Common use of Intercreditor Matters Clause in Contracts

Intercreditor Matters. The lien priority, relative rights and other creditors’ rights issues in respect of the First Lien Notes, the Second Lien Facility and the ABL Credit Facility will be set forth in (i) that certain Intercreditor Agreement, dated as of December 7, 2020, by and between W▇▇▇▇ Fargo Bank, National Association, as ABL Agent and Alter Domus (US) LLC as Term Loan Agent, and (ii) an intercreditor agreement governing the lien priority as among the First Lien Holders and Second Lien Lenders with respect to the Collateral (the “1L/2L Intercreditor Agreement”), which will (A) be negotiated in good faith and (B) contain terms consistent with the Summary of Certain 1L/2L Intercreditor Agreement Terms attached hereto as Annex I and, subject to the foregoing clauses (A) and (B), will otherwise be based on the form of Exhibit M of the Existing Credit Agreement, taking into account and modified as appropriate to reflect differences between the context of the transaction in which such Exhibit M was prepared and the Debt Exchange.

Appears in 2 contracts

Sources: Exchange Agreement (Lannett Co Inc), Exchange Agreement (Lannett Co Inc)