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DOCUMENT TITLE:
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT
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ACTIONS:
Here are the clause headings in the document. To view the clause, click the clause heading.To view the full document, click the "View Document" button.
Clause Heading
Section 2.1 - Pro Rata Treatment.
Section 2.2 - Application of Collateral Proceeds.
Section 2.3 - Proceeds Received Directly by a Joined Secured Party.
Section 2.4 - Incorrect Distribution.
Section 2.5 - Return of Proceeds.
Section 2.6 - Possession of Collateral.
Section 2.7 - Non-Cash Proceeds.
Section 3.1 - Cooperation.
Section 3.2 - Parties Having Other Relationships.
Section 3.3 - Modification to Financing Documents.
Section 4.1 - Obligations Unimpaired.
Section 5.1 - Appointment and Authority of the Collateral Agent.
Section 5.2 - Actions of the Collateral Agent Requiring Consent; Amendment to Collateral Documents.
Section 5.3 - Non-Reliance on the Collateral Agent and Other Joined Secured Parties.
Section 5.4 - The Collateral Agent and Affiliates.
Section 5.5 - Action by the Collateral Agent.
(a) - Defaults; Events of Default.
(b) - Perfecting Security Interests.
Section 5.6 - Consultation with Experts.
Section 5.7 - Liability of the Collateral Agent.
(a) - Indemnity.
(b) - Defense of Claims.
Section 5.9 - Resignation or Removal of the Collateral Agent.
Section 5.10 - Appointment of Co-Agents.
Section 5.11 - Compensation of the Collateral Agent; Expenses.
Section 5.12 - Release of Collateral.
Section 5.13 - Emergency Actions.
Section 5.14 - Interpleader; Declaratory Judgment.
Section 5.15 - Operation of the Collateral Account.
Section 5.16 - Account Holder Verification.
Section 6.1 - Waivers of Rights.
Section 6.2 - Permitted Action by the Joined Secured Parties.
Section 6.3 - Right to Instruct the Collateral Agent.
Section 6.4 - Permitted Exercise of other Rights.
Section 7.1 - Assignees.
Section 7.2 - Additional Joined Secured Parties.
Section 8.1 - Indemnification.
Section 8.2 - Expenses.
Section 8.3 - No Partnership or Joint Venture.
Section 8.4 - Notices.
Section 8.5 - Entire Agreement; Amendments and Waivers.
Section 8.6 - Payments.
Section 8.7 - Counterparts; Effectiveness.
Section 8.8 - No Waiver; Cumulative Remedies.
Section 8.9 - Term.
Section 8.10 - Governing Law.
Section 8.11 - Limitation of Liability.
Section 8.12 - Severability.
Section 8.13 - Headings.
Section 8.14 - Construction.
Section 8.15 - Submission to Jurisdiction; Service of Process.
Section 8.16 - Waiver of Jury Trial.
Section 8.17 - Enforceability and Continuing Priority.
Section 8.18 - Further Assurances; Collateral Agent Appointed Attorney-in-Fact.