Common use of ABL Obligations Unconditional Clause in Contracts

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Parties (to the extent applicable) hereunder, 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 thereof; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (v) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the ABL Obligations, or of any of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit Party, to the extent applicable, in respect of this Agreement.

ABL Obligations Unconditional. All rights and interests of the ABL Agent Secured Parties hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Secured Parties (and, to the extent applicable, the Loan Parties) hereunder, 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) prior to the ABL Obligations Payment Date, any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Common 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; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (vd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the ABL Obligations, or of any of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit Loan Party, to the extent applicable, in respect of this Agreement, other than a defense of performance or payment in full of the ABL Obligations.

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien Term Loan [Cash Flow] Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Parties (to the extent applicable) hereunder, 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 thereof; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (viv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the ABL Obligations, or of any of the First Lien Term Loan [Cash Flow] Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit Party, to the extent applicable, in respect of this Agreement.

ABL Obligations Unconditional. All rights and interests of the ABL Agent Secured Parties hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Indenture Secured Parties (and, to the extent applicable, the Debtor Parties) hereunder, 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) prior to the ABL Obligations Payment Date, any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Common 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; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (vd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party Grantor in respect of the ABL Obligations, or of any of the First Lien Term Loan Indenture Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit PartyGrantor, to the extent applicable, in respect of this Agreement, other than a defense of performance or payment in full of the ABL Obligations.

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Parties Obligors (to the extent applicable) hereunder, shall shall, except as otherwise specifically provided herein, 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 DocumentDocument (but solely to the extent permitted pursuant to Section 5.2(a) above); (iiic) any exchange, release, voiding, avoidance or non perfection of any security interest in or Lien on 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; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (vd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party ABL Obligor in respect of the ABL Obligations, or of any of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit PartyTerm Obligor, to the extent applicable, in respect of this Agreement.

ABL Obligations Unconditional. All rights and interests of the ABL Agent Secured Parties hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Secured Parties (and, to the extent applicable, the Loan Parties) hereunder, 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, time place or manner of payment of, of or in any other term of, 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) prior to the ABL Obligations Payment Date, any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Common 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, replacement refunding or restatement or increase of all or any portion of the ABL Obligations or any guarantee guaranty thereof; (iv) the commencement of any Insolvency Proceeding in respect of by any Borrower or any Credit Loan Party; or (v) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the ABL Obligations, or of any of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit Loan Party, to the extent applicable, in respect of this AgreementAgreement (other than the occurrence of the ABL Obligations Payment Date).

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent Notes Collateral Agents and the Credit Loan Parties (to the extent applicable) hereunder, shall 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) above); (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; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (viv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the ABL Obligations, or of any of US-DOCS\116541863.10 the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent Notes Collateral Agents or any Credit Loan Party, to the extent applicable, in respect of this Agreement.

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien [Term Loan Loan] Agent, the Second Lien Term Loan Agent any Additional Term [Term] Agent and the Credit Parties (to the extent applicable) hereunder, 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 thereof; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (v) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the ABL Obligations, or of any of the First Lien [Term Loan Loan] Agent, the Second Lien Term Loan Agent any Additional Term [Term] Agent or any Credit Party, to the extent applicable, in respect of this Agreement.

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Parties (to the extent applicable) hereunder, 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 thereof; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower the Company or any other Credit Party; or (v) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the ABL Obligations, or of any of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit Party, to the extent applicable, in respect of this Agreement.

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Parties Obligors (to the extent applicable) hereunder, shall 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) above); (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in or Lien on 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; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (viv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party ABL Obligor in respect of the ABL Obligations, or of any of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit PartyTerm Obligor, to the extent applicable, in respect of this Agreement.

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Loan Parties (to the extent applicable) hereunder, shall shall, except as otherwise specifically provided herein, remain in full force and effect irrespective of: : (i) any i)any lack of validity or enforceability of any ABL Document; ; (ii) any 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; Document (iiibut solely to the extent permitted pursuant to Section 5.2(a) any above); (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) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (v) any iv)any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the ABL Obligations, or of any of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit Loan Party, to the extent applicable, in respect of this Agreement.

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit ABL Loan Parties (to the extent applicable) hereunder, 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 collateralCommon 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; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (vd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit ABL Loan Party in respect of the ABL Obligations, or of any of the First Lien Term Loan Agent, the Second Lien Term Loan Agent or any Additional Term Loan Party, or of any Notes Agent or any Credit Party, Notes Secured Party to the extent applicable, in respect of this Agreement.

ABL Obligations Unconditional. All rights and interests of the ABL Agent Secured Parties hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Secured Parties (and, to the extent applicable, the Loan Parties) hereunder, shall remain in full force and effect irrespective of: (ia) any lack of validity or enforceability of any ABL Document, except as expressly provided herein; (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, in each case except as expressly provided herein; (iiic) prior to the ABL Obligations Payment Date, any exchange, release, voiding, avoidance exchange or non perfection release of any security interest in any Collateral or any other collateralCollateral, 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; (iv) the commencement of any Insolvency Proceeding , in respect of any Borrower or any Credit Partyeach case except as expressly provided herein; or (vd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the ABL Obligations, or of any of the First Lien Term Loan AgentRepresentative, the Second Lien Term Loan Agent any Additional Term Agent or any Credit Loan Party, to the extent applicable, in respect of this Agreement, in each case except as expressly provided herein.

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Parties (to the extent applicable) hereunder, 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 thereof; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower the Company or any other Credit Party; or (v) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the ABL Obligations, or of any of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit Party, to the extent applicable, in respect of this Agreement.

ABL Obligations Unconditional. All rights of the ABL Agent hereunder, and all agreements and obligations of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent and the Credit Loan Parties (to the extent applicable) hereunder, shall 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) above); (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; (iv) the commencement of any Insolvency Proceeding in respect of any Borrower or any Credit Party; or (viv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the ABL Obligations, or of any of the First Lien Term Loan Agent, the Second Lien Term Loan Agent any Additional Term Agent or any Credit Loan Party, to the extent applicable, in respect of this Agreement.