or that becomes a party hereto pursuant to Section 8.21 below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • November 4th, 2010 • Quality Distribution Inc • Trucking (no local) • New York
THIS INTERCREDITOR AGREEMENT is dated as of November 3, 2010, among CREDIT SUISSE, CAYMAN ISLANDS BRANCH, in its capacity as Administrative Agent (as defined below), GENERAL ELECTRIC CAPITAL CORPORATION, in its capacity as Fixed Asset Credit Agreement Agent, GENERAL ELECTRIC CAPITAL CORPORATION, in its capacity as Current Asset Credit Agreement Agent, each Other First Priority Lien Obligations Agent from time to time party hereto, each in its capacity as First Lien Agent, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., 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.
INTERCREDITOR AGREEMENTIntercreditor Agreement • October 15th, 2010 • Aeroways, LLC • Retail-eating places • New York
THIS INTERCREDITOR AGREEMENT is dated as of July 12, 2010, among MORGAN STANLEY SENIOR FUNDING, INC., as Credit Agreement Agent, each Other First-Priority Lien Obligations Agent from time to time party hereto, each in its capacity as a First Lien Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, 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.
INTERCREDITOR AGREEMENTIntercreditor Agreement • March 17th, 2009 • Harrahs Entertainment Inc • Services-miscellaneous amusement & recreation • New York
THIS INTERCREDITOR AGREEMENT is dated as of December 24, 2008, among BANK OF AMERICA, N.A., as Credit Agreement Agent, each Other First Priority Lien Obligations Agent from time to time party hereto, each in its capacity as First Lien Agent, U.S. BANK NATIONAL ASSOCIATION, 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.
AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • April 10th, 2007 • Berry Plastics Holding Corp • Plastics products, nec • New York
THIS AMENDED AND RESTATED INTERCREDITOR AGREEMENT is amended and restated as of April 3, 2007, among CREDIT SUISSE, CAYMAN ISLANDS BRANCH (“Credit Suisse”) and BANK OF AMERICA, N.A., each in their capacity as First Lien Agent, WELLS FARGO BANK, N.A., as Trustee, BERRY PLASTICS GROUP, INC., a Delaware corporation (“Holdings”), COVALENCE SPECIALTY MATERIALS CORP., a Delaware corporation, which on the Closing Date shall be merged (the “Merger”) with and into BERRY PLASTICS HOLDING CORPORATION (“Berry”), with BERRY PLASTICS HOLDING CORPORATION surviving such Merger as a borrower under the Term Credit Agreement (as defined below), a borrower under the Revolving Credit Agreement (as defined below), and the obligor under the Notes (as defined below) (the “Company”), and each Subsidiary of the Company listed on Schedule I hereto or that becomes a party hereto pursuant to Section 8.21 below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • November 2nd, 2006 • Berry Plastics Holding Corp • Plastics products, nec • New York
INTERCREDITOR AGREEMENT dated as of September 20, 2006, among CREDIT SUISSE, CAYMAN ISLANDS BRANCH (“Credit Suisse”), as First Lien Agent, WELLS FARGO BANK, N.A., as Trustee, BERRY PLASTICS GROUP, INC., a Delaware corporation (“Holdings”), BPC ACQUISITION CORP., a Delaware corporation which, at the time of the acquisition, will merge (the “Merger”) with and into BPC Holding Corporation, a Delaware corporation, with BPC Holding Corporation surviving such merger as the borrower under the Credit Agreement (as defined below) and the obligor under the Notes (as defined below) (the “Company”), and each Subsidiary of the Company listed on Schedule I hereto or that becomes a party hereto pursuant to Section 8.21 below.
