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This excerpt taken from the RAD 8-K filed Feb 20, 2009. Intercreditor Agreement”),
among Citicorp North America, Inc., as First Lien Agent and Citicorp North
America, Inc., as Second Lien Agent and Rite Aid Funding II, as
Borrower. In the event of any conflict between the terms of the
Intercreditor Agreement and this Agreement, the terms of the Intercreditor
Agreement shall govern and control.”
(d) [Intentionally
Omitted].
(e) Except
as otherwise expressly set forth in any First Lien Loan Document, no Person who
obtains the benefit of the provisions of this Agreement or any Collateral by
virtue of the provisions hereof or any First Lien Loan Document shall have any
right to notice of any amendment of this Agreement or any action hereunder or to
consent to, direct or object to any action hereunder or under any First Lien
Loan Document in respect of the Collateral (including the release or impairment
of any Collateral) other than in its capacity as a First Lien Lender and, in
such case, only to the extent expressly provided in the First Lien Loan
Documents.
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