Common use of ABL Obligations Unconditional Clause in Contracts

ABL Obligations Unconditional. All rights, interests, agreements and obligations of the ABL Collateral Agent and the ABL Secured Parties, and the New First Lien Collateral Agent and the New First Lien Secured Parties, respectively, hereunder shall remain in full force and effect irrespective of: (a) any lack of validity or enforceability of any ABL Documents or any New First Lien Documents; (b) any change in the time, manner or place of payment of, or in any other terms of, all or any of the ABL Obligations or New First Lien Obligations, or any amendment or waiver or other modification, including any increase in the amount thereof, whether by course of conduct or otherwise, of the terms of the ABL Credit Agreement or any other ABL Document or of the terms of the New First Lien Agreement or any other New First Lien Document; (c) any exchange of any security interest in any Receivables Collateral or any other collateral, or any amendment, waiver or other modification, whether in writing or by course of conduct or otherwise, of all or any of the ABL Obligations or New First Lien Obligations or any guarantee thereof; (d) the commencement of any Insolvency Proceeding in respect of the Company or any other Grantor; or (e) any other circumstances that otherwise might constitute a defense (other than a defense that such obligations have in fact been repaid) available to, or a discharge of, the Company or any other Grantor in respect of ABL Obligations or New First Lien Obligations in respect of this Agreement.

Appears in 8 contracts

Samples: Additional Receivables Intercreditor Agreement (HCA Healthcare, Inc.), Additional Receivables Intercreditor Agreement, Additional Receivables Intercreditor Agreement (HCA Holdings, Inc.)

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ABL Obligations Unconditional. All rights, interests, agreements and obligations of the ABL Collateral Agent and the ABL Secured Parties, and the New First Lien Collateral Agent and the New First Lien Secured Parties, respectively, hereunder shall remain in full force and effect irrespective of: (a) any lack of validity or enforceability of any ABL Documents or any New First Lien Documents; (b) any change in the time, manner or place of payment of, or in any other terms of, all or any of the ABL Obligations or New First Lien Obligations, or any amendment or waiver or other modification, including any increase in the amount thereof, whether by course of conduct or otherwise, of the terms of the ABL Credit Agreement or any other ABL Document or of the terms of the New First Lien Agreement Agreements or any other New First Lien Document; (c) any exchange of any security interest in any Receivables Collateral or any other collateral, or any amendment, waiver or other modification, whether in writing or by course of conduct or otherwise, of all or any of the ABL Obligations or New First Lien Obligations or any guarantee thereof; (d) the commencement of any Insolvency Proceeding in respect of the Company or any other Grantor; or (e) any other circumstances that otherwise might constitute a defense (other than a defense that such obligations have in fact been repaid) available to, or a discharge of, the Company or any other Grantor in respect of ABL Obligations or New First Lien Obligations in respect of this Agreement.

Appears in 8 contracts

Samples: Additional Receivables Intercreditor Agreement (HCA Healthcare, Inc.), Additional Receivables Intercreditor Agreement (HCA Healthcare, Inc.), Additional Receivables Intercreditor Agreement

ABL Obligations Unconditional. All rights, interests, agreements and obligations of the ABL Collateral Agent and the ABL Secured Parties, and the New First Lien Term Loan Collateral Agent and the New First Lien Term Loan Secured Parties, respectively, hereunder shall remain in full force and effect irrespective of: (a) any lack of validity or enforceability of any ABL Documents or any New First Lien DocumentsTerm Loan Documents or any setting aside or avoidance of any Lien; (b) any change in the time, manner or place of payment of, or in any other terms of, all or any of the ABL Obligations or New First Lien Term Loan Obligations, or any amendment or waiver or other modification, including any increase in the amount thereof, whether by course of conduct or otherwise, of the terms of the ABL Credit Agreement or any other ABL Document or of the terms of the New First Lien Term Loan Credit Agreement or any other New First Lien Term Loan Document; (c) any exchange of any security interest in any Receivables Common Collateral or any other collateral, or any amendment, waiver or other modification, whether in writing or by course of conduct or otherwise, of all or any of the ABL Obligations or New First Lien Term Loan Obligations or any guarantee thereof; (d) the commencement of any Insolvency or Liquidation Proceeding in respect of the Company or any other Grantor; or (e) any other circumstances that otherwise might constitute a defense (other than a defense that such obligations have in in-fact been repaid) available to, or a discharge of, the Company or any other Grantor in respect of ABL Obligations or New First Lien Term Loan Obligations in respect of this Agreement.

Appears in 1 contract

Samples: Abl Intercreditor Agreement (Tesoro Corp /New/)

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ABL Obligations Unconditional. All rights, interests, agreements and obligations of the ABL Collateral Agent and the ABL Secured Parties, and the New First Subordinated Lien Collateral Agent Agents and the New First Subordinated Lien Secured Parties, respectively, hereunder shall remain in full force and effect irrespective of: (a) any lack of validity or enforceability of any ABL Documents or any New First Subordinated Lien Documents; (b) any change in the time, manner or place of payment of, or in any other terms of, all or any of the ABL Obligations or New First Subordinated Lien Obligations, or any amendment or waiver or other modification, including any increase in the amount thereof, whether by course of conduct or otherwise, of the terms of the ABL Credit Agreement or any other ABL Document or of the terms of the New First Lien Agreement CF Credit Agreement, the Indenture or any other New First Subordinated Lien Document; (c) any exchange of any security interest in any Receivables Collateral or any other collateral, or any amendment, waiver or other modification, whether in writing or by course of conduct or otherwise, of all or any of the ABL Obligations or New First Subordinated Lien Obligations or any guarantee thereof; (d) the commencement of any Insolvency Proceeding in respect of the Company or any other Grantor; or (e) any other circumstances that otherwise might constitute a defense (other than a defense that such obligations have in in-fact been repaid) available to, or a discharge of, the Company or any other Grantor in respect of ABL Obligations or New First Subordinated Lien Obligations in respect of this Agreement.

Appears in 1 contract

Samples: Receivables Intercreditor Agreement (Marietta Surgical Center, Inc.)

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