Passu Intercreditor Agreement Sample Contracts

FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT
Passu Intercreditor Agreement • February 28th, 2023 • Sotera Health Co • Services-misc health & allied services, nec • New York

amended, restated, amended and restated, extended, supplemented or otherwise modified from time to time, this “Agreement”), among SOTERA HEALTH COMPANY, a Delaware corporation (“Holdings”), SOTERA HEALTH HOLDINGS, LLC, a Delaware limited liability company (the “Company”), the other Grantors (as defined below) from time to time party hereto, JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as collateral agent for the Credit Agreement Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Credit Agreement Collateral Agent”), JPMorgan, as First Lien Administrative Agent and Authorized Representative for the Credit Agreement Secured Parties (as each such term is defined below), JPMorgan, as collateral agent for the Initial Additional First Lien Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Initial Additional First Lien Collateral Agent”), JPMorgan, as Authorized Representative for th

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PARI PASSU INTERCREDITOR AGREEMENT dated as of February 20, 2024 among JPMORGAN CHASE BANK, N.A., as Initial First Lien Representative and Initial First Lien Collateral Agent, COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION, as the Initial Other...
Passu Intercreditor Agreement • February 26th, 2024 • Post Holdings, Inc. • Grain mill products • New York

This PARI PASSU INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) dated as of February 20, 2024, among JPMORGAN CHASE BANK, N.A., as administrative agent for the Initial Credit Agreement Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Initial First Lien Representative”) and as collateral agent for the Initial Credit Agreement Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Initial First Lien Collateral Agent”), COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION (“Computershare”), as Representative for the Initial Other First Lien Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Initial Other Representative”) and as collateral agent for the Initial Other First Lien Claimholders (in such capacity and together with its successors fro

PULITZER PARI PASSU INTERCREDITOR AGREEMENT
Passu Intercreditor Agreement • July 1st, 2015 • Lee Enterprises, Inc • Newspapers: publishing or publishing & printing • New York

THIS PULITZER PARI PASSU INTERCREDITOR AGREEMENT dated as of June 25, 2015 (this “Agreement”), among LEE ENTERPRISES, INCORPORATED, a Delaware corporation (the “Borrower”), PULITZER INC., a Delaware corporation (“Pulitzer”), each of Pulitzer’s direct or indirect subsidiaries party hereto (together with Pulitzer, the “Pulitzer Entities” or the “Grantors”), JPMORGAN CHASE BANK, N.A., as administrative agent with respect to the Revolving Credit Facility (together with its successors and assigns, in such capacity, the “Revolving Agent”) and as collateral agent for the Revolving Secured Parties (together with its successors and assigns, in such capacity, the “Revolving Collateral Agent”), JPMORGAN CHASE BANK, N.A., as administrative agent with respect to the Term Loan Facility (together with its successors and assigns, in such capacity, the “Term Loan Agent”) and as collateral agent for the Term Loan Secured Parties (together with its successors and assigns, in such capacity, the “Term Loan

FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT dated as of August 5, 2022 among BANK OF AMERICA, N.A., as Revolving Agent, FIERA PRIVATE DEBT FUND IV LP and FIERA PRIVATE DEBT FUND V LP, as the FPD Lenders and acknowledged and agreed to by RADIANT...
Passu Intercreditor Agreement • August 11th, 2022 • Radiant Logistics, Inc • Arrangement of transportation of freight & cargo • New York

This FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT (this “Agreement”) dated as of August 5, 2022, among BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Revolving Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Revolving Agent”), FIERA PRIVATE DEBT FUND IV LP (“FPD IV”) and FIERA PRIVATE DEBT FUND V LP (“FPD V”), each in its capacity as lender under the applicable Term Loan Documents (collectively, and together with their respective successors and assigns in such capacity, the “FPD Lenders”), and acknowledged and agreed to by RADIANT LOGISTICS INC., a Delaware corporation (the “Company”) and the other Grantors. Capitalized terms used in this Agreement have the meanings assigned to them in Article 1 below.

FIFTH AMENDMENT AND WAIVER TO CREDIT AGREEMENT DATED AS OF AUGUST 12, 2016 AMONG CALIFORNIA RESOURCES CORPORATION, AS THE BORROWER, JPMORGAN CHASE BANK, N.A., AS ADMINISTRATIVE AGENT, SWINGLINE LENDER AND A LETTER OF CREDIT ISSUER, BANK OF AMERICA,...
Passu Intercreditor Agreement • August 18th, 2016 • California Resources Corp • Crude petroleum & natural gas • New York

This Fifth Amendment and Waiver to the Credit Agreement (this “Amendment”) dated as of August 12, 2016, is among California Resources Corporation, a Delaware corporation (the “Borrower”), each of the undersigned Guarantors, each Lender (as defined below) party hereto, and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent”).

INDENTURE Dated as of September 20, 2013 Among BUILDING MATERIALS HOLDING CORPORATION, THE GUARANTORS NAMED ON THE SIGNATURE PAGES HERETO and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee and Notes Collateral Agent 9.0% SENIOR SECURED NOTES DUE 2018
Passu Intercreditor Agreement • December 7th, 2015 • BMC Stock Holdings, Inc. • Retail-lumber & other building materials dealers • New York

INDENTURE, dated as of September 20, 2013, among Building Materials Holding Corporation, a Delaware corporation (the “Issuer”), the Guarantors (as defined herein) listed on the signature pages hereto and Wilmington Trust, National Association, a national banking association, as Trustee and Notes Collateral Agent.

Contract
Passu Intercreditor Agreement • February 24th, 2021 • Tenneco Inc • Motor vehicle parts & accessories • New York

JOINDER NO. 3 dated as of November 30, 2020 (the “Joinder Agreement”) to the PARI PASSU INTERCREDITOR AGREEMENT dated as of March 30, 2017 (as amended, supplemented or otherwise modified from time to time, the “Intercreditor Agreement”), among Wilmington Trust, National Association, as Collateral Trustee under the Collateral Trust Agreement (as successor to Bank of America, N.A., which was successor to Citibank, N.A.) (in such capacity and together with its successors, the “Collateral Trustee”), Wilmington Trust, National Association, as Initial Other Authorized Representative, The Bank of New York Mellon, London Branch, as an Authorized Representative, JPMorgan Chase Bank, N.A., as an Authorized Representative, the additional Authorized Representatives from time to time a party thereto and the other parties from time to time a party thereto.

CPI CG Inc., as the Issuer, THE GUARANTORS PARTY HERETO FROM TIME TO TIME, and U.S. BANK NATIONAL ASSOCIATION, as Trustee and Notes Collateral Agent 8.625% Senior Secured Notes due 2026 INDENTURE Dated as of March 15, 2021
Passu Intercreditor Agreement • March 16th, 2021 • CPI Card Group Inc. • Short-term business credit institutions • New York

INDENTURE dated as of March 15, 2021, by and between CPI CG INC. (the “Issuer”), CPI CARD GROUP, INC. a Delaware corporation (“Holdings”), the other GUARANTORS party hereto from time to time and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Trustee”) and as notes collateral agent (in such capacity, the “Notes Collateral Agent”).

FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT dated as of August 19, 2022 among ALTER DOMUS PRODUCTS CORP., Exchange Credit Facility Agent for the Exchange Credit Facility Secured Parties, ALTER DOMUS PRODUCTS CORP., as Existing Credit Facility Agent...
Passu Intercreditor Agreement • August 25th, 2022 • Geo Group Inc • Real estate investment trusts • New York

This FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of August 19, 2022, among Alter Domus Products Corp., as Representative for the Exchange Credit Facility Secured Parties (in such capacity and together with its successors in such capacity, the “Exchange Credit Facility Agent”), Alter Domus Products Corp., as Representative for the Existing Credit Agreement Secured Parties (in such capacity and together with its successors in such capacity, the “Existing Credit Facility Agent” and each Additional Senior Representative that from time to time becomes a party hereto, and acknowledged and agreed to by The GEO Group, Inc., a Florida corporation (“GEO”), GEO Corrections Holdings, Inc., a Florida corporation (“Corrections” and, with GEO, each a “Borrower” and collectively the “Borrowers”), and the other Grantors (as defined below). Capitalized terms used in this Agree

FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT dated as of November 22, 2021 among JPMORGAN CHASE BANK, N.A., as the Initial FRG Representative and the Initial FRG Collateral Agent, JPMORGAN CHASE BANK, N.A., as the BDK Representative and the BDK...
Passu Intercreditor Agreement • November 24th, 2021 • Franchise Group, Inc. • Patent owners & lessors • New York

This FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), is dated as of November 22, 2021, among JPMORGAN CHASE BANK, N.A., as administrative agent for the Initial FRG Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Initial FRG Representative”), and as collateral agent for the Initial FRG Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Initial FRG Collateral Agent”), JPMORGAN CHASE BANK, N.A., as Representative for the BDK Claimholders (in such capacity and together with its successors from time to time in such capacity, the “BDK Representative”), and as collateral agent for the BDK Claimholders (in such capacity and together with its successors from time to time in such capacity, the “BDK Collateral Agent”), and each additional Representative and Collateral Agent

PARI PASSU INTERCREDITOR AGREEMENT dated as of September 28, 2012 among JPMORGAN CHASE BANK, N.A. as Administrative Agent for the Credit Agreement Secured Parties, Wilmington Trust, National Association, as the 2020 Notes Collateral Agent, Wilmington...
Passu Intercreditor Agreement • October 1st, 2012 • CNO Financial Group, Inc. • Accident & health insurance • New York

Reference is made to (i) the Credit Agreement dated as of September 28, 2012 (as amended, restated, amended and restated, replaced, refinanced, supplemented or otherwise modified from time to time, the “Credit Agreement”), among CNO Financial Group, Inc., a Delaware corporation (the “Borrower”), the Lenders party thereto from time to time, the Administrative Agent and the other parties named therein; (ii) the Guarantee and Security Agreement dated as of September 28, 2012 (as amended, restated, amended and restated, replaced, refinanced, supplemented or otherwise modified from time to time, the “Security Agreement”), among the Borrower, each Subsidiary of the Borrower party thereto from time to time and the Administrative Agent; (iii) the 6.375% Senior Secured Notes due 2020 (as amended, restated, amended and restated, replaced, refinanced, supplemented or otherwise modified from time to time, the “2020 Notes”) issued pursuant to an Indenture (as amended, restated, amended and restated

FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT
Passu Intercreditor Agreement • March 21st, 2023 • Ritchie Bros Auctioneers Inc • Services-business services, nec • New York

This FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT, dated as of March 20, 2023 among Bank of America, N.A., as administrative agent for the Credit Agreement Secured Parties (in such capacity and together with its successors and assigns from time in such capacity, and together with any Replacement Representative or Replacement Collateral Agent, as applicable, the “Credit Agreement Agent”), U.S. Bank Trust Company, National Association (“U.S. Bank”), as 2028 Notes Trustee (as defined below) and as collateral agent for the 2028 Notes Secured Parties (in such capacity and together with its successors and assigns from time to time in such capacity, the “2028 Notes Agent”), and each additional Representative and Collateral Agent from time to time party hereto for the Other First Lien Secured Parties of the Series with respect to which it is acting in such capacity, and acknowledged and agreed to by Ritchie Bros. Auctioneers Incorporated, a Canadian corporation (the “Company”) and the other G

SECOND LIEN PARI PASSU INTERCREDITOR AGREEMENT dated as of November 22, 2021 among ALTER DOMUS (US) LLC, as the Initial FRG Representative and the Initial FRG Collateral Agent, ALTER DOMUS (US) LLC, as the BDK Representative and the BDK Collateral...
Passu Intercreditor Agreement • November 24th, 2021 • Franchise Group, Inc. • Patent owners & lessors • New York

This SECOND LIEN PARI PASSU INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), is dated as of November 22, 2021, among ALTER DOMUS (US) LLC, as administrative agent for the Initial FRG Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Initial FRG Representative”), and as collateral agent for the Initial FRG Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Initial FRG Collateral Agent”), ALTER DOMUS (US) LLC, as Representative for the BDK Claimholders (in such capacity and together with its successors from time to time in such capacity, the “BDK Representative”), and as collateral agent for the BDK Claimholders (in such capacity and together with its successors from time to time in such capacity, the “BDK Collateral Agent”), and each additional Representative and Collateral Agent from tim

PARI PASSU INTERCREDITOR AGREEMENT
Passu Intercreditor Agreement • February 23rd, 2016 • ESH Hospitality, Inc. • Hotels & motels • New York

PARI PASSU INTERCREDITOR AGREEMENT dated as of June 23, 2014, (this “Agreement”), among ESH HOSPITALITY, INC., a Delaware corporation (the “Borrower”), each of the other Grantors, JPMORGAN CHASE BANK, N.A. (“JPM”), as administrative agent under the Revolving Credit Agreement (together with its successors and assigns, in such capacity, the “Revolving Agent”), GOLDMAN SACHS BANK USA, as administrative agent under the Term Loan Agreement (together with its successors and assigns, in such capacity, the “Term Loan Agent”), and each ADDITIONAL AGENT from time to time party hereto as administrative agent and/or collateral agent for any Additional Pari Passu Lien Obligations of any other Class.

ABERCROMBIE & FITCH MANAGEMENT CO., as Company ABERCROMBIE & FITCH CO., as Parent and the other Guarantors party hereto from time to time $350,000,000 8.75% Senior Secured Notes due 2025 INDENTURE Dated as of July 2, 2020 and U.S. Bank National...
Passu Intercreditor Agreement • July 9th, 2020 • Abercrombie & Fitch Co /De/ • Retail-family clothing stores • New York

INDENTURE, dated as of July 2, 2020, among ABERCROMBIE & FITCH MANAGEMENT CO., a Delaware corporation (together with its successors and assigns, the “Company”), Abercrombie & Fitch Co., a Delaware corporation (together with its successors and assigns, the “Parent”), the other Guarantors party hereto from time to time and U.S. Bank National Association, a national banking association, as Trustee (in such capacity, together with its successor and assigns in such capacity, the “Trustee”), Registrar, Paying Agent and as collateral agent (in such capacity, together with its successors and assigns in such capacity, the “Notes Collateral Agent”).

INDENTURE Dated as of May 29, 2020 Among United States Steel Corporation, THE GUARANTORS from time to time PArty HERETO and U.S. Bank National Association, as Trustee and Notes Collateral Agent 12.000% SENIOR SECURED NOTES DUE 2025
Passu Intercreditor Agreement • May 29th, 2020 • United States Steel Corp • Steel works, blast furnaces & rolling mills (coke ovens) • New York

INDENTURE, dated as of May 29, 2020, among United States Steel Corporation, a Delaware corporation (the “Company”), the Guarantors (as defined herein) listed on the signature pages hereto and U.S. Bank National Association, as Trustee and Notes Collateral Agent.

AMENDMENT NO. 1 dated as of February 8, 2019 (this “Amendment”), among ENTEGRIS, INC., a Delaware corporation (the “Borrower”), the LENDERS party hereto and GOLDMAN SACHS BANK USA, as Administrative Agent.
Passu Intercreditor Agreement • February 13th, 2019 • Entegris Inc • Plastics products, nec • New York

Any increase or decrease in the Applicable Rate for Revolving Loans resulting from a change in the Secured Net Leverage Ratio shall become effective as of the first Business Day following the date the financial statements and the related Compliance Certificate are delivered to the Administrative Agent pursuant to Section 5.1(a) or 5.1(b) and Section 5.1(d); provided that (a) if the Borrower has not delivered to the Administrative Agent any financial statements or Compliance Certificate required to have been delivered pursuant to Section 5.1(a), 5.1(b) or 5.1(d), from and after the date such financial statements or Compliance Certificate were required to have been so delivered the Applicable Rate for Revolving Loans shall be determined by reference to Pricing Level 3 in the table above and shall continue to so apply to and including the first Business Day following the date such financial statements and related Compliance Certificate are so delivered (and thereafter the pricing level ot

PARI PASSU INTERCREDITOR AGREEMENT among CARDTRONICS PLC, and CARDTRONICS USA, INC., the other Grantors party thereto, JPMORGAN CHASE BANK, N.A.,
Passu Intercreditor Agreement • August 6th, 2020 • Cardtronics PLC • Services-business services, nec • New York

PARI PASSU INTERCREDITOR AGREEMENT dated as of June 29, 2020 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), among CARDTRONICS PLC, an English public limited company (the “Parent”), CARDTRONICS USA, INC., a Delaware corporation (the “Borrower” and, together with Parent and certain other borrowers under the Credit Agreement, the “Borrowers”), the other Grantors (as defined below) party hereto, JPMORGAN CHASE BANK, N.A., as collateral agent for the Credit Agreement Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Credit Agreement Collateral Agent”), JPMORGAN CHASE BANK, N.A., as collateral agent for the Term Loan Agreement Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Term Loan Facility Collateral Agent”), and each Additional Agent from time to time party hereto for the Additional First Lien Secured Parties of the Series with res

FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT dated as of February 11, 2021 among Barclays Bank PLC, as Initial First Lien Representative and Initial First Lien Collateral Agent, GLAS Trust Company LLC, as the Initial Other Representative, GLAS Trust...
Passu Intercreditor Agreement • May 5th, 2021 • Turning Point Brands, Inc. • Tobacco products • New York

This FIRST LIEN PARI PASSU INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) dated as of February 11, 2021, among Barclays Bank PLC, as administrative agent for the Initial Credit Agreement Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Initial First Lien Representative”) and as collateral agent for the Initial Credit Agreement Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Initial First Lien Collateral Agent”), GLAS Trust Company LLC, as Representative for the Initial Other First Lien Claimholders (in such capacity and together with its successors from time to time in such capacity, the “Initial Other Representative”), GLAS Trust Company LLC, a limited liability company organized and existing under the laws of the State of New Hampshire, as collateral agent for the Initial Other Fi

PARI PASSU INTERCREDITOR AGREEMENT among BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, the other Grantors party hereto, JPMORGAN CHASE BANK, N.A., as Credit Agreement Collateral Agent for the Credit Agreement Secured Parties JPMORGAN CHASE BANK,...
Passu Intercreditor Agreement • April 16th, 2020 • Burlington Stores, Inc. • Retail-department stores • New York

PARI PASSU INTERCREDITOR AGREEMENT, dated as of April 16, 2020 (as amended, restated, supplemented and/or otherwise modified from time to time, this “Agree­ment”), among BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, a Florida corporation (the “Company”), the other Grantors (as defined below) from time to time party hereto, JPMORGAN CHASE BANK, N.A., (“JPMCB”), as collateral agent for the Credit Agreement Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Credit Agreement Collateral Agent”), JPMCB, as Authorized Representative for the Credit Agreement Secured Parties (as each such term is defined below), WILMINGTON TRUST, NATIONAL ASSOCIATION (“Wilmington Trust”), as collateral agent for the Additional Pari Passu Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Additional Pari Passu Collateral Agent”), WILMINGTON TRUST, as Trustee (as defined below) for the Initial Addi

CREDIT AGREEMENT DATED AS OF AUGUST 12, 2016 AMONG CALIFORNIA RESOURCES CORPORATION, AS THE BORROWER, THE SEVERAL LENDERS FROM TIME TO TIME PARTIES HERETO, GOLDMAN SACHS BANK USA, AS LEAD ARRANGER AND BOOKRUNNER, AND THE BANK OF NEW YORK MELLON TRUST...
Passu Intercreditor Agreement • August 17th, 2016 • California Resources Corp • Crude petroleum & natural gas • New York

CREDIT AGREEMENT, dated as of August 12, 2016, among CALIFORNIA RESOURCES CORPORATION, a Delaware corporation (the “Borrower”), the banks, financial institutions and other lending institutions from time to time parties as lenders hereto (each a “Lender” and, collectively, the “Lenders”), GOLDMAN SACHS BANK USA, as Lead Arranger and Bookrunner, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., not in its individual capacity, but as Administrative Agent and Collateral Agent.

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Passu Intercreditor Agreement • October 1st, 2018 • Tenneco Inc • Motor vehicle parts & accessories • New York

JOINDER NO. 2 dated as of October 1, 2018 (the “Joinder Agreement”) to the PARI PASSU INTERCREDITOR AGREEMENT dated as of March 30, 2017, (the “Intercreditor Agreement”), among Wilmington Trust, National Association, as Collateral Trustee under the Collateral Trust Agreement (as successor to Bank of America, N.A., which was successor to Citibank, N.A.) (in such capacity and together with its successor, the “Collateral Trustee”), Wilmington Trust, National Association, as Initial Other Authorized Representative, The Bank of New York Mellon, London Branch, as an Authorized Representative, the additional Authorized Representatives from time to time a party thereto and the other parties from time to time a party thereto.

PARI PASSU INTERCREDITOR AGREEMENT dated as of April 16, 2014 among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Term Loan Collateral Agent, U.S. BANK NATIONAL ASSOCIATION as Notes Collateral Agent, and each Additional Pari Passu Collateral Agent from...
Passu Intercreditor Agreement • February 28th, 2017 • FTS International, Inc. • Oil & gas field services, nec • New York

PARI PASSU INTERCREDITOR AGREEMENT (as amended, restated, modified or supplemented from time to time, this “Agreement”) dated as of April 16, 2014, among WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent for the Term Loan Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Term Loan Collateral Agent”), U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Notes Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Notes Collateral Agent”), each Additional Pari Passu Collateral Agent (as defined below) from time to time party hereto for the Additional Pari Passu Secured Parties (as defined below) of the Series (as defined below) with respect to which it is acting in such capacity, each of the Grantors (as defined below) and each Additional Grantor (as defined below).

PARI PASSU INTERCREDITOR AGREEMENT dated as of May 24, 2012 among CITIBANK, N.A., as Second Lien Agent, CITIBANK, N.A., as Authorized Representative for the Term Loan Agreement, WILMINGTON TRUST, NATIONAL ASSOCIATION, as the Initial Other Authorized...
Passu Intercreditor Agreement • September 11th, 2012 • MBOW Four Star, L.L.C. • New York

This PARI PASSU INTERCREDITOR AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is dated as of May 24, 2012, among CITIBANK, N.A. (“Citi”), as collateral agent for the Second Lien Secured Parties (in such capacity and together with its successors in such capacity, the “Second Lien Agent”), CITIBANK, N.A., as Authorized Representative for the Term Loan Secured Parties (in such capacity and together with its successors in such capacity, the “Administrative Agent”), WILMINGTON TRUST, NATIONAL ASSOCIATION, as Authorized Representative for the Initial Other Second Lien Secured Parties (in such capacity and together with its successors in such capacity, the “Initial Other Authorized Representative”), and each additional Authorized Representative from time to time party hereto for the Other Second Lien Secured Parties of the Series with respect to which it is acting in such capacity. Capitalized terms used but defined in the preamble have

Dated as of August 13, 2010 12.00% Senior Secured Notes due 2018
Passu Intercreditor Agreement • March 11th, 2011 • Diamond Resorts Parent, LLC • New York

INDENTURE dated as of August 13, 2010, among DIAMOND RESORTS CORPORATION, a Maryland corporation (the “Issuer”), DIAMOND RESORTS PARENT, LLC, a Nevada limited liability company (the “Company”), DIAMOND RESORTS HOLDINGS, LLC, a Nevada limited liability company (“Intermediate Holdco”), the SUBSIDIARY GUARANTORS (as defined below) listed on the signature pages hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as collateral agent.

INDENTURE Dated as of June 23, 2017 Among OPPENHEIMER HOLDINGS INC., THE SUBSIDIARY GUARANTORS NAMED ON THE SIGNATURE PAGES HERETO, THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as...
Passu Intercreditor Agreement • June 23rd, 2017 • Oppenheimer Holdings Inc • Security brokers, dealers & flotation companies • New York

INDENTURE, dated as of June 23, 2017, among Oppenheimer Holdings Inc., a Delaware corporation (the “Company”), the Subsidiary Guarantors (as defined herein) listed on the signature pages hereto and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee and as Collateral Agent.

PARI PASSU INTERCREDITOR AGREEMENT dated as of March 30, 2017 Among CREDIT SUISSE AG, as Tranche C Term Administrative Agent for the applicable PP&E Credit Agreement Secured Parties CITIBANK, N.A., as Collateral Trustee WILMINGTON TRUST, NATIONAL...
Passu Intercreditor Agreement • October 1st, 2018 • Tenneco Inc • Motor vehicle parts & accessories • New York

PARI PASSU INTERCREDITOR AGREEMENT (as amended, restated, modified or supplemented from time to time, this “Agreement”) dated as of March, 30 2017, among Credit Suisse AG, as term administrative agent under the tranche C term loan facility under the Credit Agreement referred to below (in such capacity and together with its successors, the “Tranche C Term Administrative Agent”), Citibank, N.A., as collateral trustee under the Collateral Trust Agreement referred to below (in such capacity and together with its successor, the “Collateral Trustee”) and Wilmington Trust, National Association, in its capacity as trustee under the Indenture (as defined below), as Authorized Representative for the Initial Other First Lien Secured Parties (in such capacity and together with its successors in such capacity, the “Initial Other Authorized Representative”) and each additional Authorized Representative from time to time party hereto for the Other First Lien Secured Parties of the Series with respect

BMC STOCK HOLDINGS, INC., as Parent Guarantor BMC EAST, LLC, as Issuer the GUARANTORS party hereto from time to time AND WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee and Notes Collateral Agent 5.50% Senior Secured Notes due 2024 INDENTURE Dated...
Passu Intercreditor Agreement • September 16th, 2016 • BMC Stock Holdings, Inc. • Retail-lumber & other building materials dealers • Georgia

INDENTURE dated as of September 15, 2016, among BMC STOCK HOLDINGS, INC. (the “Parent Guarantor”), BMC EAST, LLC (the “Issuer”), the other Guarantors party hereto from time to time and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”) and collateral agent (the “Notes Collateral Agent”).

PARI PASSU INTERCREDITOR AGREEMENT dated as of May 28, 2020 among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Revolving Credit Facility Collateral Agent,
Passu Intercreditor Agreement • June 2nd, 2020 • Summit Midstream Partners, LP • Natural gas transmission • New York

PARI PASSU INTERCREDITOR AGREEMENT (as amended, restated, modified or supplemented from time to time, this “Agreement”) dated as of May 28, 2020, among WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent for the Revolving Credit Facility Secured Parties (as defined below) (in such capacity and together with its successors and permitted assigns in such capacity, the “Revolving Credit Facility Collateral Agent”), Mizuho Bank (USA), as collateral agent for the NewCo Term Loan Secured Parties (as defined below) (in such capacity and together with its successors and permitted assigns in such capacity, the “NewCo Term Loan Collateral Agent”), Mizuho Bank (USA), as collateral agent for the SMLP Holdings Term Loan Secured Parties (as defined below) (in such capacity and together with its successors and permitted assigns in such capacity, the “SMLP Holdings Term Loan Collateral Agent”), and each of the Grantors (as defined below) from time to time party hereto.

PARI PASSU INTERCREDITOR AGREEMENT dated as of December 21, 2010 among MORGAN STANLEY SENIOR FUNDING, INC. as Administrative Agent for the Credit Agreement Secured Parties, Wilmington Trust FSB, as the 2018 Notes Collateral Agent, Wilmington Trust...
Passu Intercreditor Agreement • December 22nd, 2010 • CNO Financial Group, Inc. • Accident & health insurance • New York

Reference is made to (i) the Credit Agreement dated as of December 21, 2010 (as amended, restated, supplemented, waived or otherwise modified from time to time, the “Credit Agreement”), among CNO Financial Group, Inc., a Delaware corporation (the “Borrower” or the “Company”), the Lenders party thereto from time to time, the Administrative Agent and the other parties named therein; (ii) the Guarantee and Security Agreement dated as of December 21, 2010 (as amended, restated, supplemented, waived or otherwise modified from time to time, the “Security Agreement”), among the Borrower, each Subsidiary of the Borrower party thereto from time to time and the Administrative Agent; (iii) the 9.00% Senior Secured Notes due 2018 (as amended, restated, supplemented, waived or otherwise modified from time to time, the “2018 Notes”) issued pursuant to an Indenture (as amended, restated, supplemented, waived or otherwise modified from time to time, the “2018 Notes Indenture”) dated as of December 21,

PARI PASSU INTERCREDITOR AGREEMENT among CITIBANK, N.A., as Administrative Agent and Collateral Agent for the Credit Agreement Secured Parties and CITIBANK, N.A., as Administrative Agent and Collateral Agent for the Bridge Facility Secured Parties and...
Passu Intercreditor Agreement • April 30th, 2020 • Dana Inc • Motor vehicle parts & accessories • New York

This PARI PASSU INTERCREDITOR AGREEMENT, dated as of April 16, 2020 (as amended, restated, amended and restated, extended, supplemented or otherwise modified from time to time, this “Agreement”), Citibank, N.A., as collateral agent for the Credit Agreement Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Credit Agreement Collateral Agent”), Citibank, N.A., as Administrative Agent and as Authorized Representative for the Credit Agreement Secured Parties (as each such term is defined below), Citibank, N.A., as collateral agent for the Bridge Facility Secured Parties (as defined below) (in such capacity and together with its successors in such capacity, the “Bridge Facility Collateral Agent”) and solely in its capacity as Bridge Facility Collateral Agent (the “Initial Additional Collateral Agent”), Citibank, N.A., as Authorized Representative for the Bridge Facility Secured Parties (as each such term is defined below) and each ad

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