Common use of Binding Effect; Other Clause in Contracts

Binding Effect; Other. This Agreement shall be a continuing agreement, shall be binding upon and shall inure to the benefit of the parties hereto from time to time and their respective heirs, legal representatives, successors and assigns, shall be irrevocable and shall remain in full force and effect until the Briar Obligations shall have been satisfied or paid in full in cash and the Loan Agreement shall have been irrevocably terminated, but shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any amount paid by or on behalf of the Company with regard to the Briar Obligations is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee, custodian, or similar officer, for the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. No action which Briar or the Company may take or refrain from taking with respect to the Briar Obligations, including any amendments thereto, shall affect the provisions of this Agreement or the obligations of Subordinated Lender hereunder. Any waiver or amendment hereunder must be evidenced by a signed writing of the party to be bound thereby and shall only be effective in the specific instance. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The headings in this Agreement are for convenience of reference only, and shall not alter or otherwise affect the meaning hereof.

Binding Effect; Other. This Agreement shall be a continuing agreement, shall be binding upon and shall inure to the benefit of the parties hereto from time to time and their respective heirs, legal representatives, successors and assigns, shall be irrevocable and shall remain in full force and effect until the Briar Obligations and indebtedness under the Oil and Gas Facility Agreements shall have been satisfied or paid in full in cash and the Loan Agreement and Oil and Gas Agreement shall have been irrevocably terminated, but shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any amount paid by or on behalf of the Company with regard to the Briar Obligations or the indebtedness under the Oil and Gas Facility Agreements is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee, custodian, or similar officer, for the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. No action which Briar or the Company may take or refrain from taking with respect to the Briar Obligations, including any amendments thereto, shall affect the provisions of this Agreement or the obligations of Subordinated Lender hereunder. Any waiver or amendment hereunder must be evidenced by a signed writing of the party to be bound thereby thereby, and shall only be effective in the specific instance. This Agreement shall be governed by and construed in accordance with the laws of the State of TexasNew York. The headings in this Agreement are for convenience of reference only, and shall not alter or otherwise affect the meaning hereof.

Binding Effect; Other. This Agreement shall be a continuing agreement, shall be binding upon and shall inure to the benefit of the parties hereto from time to time and their respective heirs, legal representatives, successors and assigns, shall be irrevocable and shall remain in full force and effect until the Briar Guaranteed Obligations shall have been satisfied or paid in full in cash and or cash equivalents acceptable to the Loan Agreement shall have been irrevocably terminatedMezzanine Investors, but shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any amount paid by or on behalf of the Company OpBiz with regard to the Briar Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the CompanyOpBiz, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee, custodian, or similar officer, for the Company any Obligor or any substantial part of its property, or otherwise, all as though such payments had not been made. No action which Briar the Mezzanine Investors or the Company any Obligor may take or refrain from taking with respect to the Briar Guaranteed Obligations, including any amendments thereto, shall affect the provisions of this Agreement or the obligations of Subordinated Lender the PH Parties hereunder. Any waiver or amendment hereunder must be evidenced by a signed writing of the party to be bound thereby thereby, and shall only be effective in the specific instance. This Agreement shall be governed by and construed in accordance with the laws of the State of TexasNew York without regard to its conflict of laws provisions. The headings in this Agreement are for convenience of reference only, and shall not alter or otherwise affect the meaning hereof.

Binding Effect; Other. This Agreement shall be a continuing agreement, shall be binding upon and shall inure to the benefit of the parties hereto from time to time and their respective heirs, legal representatives, successors and assigns, shall be irrevocable and shall remain in full force and effect until the Briar Laurus Obligations shall have been satisfied or paid in full in cash and the Loan Agreement Accounts Receivable Purchase Agreements shall have been irrevocably terminated, but shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any amount paid by or on behalf of the any Company with regard to the Briar Laurus Obligations is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the any Company, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee, custodian, or similar officer, for the any Company or any substantial part of its property, or otherwise, all as though such payments had not been made. No action which Briar any Creditor or the any Company may take or refrain from taking with respect to the Briar Laurus Obligations and/or the MidMark Obligations, including any amendments thereto, shall affect the provisions of this Agreement or the obligations of Subordinated Lender hereunderAgreement. Any waiver or amendment hereunder must be evidenced by a signed writing of the party to be bound thereby thereby, and shall only be effective in the specific instance. This Agreement shall be governed by and construed in accordance with the laws of the State of TexasNew York. The headings in this Agreement are for convenience of reference only, and shall not alter or otherwise affect the meaning hereof.

Binding Effect; Other. This Agreement shall be a continuing agreement, shall be binding upon and shall inure to the benefit of the parties hereto from time to time and their respective heirs, legal representatives, successors and assigns, . This Agreement may not be assigned by Laurus except to an assignee of the Laurus Indebtedness. This Agreement may not be assigned by Roynat except to an assignee of the Roynat Indebtedness. This Agreement shall be irrevocable and shall remain in full force and effect until the Briar Obligations Laurus Indebtedness shall have been satisfied or indefeasibly paid in full in cash and the Loan Agreement Laurus Agreements shall have been irrevocably terminated, but shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any amount paid by or on behalf of the any Company with regard to the Briar Obligations Laurus Indebtedness is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the any Company, or upon or as a result of the appointment of a receiver, interim receiver, monitor, intervenor or conservator of, or trustee, custodian, or similar officer, for the any Company or any substantial part of its property, or otherwise, all as though such payments had not been made. No action which Briar or the Company may take or refrain from taking with respect to the Briar Obligations, including any amendments thereto, shall affect the provisions of this Agreement or the obligations of Subordinated Lender hereunder. Any waiver or amendment hereunder must be evidenced by a signed writing of the party to be bound thereby thereby, and shall only be effective in the specific instance. This Agreement shall be governed by and construed in accordance with the laws of the State of TexasNew York. The headings in this Agreement are for convenience of reference only, and shall not alter or otherwise affect the meaning hereof.

Binding Effect; Other. This Agreement shall be a continuing agreement, shall be binding upon and shall inure to the benefit of the parties hereto from time to time and their respective heirs, legal representativesadministrators, executors, successors and assigns, shall be irrevocable and shall remain in full force and effect until the Briar Obligations Senior Indebtedness shall have been satisfied or paid in full in cash and the Loan Security Agreement shall have been irrevocably terminated, but shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any amount paid by or on behalf of the Company Companies with regard to the Briar Obligations Senior Indebtedness is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the any Company, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee, custodian, or similar officer, for the any Company or any substantial part of its property, or otherwise, all as though such payments had not been made. No action which Briar Senior Lender or the any Company may take or refrain from taking with respect to the Briar ObligationsSenior Indebtedness, including any amendments thereto, shall affect the provisions of this Agreement or the obligations of any Subordinated Lender hereunder. Any waiver or amendment hereunder must be evidenced by a signed writing of the party to be bound thereby thereby, and shall only be effective in the specific instance. This Agreement shall be governed by and construed in accordance with the laws of the State of TexasNew York. The headings in this Agreement are for convenience of reference only, and shall not alter or otherwise affect the meaning hereof.

Binding Effect; Other. This Agreement shall be a continuing agreement, shall be binding upon and shall inure to the benefit of the parties hereto from time to time and their respective heirs, legal representatives, successors and assigns, shall be irrevocable and shall remain in full force and effect until the Briar Obligations Senior Indebtedness shall have been satisfied or paid in full in cash and the Loan Agreement shall have been irrevocably terminated, but shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any amount paid by or on behalf of the Company with regard to the Briar Obligations Senior Indebtedness is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee, custodian, or similar officer, for the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. No action which Briar any Senior Lender or the Company may take or refrain from taking with respect to the Briar ObligationsSenior Indebtedness, including any amendments thereto, shall affect the provisions of this Agreement or the obligations of any Subordinated Lender hereunder. Any waiver or amendment hereunder must be evidenced by a signed writing of the party to be bound thereby thereby, and shall only be effective in the specific instance. This Agreement shall be governed by and construed in accordance with the laws of the State of TexasNew York. The headings in this Agreement are for convenience of reference only, and shall not alter or otherwise affect the meaning hereof.

Binding Effect; Other. This Agreement shall be a continuing agreement, shall be binding upon and shall inure to the benefit of the parties hereto from time to time and their respective heirs, legal representatives, successors and assigns, shall be irrevocable and shall remain in full force and effect until the Briar Obligations shall have been satisfied or paid in full in cash and the Loan Agreement shall have been irrevocably terminated, but shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any amount paid by or on behalf of the Company with regard to the Briar Obligations is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee, custodian, or similar officer, for the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. No action which Briar or the Company may take or refrain from taking with respect to the Briar Obligations, including any amendments thereto, shall affect the provisions of this Agreement or the obligations of Subordinated Lender hereunder. Any waiver or amendment hereunder must be evidenced by a signed writing of the party to be bound thereby and shall only be effective in the specific instance. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The headings in this Agreement are for convenience of reference only, and shall not alter or otherwise affect the meaning hereof.