Common use of ABL Obligations Unconditional Clause in Contracts

ABL Obligations Unconditional. All rights of the ABL Agents hereunder, and all agreements and obligations of the Second Lien Agent and the Loan Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Party in respect of the ABL Obligations, or of any of the Second Lien Agent or any Loan Party, to the extent applicable, in respect of this Agreement.

Appears in 5 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Sears Holdings Corp), Intercreditor Agreement (Sears Holdings Corp)

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ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Agent and the Loan Parties (to the extent applicable) Term Agents hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) A. any lack of validity or enforceability of any ABL Document; (ii) B. any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) C. any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) D. any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Agent Term Agents or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Note Agent, any Additional Agent and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Note Agent, any Additional Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 4 contracts

Samples: Intercreditor Agreement (Atkore International Group Inc.), Credit Agreement (Atkore International Group Inc.), Intercreditor Agreement (Unistrut International Holdings, LLC)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) A. any lack of validity or enforceability of any ABL Document; (ii) B. any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) C. any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) D. any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Term Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (J Crew Group Inc), Intercreditor Agreement (99 Cents Only Stores)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien each Term Agent and the Loan Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL DocumentDocument (but solely to the extent permitted pursuant to Section 5.2(a) hereof); (iii) any exchange, release, voiding, avoidance or non perfection nonperfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Party in respect of the ABL Obligations, or of any of the Second Lien Term Agent or any Loan Party, to the extent applicable, in respect of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second First Lien Notes Agent and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense (other than payment in full of the ABL Obligations) available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second First Lien Notes Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Loan Agent, any Additional Agent and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Term Loan Agent, any Additional Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Tribune Publishing Co), Intercreditor Agreement (Emergency Medical Services CORP), Credit Agreement (Emergency Medical Services CORP)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense (other than payment in full of the ABL Obligations) available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Term Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.), Intercreditor Agreement (Music123, Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Agent Shared Collateral Agents and the Loan Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any ABLShared Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Party in respect of the ABL Obligations, or of any of the Second Lien Agent Shared Collateral Agents or any Loan Party, to the extent applicable, in respect of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Toys R Us Inc), Intercreditor Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Agent Term Agents and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (ia) any lack of validity or enforceability of any ABL Document; (iib) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iiic) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (ivd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Agent Term Agents or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 3 contracts

Samples: Abl Credit Agreement (Hayward Holdings, Inc.), Second Lien Credit Agreement (Hayward Holdings, Inc.), First Lien Credit Agreement (Hayward Holdings, Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Term Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Michaels Stores Inc), Intercreditor Agreement (Hertz Corp)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Agent Shared Collateral Agents and the Loan Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any ABL Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Party in respect of the ABL Obligations, or of any of the Second Lien Agent Shared Collateral Agents or any Loan Party, to the extent applicable, in respect of this Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Toys R Us Inc)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) A. any lack of validity or enforceability of any ABL Document; (ii) B. any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL DocumentDocument (but solely to the extent permitted pursuant to Section 5.2(a)); (iii) C. any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) D. any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Party in respect of the ABL Obligations (other than Discharge of ABL Obligations), or of any of the Second Lien Term Agent or any Loan Party, to the extent applicable, in respect of this Agreement.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Overseas Shipholding Group Inc), Abl Credit Agreement (Overseas Shipholding Group Inc)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Agent Term Agents and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (ia) any lack of validity or enforceability of any ABL Document; (iib) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iiic) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (ivd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Agent Term Agents or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 2 contracts

Samples: Abl Credit Agreement (Hayward Holdings, Inc.), Abl Credit Agreement (Hayward Holdings, Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (ia) any lack of validity or enforceability of any ABL Document; (iib) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iiic) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (ivd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Term Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Norcraft Companies, Inc.), Intercreditor Agreement (Norcraft Companies Lp)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Agent Cash Flow Collateral Agents and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Cash Flow Collateral Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 2 contracts

Samples: Abl Credit Agreement (Hd Supply, Inc.), Intercreditor Agreement (Hd Supply, Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Party in respect of the ABL Obligations, or of any of the Second Lien Term Agent or any Loan Party, to the extent applicable, in respect of this Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement (Container Store Group, Inc.), Intercreditor Agreement (Container Store Group, Inc.)

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ABL Obligations Unconditional. All rights of the ABL Agents Collateral Agent hereunder, and all agreements and obligations of the Second Lien each Term Collateral Agent and the Loan Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Credit Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or Term Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Credit Document; (iii) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or Term Obligations, or any guarantee or guaranty of any thereof; or (iv) any other circumstances that otherwise might constitute a defense defence (other than payment in full of the ABL Obligations) available to, or a discharge of, any Loan Credit Party in respect of any of the ABL Obligations or Term Obligations, or of any of the Second Lien Term Collateral Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Postmedia Network Canada Corp.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, refunding or restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Agent Term Agent, or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Progress Precision Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Agent Term Agents and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) : ar. any lack of validity or enforceability of any ABL Document; (ii) ; as. any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) ; at. any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) or au. any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Agent Term Agents or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 1 contract

Samples: Abl Credit Agreement (Hayward Holdings, Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Agent Term Loan/Notes Agents and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense (other than payment in full of the ABL Obligations) available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Agent Term Loan/Notes Agents or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Burlington Stores, Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, remain in full force and effect irrespective of: (i) 1. any lack of validity or enforceability of any ABL Document; (ii) 2. any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL DocumentDocument (but solely to the extent permitted pursuant to Section 5.2(a) above); (iii) 3. any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) 4. any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Party in respect of the ABL Obligations, or of any of the Second Lien Term Agent or any Loan Party, to the extent applicable, in respect of this Agreement.

Appears in 1 contract

Samples: Abl Credit Agreement (Lands End Inc)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Credit Parties (to the 39168701_7 extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (ia) any lack of validity or enforceability of any ABL Document; (iib) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iiic) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (ivd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Term Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Norcraft Companies, Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Parties Grantors (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan ABL Credit Party in respect of the ABL Obligations, or of any of the Second Lien Term Agent or any Loan PartyGrantor, to the extent applicable, in respect of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Univar Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) A. any lack of validity or enforceability of any ABL Facility Document; (ii) B. any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Facility Document; (iii) C. any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) D. any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Party in respect of the ABL Obligations, or of any of the Second Lien Term Agent or any Loan Party, to the extent applicable, in respect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (YRC Worldwide Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Term Agent and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) A. any lack of validity or enforceability of any ABL Document; (ii) B. any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL DocumentDocument (but solely to the extent permitted pursuant to Section 5.2(a) hereof); (iii) C. any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) D. any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations (other than Discharge of ABL Obligations), or of any of the Second Lien Term Agent or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (JOANN Inc.)

ABL Obligations Unconditional. All rights of the ABL Agents Agent hereunder, and all agreements and obligations of the Second Lien Agent Term Agents and the Loan Credit Parties (to the extent applicable) hereunder, shall, except as otherwise specifically provided herein, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any ABL Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the ABL Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any ABL Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the ABL Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Loan Credit Party in respect of the ABL Obligations, or of any of the Second Lien Agent Term Agents or any Loan Credit Party, to the extent applicable, in respect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Michaels Companies, Inc.)

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