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Intercreditor Agreement in Stuyvesant Town

The agreement among the lenders to the Stuyvesant/Peter Cooper Village housing complex in Manhattan

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3K views141 pages

Intercreditor Agreement in Stuyvesant Town

The agreement among the lenders to the Stuyvesant/Peter Cooper Village housing complex in Manhattan

Uploaded by

DealBook
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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AMENDED AND RESTATED INTERCREDITOR AGREEMENT UsAcive 74156174 by and among ‘WACHOVIA BANK, NATIONAL ASSOCIATION and MERRILL LYNCH MORTGAGE LENDING, INC., collectively, as Senior Lender and WACHOVIA BANK, NATIONAL ASSOCIATION and MERRILL LYNCH MORTGAGE LENDING, INC., collectively, as Mezzanine 1 Lender and WACHOVIA BANK, NATIONAL ASSOCIATION and MERRILL LYNCH MORTGAGE LENDING, INC., collectively, as Mezzanine 2 Lender and WACHOVIA BANK, NATIONAL ASSOCIATION and MERRILL LYNCH MORTGAGE LENDING, INC., collectively, as Mezzanine 3 Lender and ‘WACHOVIA BANK, NATIONAL ASSOCIATION and MERRILL LYNCH MORTGAGE LENDING, INC, collectively, as Mezzanine 4 Lender and WACHOVIA BANK, NATIONAL ASSOCIATION and MERRILL LYNCH MORTGAGE LENDING, INC., collectively, as Mezzanine 5 Lender and UsActve 7415817.4 WACHOVIA BANK, NATIONAL ASSOCIATION and ‘MERRILL LYNCH MORTGAGE LENDING, INC., collectively, as Mezzanine 6 Lender and WACHOVIA BANK, NATIONAL ASSOCIATION and MERRILL LYNCH MORTGAGE LENDING, INC., collectively, as Mezzanine 7 Lender and WACHOVIA BANK, NATIONAL ASSOCIATION and MERRILL LYNCH MORTGAGE LENDING, INC., collectively, as Mezzanine 8 Lender and WACHOVIA BANK, NATIONAL ASSOCIATION and MERRILL LYNCH MORTGAGE LENDING, INC., collectively, as Mezzanine 9 Lender and WACHOVIA BANK, NATIONAL ASSOCIATION and MERRILL LYNCH MORTGAGE LENDING, IN collectively, as Mezzanine 10 Lender and GRAMERCY WAREHOUSE FUNDING I LLC, ‘as Mezzanine 11 Lender Dated as of February 16, 2007 THIS INTERCREDITOR AGREEMENT (this “Agreement”), dated as of February 16, 2007, by and among WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (collectively, “Senior Lender”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (collectively “Mezzanine 1 Lender”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (collectively “Mezzanine 2 Lender”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (collectively “Mezzanine 3 Lender”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (collectively “Mezzanine 4 Lender”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (collectively “Mezzanine 5 Lender”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (collectively, “Mezzanine 6 Lender”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (collectively, “Mezzanine 7 Lender”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (collectively, “Mezzanine 8 Lender”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (Collectively, “Mezzanine 9 Lender”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, and MERRILL LYNCH MORTGAGE LENDING, INC. Delaware corporation (collectively, “Mezzanine 10 Lender”), and GRAMERCY WAREHOUSE FUNDING I LLC, a Delaware limited liability company (“Mezzanine 11 Lender”). Mezzanine 1 Lender, Mezzanine 2 Lender, Mezzanine 3 Lender, Mezzanine 4 Lender, Mezzanine 5 Lender, Mezzanine 6 Lender, Mezzanine 7 Lender, Mezzanine 8 Lender, Mezzanine 9 Lender, Mezzanine 10 Lender, and Mezzanine 11 Lender are, each a “Junior Lender” and, collectively, “Junior Lenders”. RECITA\ WHEREAS, pursuant to the terms, provisions and conditions set forth in that certain Amended and Restated Loan and Security Agreement, dated as of February 16, 2007, between Borrower (defined below) and Senior Lender (the “Senior Loan Agreement”), Senior Lender has made a loan to Borrower in the original principal amount of Three Billion and No/100 Dollars ($3,000,000,000.00) (the “Senior Loan”), which Senior Loan is evidenced by those certain Amended and Restated Promissory Notes, dated as of February 16, 2007, given by Borrower to Senior Lender as more particularly described on Exhibit A (collectively, the “Senior Note”), and secured by, among other things, that certain Amended and Restated UsAetive 7415617.4

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