Abl Intercreditor Agreement

A Formal Agreement between Sovereign States
enero 21, 2022
Addendum Form for Taxes
enero 22, 2022

11.2Continuity of Provisions. This Agreement shall remain in force and may not be revoked by any Party until the date of payment of the first priority obligations and the date of payment of the second priority obligations relating to any type of common guarantee have taken place. This is an ongoing agreement, and first priority secured parties and second priority secured parties may, at any time and without notice to the other parties, continue to provide loans and other financial arrangements, lend funds and grant commitments to a grantor in faith or in their favour. «replacement loan agreement» means any alternative loan agreement or arrangement entered into by the licensors (or any of them) for the purpose of refinancing, in whole or in part, the outstanding debt under a loan agreement existing at that time; provided that (a) the emergence of such debt and the privileges securing such debt are authorized by (i) the ABL Loan Documents and LC Loan Documents, (ii) other term Loan Documents then existing, and (iii) this Agreement (including, but not limited to, Section 6.2), (b) the Borrower has designated the representative of the Holders of the Debt as a «Term Loan Agent» under this replacement loan agreement, by sending a corresponding letter to the following address. the ABL Agent and the LC Agent, (c) the provisions of Section 6.2(b) of this Contract must have been complied with and (d) the Borrower must have issued the ABL Agent and the LC Agent with an Agent Certificate attesting that the above conditions have been met. refer to any agreement under which privileges have been granted to secure obligations under the replacement ABL credit agreement, in any event, such as such agreement may be modified, supplemented or otherwise modified in accordance with the terms of this agreement. All rights, agreements and obligations of the first priority representative and the first priority secured parties, as well as the second priority representative and the second priority secured parties, each with respect to each type of joint guarantee, and of the grantor under this Agreement, if any, shall remain in full force and effect, regardless of: «Mortgage» means any mortgage, trust deed, lease pharmacy, assignment of leases and rents, modifications and any other agreement, document or instrument under which a lien on real estate is granted to secure secured obligations or under which the rights or remedies relating to such lien are governed. in accordance with the first priority documents, such possession or control shall also benefit the second priority representative and other second priority secured parties, but exclusively as guarantor or free representative, to the extent applicable, to the extent necessary to complete their security in such joint guarantees (such deposit or body is intended, among others: to comply with the requirements of Articles 8-106(d)(3), 8-301(a)(2), 9-313(c) and 9-314 of the Uniform Commercial Code). Indebtedness under a substitute loan agreement such as «the ABL Agent» by delivering this letter to the Term Loan Agent and the LC Agent, (iii) the provisions of Section 6.2(a) of this Agreement must have been complied with and (iv) the Borrower must have provided the Term Loan Agent and the LC Agent with a certificate from the Agent attesting that: that the above conditions are met. .

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