Acknowledgement; Consent; and Subordination. The Subordinated Agent, on behalf of itself and the other Subordinated Claimholders, hereby (y) acknowledges that the Obligors, either prior to the date hereof or concurrently herewith, have granted or are granting Liens on the Collateral in favor of the Senior Agents to secure the Senior Obligations and (z) consents, anything to the contrary contained in the Subordinated Loan Documents notwithstanding, to the grant by the Obligors of the Liens on the Collateral to secure the Senior Obligations. Notwithstanding (i) the date, time, method, manner or order of grant, attachment, or perfection of any Liens granted to any Senior Agent (or any Senior Lender) or any Subordinated Claimholder in respect of all or any portion of the Collateral, (ii) the order or time of filing or recordation of any document or instrument for perfecting the Liens in favor of any Senior Agent (or any Senior Lender) or any Subordinated Claimholder in any Collateral, (iii) any provision of the UCC, any other applicable law, any of the Senior Loan Documents or any of the Subordinated Loan Documents, (iv) whether the Liens securing the Senior Obligations are valid, enforceable, void, avoidable, subordinated, disputed, or allowed, or (v) any other circumstance whatsoever, each Senior Agent, on behalf of itself and the applicable Senior Lenders, and the Subordinated Agent, on behalf of itself and the other Subordinated Claimholders, hereby agree that:
Appears in 2 contracts
Samples: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.), Senior Term Loan Credit Agreement (Bumble Bee Capital Corp.)
Acknowledgement; Consent; and Subordination. The Subordinated Agent, on behalf Agent and each of itself and the other Subordinated Claimholders, Claimholders hereby (y) acknowledges that the Obligors, either prior to the date hereof or concurrently herewith, have granted or are granting Liens on the Collateral in favor of the Senior Agents Agent to secure the Senior Obligations and (z) consents, anything to the contrary contained in the Subordinated Loan Documents notwithstanding, to the grant by the Obligors of the Liens on the Collateral to secure the Senior Obligations. Notwithstanding (i) the date, time, method, manner or order of grant, attachment, or perfection of any Liens granted to any the Senior Agent (or any Senior Lender) or any Subordinated Claimholder in respect of all or any portion of the Collateral, (ii) the order or time of filing or recordation of any document or instrument for perfecting the Liens in favor of any the Senior Agent (or any Senior Lender) or any Subordinated Claimholder in any Collateral, (iii) any provision of the UCC, any other applicable law, any of the Senior Loan Documents or any of the Subordinated Loan Documents, (iv) whether the Liens securing the Senior Obligations are valid, enforceable, void, avoidable, subordinated, disputed, or allowed, or (v) any other circumstance whatsoever, each the Senior Agent, on behalf of itself and the applicable Senior LendersClaimholders, and the Subordinated Agent, on behalf Agent and each of itself and the other Subordinated Claimholders, Claimholders hereby agree that:
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Nuverra Environmental Solutions, Inc.)
Acknowledgement; Consent; and Subordination. The Each Subordinated Agent, on behalf Creditor and each of itself and the other Subordinated Claimholders, Claimholders hereby (y) acknowledges that the Obligors, either prior to the date hereof or concurrently herewith, have granted or are granting Liens on the Collateral in favor of the Senior Agents Creditors to secure the Senior Obligations and (z) consents, anything to the contrary contained in the Subordinated Loan Documents notwithstanding, to the grant by the Obligors of the Liens on the Collateral to secure the Senior Obligations. Notwithstanding (i) the date, time, method, manner or order of grant, attachment, or perfection of any Liens granted to any Senior Agent (or any Senior LenderClaimholder) or any Subordinated Claimholder in respect of all or any portion of the Collateral, (ii) the order or time of filing or recordation of any document or instrument for perfecting the Liens in favor of any Senior Agent (or any Senior LenderClaimholder) or any Subordinated Claimholder in any Collateral, (iii) any provision of the UCC, any other applicable law, any of the Senior Loan Documents or any of the Subordinated Loan Documents, (iv) whether the Liens securing the Senior Obligations are valid, enforceable, void, avoidable, subordinated, disputed, or allowed, or (v) any other circumstance whatsoever, each Senior Agent, on behalf of itself and the applicable other Senior LendersClaimholders, and the each Subordinated Agent, on behalf Creditor and each of itself and the other Subordinated Claimholders, Claimholders hereby agree that:
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Global Telecom & Technology, Inc.)