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 successors and assigns, shall be irrevocable and shall remain in full force and effect until the Obligations and indebtedness under the Oil and Gas Facility Agreements shall have been satisfied or paid in full in cash and the Lender shall no longer be obligated to make additional Revolving Credit Advances under the Loan Agreement and Agent and Lenders shall no longer be obligated to make additional Advances under the Oil and Gas Agreement, this Agreement 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behalf of the Company with regard to the Obligations or the indebtedness under the Oil and Gas Facility Agreements is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of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. Any waiver or amendment hereunder (including any amendment to Schedule 1 hereto) 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 New 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 Subordination 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 successors and assigns, shall be irrevocable and shall remain in full force and effect until the Obligations and indebtedness under the Oil and Gas Facility Agreements Senior Indebtedness shall have been satisfied or paid in full in cash and the Lender Credit Agreement shall no longer be obligated to make additional Revolving Credit Advances under the Loan Agreement and Agent and Lenders shall no longer be obligated to make additional Advances under the Oil and Gas Agreementhave terminated, this Agreement 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 Obligations or the indebtedness under the Oil and Gas Facility Agreements 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 occurrence of a receiver, intervenor or conservator of, or trustee, custodian, or similar officer, for the Company or any substantial part of its propertyan Event, or otherwise, all as though such payments had not been made. If any payment to the Subordinated Lender is turned over to the Agent and/or the Senior Lenders pursuant to the provisions of this Subordination Agreement and such payment is returned upon or as a result of the occurrence of an Event, the Agent shall reverse the application of such payments to the Senior Indebtedness and return such payment (without interest) to the Subordinated Lender. No action which the Agent, any Senior Lender or the Company may take or refrain from taking with respect to the Senior Indebtedness, including any amendments thereto, shall affect the provisions of this Subordination Agreement or the obligations of the Subordinated Lender hereunder. Any waiver or amendment hereunder (including any amendment to Schedule 1 hereto) must be evidenced by a signed writing of the party to be bound thereby, and shall only be effective in the specific instance. This Subordination Agreement shall be governed by and construed in accordance with the laws of the State of New York. The headings in this Subordination 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, subject to Sections 2.2(h) and 8, shall inure to the benefit of the parties hereto from time to time and their respective successors and assigns, shall be irrevocable and subject to Section 2.2(g) and any other provisions of this Agreement that provide that they are to survive the termination of this Agreement, shall remain in full force and effect until the Obligations Senior Indebtedness (other than contingent reimbursement and indebtedness under the Oil and Gas Facility Agreements indemnification obligations in respect of which no claim for payment has been asserted) shall have been satisfied or paid in full in cash and the Lender shall no longer be obligated commitments to make additional Revolving Credit Advances advance funds under the Loan Agreement and Agent and Lenders shall no longer be obligated to make additional Advances under the Oil and Gas Agreementhave been terminated, this Agreement 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 any Loan Party with regard to the Obligations or the indebtedness under the Oil and Gas Facility Agreements Senior Indebtedness is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Companyany Loan Party, 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 Loan Party or any substantial part of its property, or otherwise, all as though such payments had not been made. No action which Agent, any Lender or any Loan Party may take or refrain from taking with respect to the Senior Indebtedness, including any amendments thereto, shall affect the provisions of this Agreement or the obligations of Subordinated Lender hereunder. Any waiver or amendment hereunder (including any amendment to Schedule 1 hereto) 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 New 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 successors and assigns, shall be irrevocable and shall remain in full force and effect until the Obligations and indebtedness under the Oil and Gas Facility Agreements NewStar Indebtedness shall have been satisfied or indefeasibly paid in full in cash and the Lender Credit Agreement (and Lenders’ commitment to lend thereunder) shall no longer be obligated to make additional Revolving Credit Advances under the Loan Agreement and Agent and Lenders shall no longer be obligated to make additional Advances under the Oil and Gas Agreementhave been irrevocably terminated, this Agreement 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 Obligations or the indebtedness under the Oil and Gas Facility Agreements NewStar 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 Lenders, Agent or Company may take or refrain from taking with respect to the NewStar Indebtedness, including any amendments thereto, shall affect the provisions of this Agreement or the obligations of any Foreign Lender hereunder. Any waiver or amendment hereunder (including any amendment to Schedule 1 hereto) 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 New York. The headings in this Agreement are for convenience of reference only, and shall not alter or otherwise affect the meaning hereof.