Junior Priority Intercreditor Agreement Sample Contracts

Execution Version JUNIOR PRIORITY INTERCREDITOR AGREEMENT
Junior Priority Intercreditor Agreement • May 5th, 2020 • New York

JUNIOR PRIORITY INTERCREDITOR AGREEMENT, dated as of March 12, 2018, among WILMINGTON TRUST, NATIONAL ASSOCIATION in its capacity as “Collateral Agent” under the First Lien Pari Passu Intercreditor Agreement (as defined below) (together with its successors as “Collateral Agent,” the “First Lien Representative”), as Representative for the First Lien Secured Parties (as defined below), and WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as “Collateral Agent” under the Junior Lien Pari Passu Intercreditor Agreement (as defined below) (together with its successors as “Collateral Agent” under the Junior Lien Pari Passu Intercreditor Agreement, the “Junior Lien Representative”), as Representative for the Junior Lien Secured Parties (as defined below). Capitalized terms used herein but not otherwise defined herein have the meanings set forth in Section 1 below.

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CREDIT AGREEMENT
Junior Priority Intercreditor Agreement • July 2nd, 2021 • Snap One Holdings Corp. • Electronic components & accessories • New York

CREDIT AGREEMENT, dated as of August 4, 2017, among CRACKLE PURCHASER CORP., a Delaware corporation (“Holdings”; as hereinafter further defined), CRACKLE MERGER SUB I CORP., a Delaware corporation (“Merger Sub”), which on the Closing Date shall be merged with and into Amplify (with Amplify surviving such merger as the Debt Surviving Company and being renamed WIREPATH LLC, as the “Borrower”; as hereinafter further defined), the Lenders from time to time party hereto, the Letter of Credit Issuers from time to time party hereto and UBS AG, STAMFORD BRANCH, as the Administrative Agent, Collateral Agent and Swingline Lender.

FTAI INFRA ESCROW HOLDINGS, LLC (whose obligations are to be assumed by FTAI Infrastructure Inc.) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee and as Notes Collateral Agent INDENTURE Dated as of July 7, 2022 10.500% SENIOR SECURED...
Junior Priority Intercreditor Agreement • July 12th, 2022 • FTAI Infrastructure LLC • Wholesale-petroleum bulk stations & terminals • New York

INDENTURE, dated as of July 7, 2022, between FTAI Infra Escrow Holdings, LLC (the “Escrow Issuer”), a Delaware limited liability company (whose obligations are to be assumed by FTAI Infrastructure, as hereinafter defined), and U.S. Bank Trust Company, National Association, as trustee (the “Trustee”) and as collateral agent (the “Notes Collateral Agent”).

PARI PASSU INTERCREDITOR AGREEMENT dated as of June 23, 2016 among WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Agent, JPMORGAN CHASE BANK, N.A., as Term Loan Authorized Representative for the Term Loan Secured Parties, WILMINGTON TRUST,...
Junior Priority Intercreditor Agreement • June 24th, 2016 • J C Penney Co Inc • Retail-department stores • New York

Notwithstanding anything herein to the contrary, any liens and security interests granted to the Collateral Agent pursuant to this Pari Passu Intercreditor Agreement and the exercise of any right or remedy by the Collateral Agent hereunder are subject to the limitations and provisions of the Intercreditor and Collateral Cooperation Agreement, dated as of June 23, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the “ABL Intercreditor Agreement”), among Wells Fargo Bank, National Association, as representative for the First Priority Secured Parties (as defined therein), Wilmington Trust, National Association, as representative for the Term Loan/Notes Secured Parties, and certain other persons party or that may become party thereto from time to time, and consented to by J. C. Penney Corporation and the grantors identified therein. In the event of any conflict between the terms of the ABL Intercreditor Agreement and the terms of this Pari Passu Intercredit

J.P. Morgan TERM CREDIT AGREEMENT dated as of June 18, 2014, among THE MEN’S WEARHOUSE, INC., as Borrower The LENDERS Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent
Junior Priority Intercreditor Agreement • June 20th, 2014 • Mens Wearhouse Inc • Retail-apparel & accessory stores • Delaware

TERM CREDIT AGREEMENT dated as of June 18, 2014, among THE MEN’S WEARHOUSE, INC., the LENDERS party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

CREDIT AGREEMENT dated as of December 8, 2023, among SUNOPTA INC., as Borrower, Certain of the Borrower's subsidiaries from time to time party hereto as Guarantors, VARIOUS LENDERS, BANK OF AMERICA, N.A., as ADMINISTRATIVE AGENT, COLLATERAL AGENT and...
Junior Priority Intercreditor Agreement • December 14th, 2023 • SunOpta Inc. • Wholesale-farm product raw materials • New York

THIS CREDIT AGREEMENT, dated as of December 8, 2023, among SUNOPTA INC., a corporation organized under the laws of Canada (the "Borrower"), and each of the Guarantors (as hereinafter defined) party hereto from time to time, the Lenders and Issuing Banks party hereto from time to time, BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the "Administrative Agent"; as hereinafter further defined), and as an Issuing Bank and the Swingline Lender, and BANK OF AMERICA, N.A., as Collateral Agent (in such capacity, the "Collateral Agent"; as hereinafter further defined). All capitalized terms used herein and defined in Section 1.01 are used herein as therein defined.

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