Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 34 contracts
Samples: Term Facility Guarantee and Collateral Agreement, Security Agreement (Houghton Mifflin Harcourt Co), Security Agreement (Houghton Mifflin Harcourt Co)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Administrative Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 24 contracts
Samples: Guarantee and Collateral Agreement, Lease Agreement (Chart Industries Inc), Credit Agreement (Claires Stores Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 14 contracts
Samples: Guarantee and Pledge Agreement, Guarantee and Pledge Agreement (Cbre Group, Inc.), Credit Agreement (Cbre Group, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 14 contracts
Samples: And Collateral Agreement (TRW Automotive Holdings Corp), Credit Agreement (Celanese CORP), Collateral Agreement (Celanese CORP)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 11 contracts
Samples: Collateral Agreement, Collateral Agreement (Verso Paper Corp.), Collateral Agreement (Verso Paper Corp.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 8 contracts
Samples: Credit Agreement (J C Penney Co Inc), Guarantee and Collateral Agreement (J C Penney Co Inc), Credit Agreement (J C Penney Co Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 8 contracts
Samples: Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp), Credit Agreement (Dennys Corp)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Cumulus Media Inc), Credit Agreement (Knoll Inc)
Binding Effect; Several Agreement. This Agreement shall will become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party shall have been party is delivered to the Collateral Agent and a counterpart hereof shall have been is executed on behalf of the Collateral Agent, and thereafter shall will be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall will inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or Agreement, the Credit Agreement. This Agreement shall will be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (PET Acquisition LLC), Intercreditor Agreement (PET Acquisition LLC), Intercreditor Agreement (PET Acquisition LLC)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Credit Party when a counterpart hereof executed on behalf of such Loan Credit Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Credit Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Credit Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Credit Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Credit Party and may be amended, modified, supplemented, waived or released with respect to any Loan Credit Party without the approval of any other Loan Credit Party and without affecting the obligations of any other Loan Credit Party hereunder.
Appears in 5 contracts
Samples: Lease Agreement (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released by the Agent with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 5 contracts
Samples: Collateral Agreement (EVERTEC, Inc.), Collateral Agreement, Collateral Agreement (EVERTEC, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementNote Documents. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 5 contracts
Samples: Collateral Agreement (Verso Paper Holdings LLC), Collateral Agreement (Verso Paper Holdings LLC), Collateral Agreement (Verso Paper LLC)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 5 contracts
Samples: Collateral Agreement (Anywhere Real Estate Group LLC), Collateral Agreement (Realogy Holdings Corp.), Collateral Agreement (Domus Holdings Corp)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent and the Collateral Agent, and thereafter shall be binding upon such Loan Party and party, the Administrative Agent, the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Administrative Agent, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 5 contracts
Samples: Guarantee And (Quality Distribution Inc), Guarantee and Collateral Agreement (Affinion Group, Inc.), Credit Agreement (Affinion Group, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or by the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Credit Party and may be amended, modified, supplemented, waived or released with respect to any Loan Credit Party without the approval of any other Loan Credit Party and without affecting the obligations of any other Loan Credit Party hereunder.
Appears in 5 contracts
Samples: Pledge and Security Agreement (Lannett Co Inc), Intercreditor Agreement (Lannett Co Inc), Pledge and Security Agreement (Lannett Co Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and permitted assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Community Health Systems Inc), Guarantee and Collateral Agreement (Community Health Systems Inc), Guarantee and Collateral Agreement (Community Health Systems Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Administrative Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementLoan Documents. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Verso Corp), Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Verso Quinnesec REP Holding Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and party, the Collateral Agent and each of their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreementany other Loan Document. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Noranda Aluminum Holding CORP), Guarantee and Collateral Agreement (Noranda Aluminum Holding CORP), Guarantee and Collateral Agreement (Noranda Aluminum Holding CORP)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 4 contracts
Samples: Credit Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC), Guarantee Agreement (Level 3 Communications Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Administrative Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 4 contracts
Samples: Guarantee Agreement (Hexion Inc.), Guarantee Agreement, Guarantee Agreement (Momentive Performance Materials Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Indenture Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party parry hereunder.
Appears in 4 contracts
Samples: Collateral Agreement, Collateral Agreement (Claires Stores Inc), Intercreditor Agreement (Claires Stores Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 3 contracts
Samples: Credit Agreement (SunCoke Energy Partners, L.P.), Credit Agreement (SunCoke Energy, Inc.), Credit Agreement (SunCoke Energy, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Pledged Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 3 contracts
Samples: Subsidiary Pledge Agreement (TRW Automotive Holdings Corp), Subsidiary Pledge Agreement (TRW Automotive Inc), Subsidiary Pledge Agreement (TRW Automotive Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent Agents and a counterpart hereof shall have been executed on behalf of the Collateral AgentAgents, and thereafter shall be binding upon such Loan Party party and the Collateral Agent Agents and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent Agents and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 3 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Claires Stores Inc), Guarantee and Collateral Agreement (Claires Stores Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Administrative Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementSecured Agreements. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Verso Paper Corp.), Guarantee and Collateral Agreement (Verso Paper Corp.), Guarantee and Collateral Agreement (Verso Paper Corp.)
Binding Effect; Several Agreement. This Agreement shall will become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party shall have been party is delivered to the Collateral Agent and a counterpart hereof shall have been is executed on behalf of the Collateral Agent, and thereafter shall will be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall will inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or under the Credit Agreement. This Agreement shall will be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 3 contracts
Samples: Collateral Agreement, Execution Version (Amneal Pharmaceuticals, Inc.), Guarantee and Collateral Agreement (Impax Laboratories, LLC)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Lender Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Cbre Group, Inc.), Guarantee Agreement (Cbre Group, Inc.), Guarantee Agreement
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and permitted assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) ), except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, restated, amended and restated, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Administrative Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or Agreement, the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 3 contracts
Samples: Collateral Agreement (AZEK Co Inc.), Term Loan Guarantee and Collateral Agreement (CPG Newco LLC), Term Loan Guarantee and Collateral Agreement (CPG Newco LLC)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and and, in each case, thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Second Lien Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder. Notwithstanding the forgoing, Article III, Article IV, Section 6.02 and Section 6.03 of this Agreement shall only be effective on and after the Restructuring Date.
Appears in 2 contracts
Samples: Guarantee and Pledge Agreement (BCP Crystal Holdings Ltd. 2), Guarantee and Pledge Agreement (Celanese CORP)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent Agents and a counterpart hereof shall have been executed on behalf of the Collateral AgentAgents, and thereafter shall be binding upon such Loan Party party and the Collateral Agent Agents and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent Agents and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Claires Stores Inc), Intercreditor Agreement (Claires Stores Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement, the Intercreditor Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Administrative Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Term Loan Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Realogy Group LLC), Guarantee and Collateral Agreement (Realogy Group LLC)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 2 contracts
Samples: Guarantee and Pledge Agreement (BCP Crystal Holdings Ltd. 2), Guarantee and Pledge Agreement (Celanese CORP)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementAgreements. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: Collateral Agreement (TransDigm Group INC), Collateral Agreement (TransDigm Group INC)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Second-Priority Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted not prohibited by this Agreement Agreement, the Notes Indenture or the Credit Agreementany other Notes Indenture Document. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released in accordance with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunderSection 5.09 or 5.13, as applicable.
Appears in 2 contracts
Samples: Collateral Agreement (DS Services of America, Inc.), Collateral Agreement (DS Services of America, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement). This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Rentech Inc /Co/), Guarantee and Collateral Agreement (Rentech Inc /Co/)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and permitted assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Second Lien Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: Intercreditor Agreement (Hawkeye Holdings, Inc.), Intercreditor Agreement (Hawkeye Holdings, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: Guarantee Agreement (Level 3 Communications Inc), Indemnity, Subrogation and Contribution Agreement (Level 3 Communications Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: Collateral Agreement (Level 3 Communications Inc), And Collateral Agreement (Fisher Scientific International Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan the Grantor and the Secured Party when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart counterparts hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party the Grantor and the Collateral Agent Secured Party and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partythe Grantor, the Secured Party and the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party the Grantor shall not have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan the Grantor and the Secured Party and may be amended, modified, supplemented, waived or released with respect to any Loan the Grantor or the Secured Party without the approval of any other Loan Party the Grantor or the Secured Party, as the case may be, and without affecting the obligations of any other Loan Party the Grantor or the Secured Party, as the case may be, hereunder.
Appears in 2 contracts
Samples: Collateral Agreement, Collateral Agreement (Level 3 Communications Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Zurn Water Solutions Corp), Collateral Agreement (TII Smart Solutions, Sociedad Anonima)
Binding Effect; Several Agreement. This Agreement Guaranty shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement Guaranty or the Credit Agreement. This Agreement Guaranty shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Ply Gem Holdings Inc
Binding Effect; Several Agreement. This Agreement shall will become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party shall have been party is delivered to the Collateral Agent and a counterpart hereof shall have been is executed on behalf of the Collateral Agent, and thereafter shall will be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall will inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or Agreement, the Credit AgreementIndenture. This Agreement shall will be construed as a separate agreement with respect to each Loan Party Grantor and may be amended, modified, supplemented, waived or released with respect to any Loan Party Grantor without the approval of any other Loan Party Grantor and without affecting the obligations of any other Loan Party Grantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Neiman Marcus Group LTD LLC), Patent Security Agreement (Neiman Marcus Group LTD LLC)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Guarantee and Collateral Agreement (Sportsmans Warehouse Holdings Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Administrative Agent and the other Secured Parties Lenders and their respective permitted successors and assigns, except that no Loan Party party hereto shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party hereto and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party hereto and without affecting the obligations of any other Loan Party party hereunder.
Appears in 2 contracts
Samples: Guaranty Agreement (Frank's International N.V.), Guaranty Agreement (Frank's International N.V.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party hereto shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party hereto and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party hereto and without affecting the obligations of any other Loan Party party hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Crestwood Midstream Partners LP), Guarantee and Collateral Agreement (Crestwood Midstream Partners LP)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the First-Lien Collateral Agent and a counterpart hereof shall have been executed on behalf of the First-Lien Collateral Agent, and thereafter shall be binding upon such Loan Party and the First-Lien Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the First-Lien Collateral Agent and the other Secured Parties (and, to the extent provided in Section 6.01, the Existing Senior Note Holders) and their respective successors and permitted assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) ), except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: First Lien Guarantee and Collateral Agreement (Univision Holdings, Inc.), Credit Agreement (Univision Communications Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Pacific Energy Resources LTD), Guarantee and Collateral Agreement (Pacific Energy Resources LTD)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof hereof, including by supplement, executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Oscar Health, Inc.), Credit Agreement (Oscar Health, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Rentech Inc /Co/)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart counterparts hereof executed on behalf of such Loan Party party shall have been delivered to the Administrative Agent and the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and party, the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the applicable Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Covalence Specialty Adhesives LLC)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent Trustee and a counterpart hereof shall have been executed on behalf of the Collateral AgentTrustee, and thereafter shall be binding upon such Loan Party party and the Collateral Agent Trustee and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent Trustee and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Samples: Collateral Agreement (Momentive Performance Materials Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement, the Credit Agreement or by the Credit AgreementContribution. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Smart & Final Stores, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent and the Collateral Agent, and thereafter shall be binding upon such Loan Party and party, the Administrative Agent, the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Administrative Agent, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Pledged Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral or Pledged Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementAgreements. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Land O Lakes Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Securities Purchase Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Guaranteed Parties and their respective permitted successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Guarantee Agreement (Alion Science & Technology Corp)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors successors, indorsees, transferees and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Credit Agreement (Diamond Resorts International, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Administrative Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or ,the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and permitted assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the ABL Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or by the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Credit Party and may be amended, modified, supplemented, waived or released with respect to any Loan Credit Party without the approval of any other Loan Credit Party and without affecting the obligations of any other Loan Credit Party hereunder.. Pledge and Security Agreement
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and party, the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder. In the event of any conflict between this Agreement and the terms of the Indenture, the terms of this Agreement shall govern.
Appears in 1 contract
Samples: Collateral Agreement (Aeroways, LLC)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Term Loan Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Sportsman's Warehouse Holdings, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no such Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementLoan Documents. This Agreement shall be construed as a separate agreement with respect to each Loan Party that is a party hereto and may be amended, modified, supplemented, waived or released with respect to any such Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the U.S. Collateral Agent and a counterpart hereof shall have been executed on behalf of the U.S. Collateral Agent, and thereafter shall be binding upon such Loan Party and the U.S. Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the U.S. Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Sensus Metering Systems Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or ,the Credit AgreementAgreement or by the Contribution. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Smart & Final Stores, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Second-Priority Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Pledged Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted not prohibited by this Agreement Agreement, the Notes Indenture or the Credit Agreementany other Notes Indenture Document. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released in accordance with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunderSection 5.09 or Section 5.13, as applicable.
Appears in 1 contract
Samples: Holdings Pledge Agreement (DS Services of America, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder. SECTION 7.05.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (CCC Information Services Group Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Indenture Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Second Lien Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Second Lien Guarantee and Collateral Agreement (Itc Deltacom Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Pledged Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted not prohibited by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party Pledgor and MYT Holdco and may be amended, modified, supplemented, waived or released with respect to any Loan Party Pledgor or MYT Holdco without the approval of any the other Loan Party and without affecting the obligations of any the other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement --------------------------------- shall become effective as to any Loan Credit Party when a counterpart hereof executed on behalf of such Loan Credit Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Credit Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Credit Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Credit Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Credit Party and may be amended, modified, supplemented, waived or released with respect to any Loan Credit Party without the approval of any other Loan Credit Party and without affecting the obligations of any other Loan Credit Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Term Loan Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Term Loan Credit Agreement (SunCoke Energy Partners, L.P.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Notes Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party Pledgor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer by any Loan Party shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreementother Loan Documents. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Samples: Joinder Agreement (Verso Corp)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Administrative Agent and the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and party, the Collateral Agent and each of their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Berry Global Group Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Administrative Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Realogy Holdings Corp.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Reaffirmation Agreement shall become effective as to any Loan Party party to this Reaffirmation Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated by the Foreign Subsidiary Guaranty or permitted by this Agreement or the Credit Amended Facility Agreement. This Reaffirmation Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Term Administrative Agent and the Revolving Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Samples: Credit Agreement (Dresser Inc)
Binding Effect; Several Agreement. This Agreement shall will become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party shall have been party is delivered to the Collateral Agent and a counterpart hereof shall have been is executed on behalf of the Collateral Agent, and thereafter shall will be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall will inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or under the Credit Agreement. This Agreement shall will be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder. Section 7.05.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Amneal Pharmaceuticals, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Administrative Agent and the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent and the Collateral Agent, and thereafter shall be binding upon such Loan Party Party, the Administrative Agent and the Collateral Agent and their respective permitted successors successors, indorsees, transferees and assigns, and shall inure to the benefit of such Loan Party, the Administrative Agent, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement the Security Documents or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall --------------------------------- become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Credit Agreement (Armkel LLC)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Guaranteed Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and permitted assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by (i) this Agreement or (ii) the Credit AgreementAgreement and each Pari Passu Agreement (in each case to the extent then in effect). This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Community Health Systems Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or by the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Credit Party and may be amended, modified, supplemented, waived or released with respect to any Loan Credit Party without the approval of any other Loan Credit Party and without affecting the obligations of any other Loan Credit Party hereunder.. Pledge and Security Agreement
Appears in 1 contract
Samples: Notes Pledge and Security Agreement (Lannett Co Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure enure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or by the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Party Grantor and may be amended, modified, supplemented, waived or released with respect to any Loan Party Grantor without the approval of any other Loan Party Grantor and without affecting the obligations of any other Loan Party Grantor hereunder.. Section 5.05
Appears in 1 contract
Samples: Pledge and Security Agreement (Concordia International Corp.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Administrative Agent and the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and party, the Collateral Agent and each of their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Noranda Aluminum Acquisition CORP)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and permitted assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Term Loan Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the First Lien Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: First Lien Guarantee and Collateral Agreement (Itc Deltacom Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party to this Agreement when a counterpart hereof executed on behalf of such Loan Party party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Loan Party party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party and may be amended, modified, supplemented, waived or released with respect to any Loan Party party without the approval of any other Loan Party party and without affecting the obligations of any other Loan Party party hereunder. In the event of any conflict between this Agreement and the terms of the Credit Agreement, the terms of this Agreement shall govern.
Appears in 1 contract
Samples: Guarantee and Pledge Agreement (Cke Restaurants Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral or Pledged Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such Loan Party and the Collateral Agent and their respective permitted successors and permitted assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent and the other Secured Parties and their respective successors and permitted assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party and may be amended, modified, supplemented, waived or released with respect to any Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Ssa Global Technologies, Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Party party hereto when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the Collateral Administrative Agent, and thereafter shall be binding upon such Loan Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Administrative Agent and the other Secured Guaranteed Parties and their respective successors and assigns, except that no Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Loan Party party hereto and may not be amended, modified, supplemented, waived or released with respect to any such Loan Party without the approval of any other Loan Party and without affecting the obligations of any other Loan Party hereunder.
Appears in 1 contract
