Existing Intercreditor Agreement Clause Samples

Existing Intercreditor Agreement. Until the Refinancing shall have occurred, (a) the Existing Intercreditor Agreement is and shall remain in full force and effect in favor of and for the benefit of the Agents (and the other Secured Parties), (b) the Secured Obligations are “First Lien Debt” under the Existing Intercreditor Agreement, the Agents are the “First Lien Agent” under the Existing Intercreditor Agreement, and (c) Liens granted in favor of the Collateral Agent in Collateral, whether or not perfected and whether acquired by grant, statute, operation of law, subrogation or otherwise, are senior in right, priority, operation, effect and in all other respects to any Lien on “Second Lien Collateral (as defined in the Existing Intercreditor Agreement).

Existing Intercreditor Agreement. With respect to the Pre-Petition Second Lien Noteholders, the Pre-Petition Second Lien Notes Trustee and the Pre-Petition Second Lien Collateral Agent (the “Second Lien Parties”), the First Lien Obligations (as defined in the Existing Intercreditor Agreement) shall be deemed to have been Paid in Full (as defined in the Existing Intercreditor Agreement) for purposes of the Existing Intercreditor Agreement; provided, that for the avoidance of doubt, nothing herein shall limit the effectiveness of Section 5.05

Existing Intercreditor Agreement. The Parties hereby acknowledge and confirm that by their execution of, or accession to, this Agreement, all rights powers, obligations and undertakings under the intercreditor agreement dated 20 December 2017 and made between, amongst others, the Parent, the Company, the Senior Facility Agent, the Security Agent and the Original Debtors (each as defined therein) shall be terminated.

Existing Intercreditor Agreement. With effect from and including the Refinancing Date the parties to this Agreement agree that the intercreditor agreement dated 6th August, 2003 between, inter alios, Valentia Telecommunications and Deutsche Bank AG London as Senior Agent and Security Agent (as such terms are defined therein) will be cancelled and be of no further force and effect.

Existing Intercreditor Agreement. Nothing herein is intended to, and shall not, amend or modify the terms of the Existing Intercreditor Agreement or the rights and obligations of GMAC CF and UPS, as between such parties, under the Existing Intercreditor Agreement.

Existing Intercreditor Agreement. 7 ARTICLE XIV MISCELLANEOUS......................................................................................7

Existing Intercreditor Agreement. The Existing Intercreditor Agreement shall remain in full force and effect, with such technical amendments thereto having been made as DBNY may request pursuant to clause (x) of the proviso to Section 8.3 thereof. Without limiting the foregoing, DBNY shall be satisfied that (after giving effect to the Transaction) the Existing Intercreditor Agreement is (and remains) in full force and effect, no “Discharge of First-Lien Credit Agreement Obligations” (as defined therein) shall have occurred, this Agreement shall constitute a “First-Lien Credit Agreement” (as defined therein), a “First-Lien Credit Document” (as defined therein) and the obligations shall constitute “First-Lien Obligations” (as defined therein); with the foregoing being covered to the satisfaction of DBNY by a legal opinion from outside counsel to Exide U.S.

Existing Intercreditor Agreement. This Agreement amends and restates, in its entirety, the Existing Intercreditor Agreement, and any reference to the Existing Intercreditor Agreement in any instrument, document, or agreement related to, or issued in connection with, the Advance Debt, the Additional and Supplemental Debt, the Trust Debt, or the Herrick Debt, shall mean this Amended and Restated Intercreditor Agr▇▇▇▇▇▇.

Existing Intercreditor Agreement. Each party hereto agrees that this Agreement shall succeed and replace the Existing Intercreditor Agreement.