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Intercreditor Agreement. The Intercreditor Agreement shall be invalidated or otherwise cease to constitute the legal, valid and binding obligations of the ABL Representation and ABL Secured Parties (as each such term is defined therein), enforceable in accordance with its terms, or the ABL Representative shall deny or contest the validity or enforceability of the Intercreditor Agreement (in each case, to the extent that any ABL Obligations (as defined in the Intercreditor Agreement) remain outstanding); or

Intercreditor Agreement. At the Closing, , Aegis, and will execute the Amended and Restated Intercreditor Agreement in the form annexed hereto as [Appendix D] (the “A&R Intercreditor Agreement”).

Intercreditor Agreement. Notwithstanding anything set forth in this Agreement to the contrary, the parties expressly acknowledge and agree that the Notes and the Obligations are subject to that certain Amended and Restated Intercreditor Agreement dated as of , by and among , and wholly-owned subsidiary of the Obligor (“Craft Canning”), (“Aegis”) (the “Intercreditor Agreement”), which Intercreditor Agreement sets forth the relative priorities of the Obligations with the indebtedness owing by the Obligor # to Aegis under that certain Amended and Restated Secured Promissory Note in the original principal amount of dated as of (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Aegis Note”), which Aegis Note amended and restated that certain Secured Promissory Note dated in the original principal amount of originally issued by the Obligor to Aegis pursuant to that certain Note Purchase Agreement dated as of by and among the Obligor, Craft Canning, and Aegis (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Aegis Note Purchase Agreement”), # to and , LP (collectively, “/D2”) under those Amended and Restated Secured Convertible Promissory Notes dated , and # pursuant to any other Aegis Note Documents (as defined in the Intercreditor Agreement).

Intercreditor Agreement. To the extent that the provisions of the Intercreditor Agreement conflict with the provisions of this [Section 5.2], the provisions of the Intercreditor Agreement shall control.

[Intercreditor Agreement. ​ Assignee acknowledges and agrees that it has received a copy of the Qualified Debt Intercreditor Agreement and that it shall be bound by the terms thereof as a Lender as such term is defined therein and hereby shall be deemed to make all representations and warranties made by a Lender thereunder. Without limiting any other rights or authorization of Administrative Agent, Assignee hereby specifically authorizes Administrative Agent to take such actions as are provided for to be taken by it under the terms of the Qualified Debt Intercreditor Agreement on behalf of Assignee as a Lender.]

Intercreditor Agreement. shall have received a fully executed copy of the Intercreditor Agreement;

Intercreditor Agreement. Each Lender hereunder # acknowledges that it has received a copy of the Intercreditor Agreement, # agrees that it will be bound by and will take no actions contrary to the provisions of the Intercreditor Agreement, # authorizes and instructs the Administrative Agent to enter into the Intercreditor Agreement as Administrative Agent and on behalf of such Lender and # hereby consents to the subordination of the Liens securing the Obligations on the terms set forth in the Intercreditor Agreement. The foregoing provisions are intended as an inducement to the lenders under the ABL Debt Documents to extend credit to the Loan Parties and such lenders are intended third party beneficiaries of such provisions. In the event of any conflict or inconsistency between the provisions of the Intercreditor Agreement and this Agreement, the provisions of the Intercreditor Agreement shall control.

Intercreditor Agreement. The Master Servicer shall use commercially reasonable efforts to execute and deliver to the Administrative Agent within four months of the Amendment No. 26 Effective Date a reasonably customary intercreditor agreement with respect to the priority of certain security interests as between the Administrative Agent and IBM Credit LLC (or an affiliate thereof, as appropriate), in a form reasonably acceptable to the Administrative Agent.

“Intercreditor Agreements” means any Permitted First Lien Intercreditor Agreement and Permitted Junior Intercreditor Agreement, collectively, in each case to the extent in effect.

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expressly contemplated by the Intercreditor Agreement or any other intercreditor agreement;

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