Common use of Agreement on Certain Bankruptcy Matters Clause in Contracts

Agreement on Certain Bankruptcy Matters. (a) Without impairing, abrogating or in any way affecting the Agent’s or any Lender’s rights hereunder, including the relative priorities established by paragraph 3 hereof, Agent may during any Bankruptcy Case give or withhold its consent to any Loan Party’s or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s use or consumption of any Collateral (including cash proceeds of any Accounts or other Collateral), or may provide financing or otherwise extend credit to any Loan Party or any bankruptcy trustee, receiver, interim receiver, or similar custodian, secured by a first priority Lien upon any or all of the Collateral, whether acquired by such Loan Party prior to or after the commencement of such Bankruptcy Case, and by its execution of this Agreement, the Trade Creditor shall be deemed to have consented to such Borrower’s or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s use of any such Collateral if and to the extent consented to by the Agent and the applicable Lenders and to any financing proposed to be provided by the Lenders (or any of them) to a Loan Party or any bankruptcy trustee, receiver, interim receiver, or similar custodian that is secured by a Lien upon any or all of the Collateral during the pendency of any such Bankruptcy Case. Any Lien at any time acquired by the Trade Creditor on any of the Collateral, whether such Collateral is created, acquired or arises at any time prior to or after any such Bankruptcy Case, shall be subject to all of the terms of this Agreement and shall be subordinate in priority to all Liens at any time granted to or obtained by the Agent with respect to any such Collateral, including Liens granted to or conferred upon the Agent to secure financing in any Bankruptcy Case.

Agreement on Certain Bankruptcy Matters. (a) Without impairing, abrogating or in any way affecting the Agent’s or any Lender’s 's rights hereunder, including the relative priorities established by paragraph 3 hereof, Agent may during any Bankruptcy Case give or withhold its consent to Eltrax's, any Loan Party’s other Borrower's or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s 's use or consumption of any Collateral (including cash proceeds of any Accounts or other Collateral), ) or may provide financing or otherwise extend credit to Eltrax, any Loan Party other Borrower or any bankruptcy trustee, receiver, interim receiver, or similar custodian, secured by a first priority Lien upon any or all of the Collateral, whether acquired by such Loan Party prior to or after the commencement of such Bankruptcy Case, and by its execution of this Agreement, the Trade Creditor shall be deemed to have consented to such Borrower’s or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s use of any such Collateral if and to the extent consented to by the Agent and the applicable Lenders and to any financing proposed to be provided by the Lenders (or any of them) to a Loan Party or any bankruptcy trustee, receiver, interim receiver, or similar custodian that is trustee secured by a Lien upon any or all of the Collateral whether created, acquired or arising prior to or after the commencement of any such Bankruptcy Case, and by its execution of this Agreement Junior Creditor shall be deemed to have consented to Eltrax's, any other Borrower's or any bankruptcy trustee's use of Collateral if and to the extent consented to by Agent and to any financing proposed to be provided by Senior Creditors to any Borrower or any bankruptcy trustee during the pendency of any such Bankruptcy Case. Any Lien at any time granted to or otherwise acquired by the Trade Junior Creditor on in any of the Collateral, whether such Collateral is created, acquired or arises at any time prior to or after the commencement of any such Bankruptcy Case, shall be subject to all of the terms of this Agreement and shall be subordinate in priority to all Liens at any time granted to or otherwise obtained by the Agent with respect to any such Collateral, including Liens granted to or conferred upon the Agent or any Senior Creditors to secure financing financings in any such Bankruptcy Case.

Agreement on Certain Bankruptcy Matters. (a) Without impairing, abrogating or in any way affecting the Agent’s or any Lender’s 's rights hereunder, including the relative priorities established by paragraph 3 hereof, Agent may during any Bankruptcy Case give or withhold its consent to Verso's, any Loan Party’s other Borrower's or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s 's use or consumption of any Collateral (including cash proceeds of any Accounts or other Collateral), ) or may provide financing or otherwise extend credit to Verso, any Loan Party other Borrower or any bankruptcy trustee, receiver, interim receiver, or similar custodian, trustee secured by a first priority Lien upon any or all of the CollateralCollateral whether created, whether acquired by such Loan Party or arising prior to or after the commencement of any such Bankruptcy Case, and by its execution of this Agreement, the Trade Junior Creditor shall be deemed to have consented to such Verso's, any other Borrower’s 's or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s 's use of any such Collateral if and to the extent consented to by the Agent and the applicable Lenders and to any financing proposed to be provided by the Lenders (or Senior Creditors to any of them) to a Loan Party Borrower or any bankruptcy trustee, receiver, interim receiver, or similar custodian that is secured by a Lien upon any or all of the Collateral trustee during the pendency of any such Bankruptcy Case. Any Lien at any time granted to or otherwise acquired by the Trade Junior Creditor on in any of the Collateral, whether such Collateral is created, acquired or arises at any time prior to or after the commencement of any such Bankruptcy Case, shall be subject to all of the terms of this Agreement and shall be subordinate in priority to all Liens at any time granted to or otherwise obtained by the Agent with respect to any such Collateral, including Liens granted to or conferred upon the Agent or any Senior Creditors to secure financing financings in any such Bankruptcy Case.

Agreement on Certain Bankruptcy Matters. (a) Without impairing, abrogating or in any way affecting the Agent’s 's or any Lender’s 's rights hereunder, including the relative priorities established by paragraph 3 hereof, Agent may during any Bankruptcy Case give or withhold its consent to any Loan Party’s Borrower's or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s 's use or consumption of any Collateral (including cash proceeds of any Accounts or other Collateral), or may provide financing or otherwise extend credit to any Loan Party Borrower or any bankruptcy trustee, receiver, interim receiver, or similar custodian, trustee secured by a first priority Lien upon any or all of the Collateral, whether acquired by such Loan Party Borrower prior to or after the commencement of such Bankruptcy Case, and by its execution of this Agreement, the Trade Creditor shall be deemed to have consented to such Borrower’s 's or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s 's use of any such Collateral if and to the extent consented to by the Agent and the applicable Lenders and to any financing proposed to be provided by the Lenders (or any of them) to a Loan Party Borrower or any bankruptcy trustee, receiver, interim receiver, or similar custodian trustee that is secured by a Lien upon any or all of the Collateral during the pendency of any such Bankruptcy Case. Any Lien at any time acquired by the Trade Creditor on in any of the Collateral, whether such Collateral is created, acquired or arises at any time prior to or after any such Bankruptcy Case, shall be subject to all of the terms of this Agreement and shall be subordinate in priority to all Liens at any time granted to or obtained by the Agent with respect to any such Collateral, including Liens granted to or conferred upon the Agent to secure financing in any Bankruptcy Case.

Agreement on Certain Bankruptcy Matters. (a) Without impairing, abrogating or in any way affecting the Agent’s 's or any Lender’s 's rights hereunder, including the relative priorities established by paragraph 3 hereof, Agent may during any Bankruptcy Case give or withhold its consent to any Loan Party’s 's or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s 's use or consumption of any Collateral (including cash proceeds of any Accounts or other Collateral), or may provide financing or otherwise extend credit to any Loan Party or any bankruptcy trustee, receiver, interim receiver, or similar custodian, trustee secured by a first priority Lien upon any or all of the Collateral, whether acquired by such Loan Party prior to or after the commencement of such Bankruptcy Case, and by its execution of this Agreement, the Trade Creditor shall be deemed to have consented to such Borrower’s Loan Party's or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s 's use of any such Collateral if and to the extent consented to by the Agent and the applicable Lenders and to any financing proposed to be provided by the Lenders (or any of them) to a Loan Party or any bankruptcy trustee, receiver, interim receiver, or similar custodian trustee that is secured by a Lien upon any or all of the Collateral during the pendency of any such Bankruptcy Case. Any Lien at any time acquired by the Trade Creditor on in any of the Collateral, whether such Collateral is created, acquired or arises at any time prior to or after any such Bankruptcy Case, shall be subject to all of the terms of this Agreement and shall be subordinate in priority to all Liens at any time granted to or obtained by the Agent with respect to any such Collateral, including Liens granted to or conferred upon the Agent to secure financing in any Bankruptcy Case.

Agreement on Certain Bankruptcy Matters. (a) Without impairing, abrogating or in any way affecting the Agent’s or any Lender’s Senior Creditor's rights hereunder, including the relative priorities established by paragraph Section 3 hereof, Agent Senior Creditor may during any Bankruptcy Case Insolvency Proceeding give or withhold its consent to any Loan Party’s Debtor's or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s 's use or consumption of any Collateral (including cash proceeds of any Accounts or other Collateral), ) or may provide financing or otherwise extend credit to any Loan Party Debtor or any bankruptcy trustee, receiver, interim receiver, or similar custodian, secured by a first priority Lien upon any or all of the Collateral, whether acquired by such Loan Party prior to or after the commencement of such Bankruptcy Case, and by its execution of this Agreement, the Trade Creditor shall be deemed to have consented to such Borrower’s or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s use of any such Collateral if and to the extent consented to by the Agent and the applicable Lenders and to any financing proposed to be provided by the Lenders (or any of them) to a Loan Party or any bankruptcy trustee, receiver, interim receiver, or similar custodian that is trustee secured by a Lien upon any or all of the Collateral whether created, acquired or arising prior to or after the commencement of any such Insolvency Proceeding on such terms and conditions (including any related professional fee and expense carve-out) and in such amounts as Senior Creditor, in its sole discretion, may decide, and by its execution of this Agreement each Subordinate Creditor shall be deemed to have consented to Debtor's or any bankruptcy trustee's use of Collateral if and to the extent consented to by Senior Creditor and to any financing proposed to be provided by Senior Creditor to Debtor or any bankruptcy trustee during the pendency of any such Bankruptcy CaseInsolvency Proceeding. Any Lien at any time granted to or otherwise acquired by the Trade a Subordinate Creditor on in any of the Collateral, whether such Collateral is created, acquired or arises at any time prior to or after the commencement of any such Bankruptcy CaseInsolvency Proceeding, shall be subject to all of the terms of this Agreement and shall be subordinate in priority to all Liens at any time granted to or otherwise obtained by the Agent Senior Creditor with respect to any such Collateral, including Liens granted to or conferred upon the Agent Senior Creditor to secure financing financings in any Bankruptcy Casesuch Insolvency Proceeding.

Agreement on Certain Bankruptcy Matters. (a) Without impairing, abrogating or in any way affecting the Agent’s or any Lender’s rights hereunder, including the relative priorities established by paragraph 3 hereof, Agent may during any Bankruptcy Case give or withhold its consent to any Loan PartyBorrower’s or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s use or consumption of any Collateral (including cash proceeds of any Accounts or other Collateral), or may provide financing or otherwise extend credit to any Loan Party Borrower or any bankruptcy trustee, receiver, interim receiver, or similar custodian, trustee secured by a first priority Lien upon any or all of the Collateral, whether acquired by such Loan Party Borrower prior to or after the commencement of such Bankruptcy Case, and by its execution of this Agreement, the Trade Creditor shall be deemed to have consented to such Borrower’s or any bankruptcy trustee’s, receiver’s, interim receiver’s, or similar custodian’s use of any such Collateral if and to the extent consented to by the Agent and the applicable Lenders and to any financing proposed to be provided by the Lenders (or any of them) to a Loan Party Borrower or any bankruptcy trustee, receiver, interim receiver, or similar custodian trustee that is secured by a Lien upon any or all of the Collateral during the pendency of any such Bankruptcy Case. Any Lien at any time acquired by the Trade Creditor on in any of the Collateral, whether such Collateral is created, acquired or arises at any time prior to or after any such Bankruptcy Case, shall be subject to all of the terms of this Agreement and shall be subordinate in priority to all Liens at any time granted to or obtained by the Agent with respect to any such Collateral, including Liens granted to or conferred upon the Agent to secure financing in any Bankruptcy Case.