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, Term Loan Credit Agreement (Houghton Mifflin Harcourt Co), Revolving Credit 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, Credit Agreement (Chart Industries Inc), Abl 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.), Amendment and Restatement 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: u.s. Guarantee and Collateral Agreement (TRW Automotive Holdings Corp), Guarantee and Collateral Agreement (Celanese CORP), Credit 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: Credit 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 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 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 6 contracts
Samples: Pledge and Security Agreement (Lannett Co Inc), Second Lien Credit and Guaranty 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 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 6 contracts
Samples: Guarantee and Collateral Agreement (DENNY'S Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys 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 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: Abl Guarantee and Collateral Agreement (PET Acquisition LLC), Term Loan Guarantee and Collateral Agreement (PET Acquisition LLC), Abl Guarantee and Collateral Agreement (PET Acquisition 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 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 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 Collateral Agreement (Quality Distribution Inc), Credit Agreement (Affinion Group, Inc.), Guarantee and Collateral Agreement (Affinion Group, Inc.)
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: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals 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 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 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, Senior Secured First Lien Notes Indenture (Claires Stores Inc), Collateral 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 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 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 4 contracts
Samples: Guarantee and Collateral Agreement (AZEK Co Inc.), Term Loan Guarantee and Collateral Agreement (AZEK Co Inc.), Term Loan Guarantee and Collateral Agreement (CPG Newco LLC)
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 4 contracts
Samples: Guarantee and Collateral Agreement (Amneal Pharmaceuticals, Inc.), Term Loan Guarantee and Collateral Agreement, Abl Guarantee and Collateral Agreement (Impax Laboratories, 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 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 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: Loan Modification 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 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: Abl 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 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 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: Guarantee and Collateral Agreement (Verso Paper Corp.), Credit Agreement (Verso Paper Corp.), Guarantee and Collateral Agreement (Verso Paper 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 3 contracts
Samples: Term Loan Credit Agreement, Guarantee and Collateral Agreement (Claires Stores Inc), Term Loan 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 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: Guarantee Agreement (Cbre Group, Inc.), Credit 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 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: First Tier Subsidiary Pledge Agreement (TRW Automotive Holdings Corp), Pledge Agreement (TRW Automotive Inc), Pledge Agreement (TRW Automotive Inc)
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 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: First Lien Credit Agreement (Hawkeye Holdings, Inc.), Second Lien Credit 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 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 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: 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 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 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 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 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), Guarantee and Collateral Agreement (Fisher Scientific 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 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 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: Revolving Credit Agreement (Frank's International N.V.), 364 Day Revolving Credit 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 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: Term Loan 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 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 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: Second Lien Guarantee and Collateral Agreement (Pacific Energy Resources LTD), First Lien 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 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 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: Guarantee and Collateral Agreement (TransDigm Group INC), Guarantee and 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 Applicable Representative and a counterpart hereof shall have been executed on behalf of the Collateral AgentApplicable Representative, and thereafter shall be binding upon such Loan Party party and the Collateral Agent Applicable Representative and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent Applicable Representative 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 AgreementAgreement or, after the Discharge of Credit Agreement Obligations, any Senior Secured Note Indenture. 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 (RBS Global Inc), Guarantee and Collateral Agreement (RBS Global 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 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: Credit Agreement (Crestwood Midstream Partners LP), Credit Agreement (Crestwood Midstream Partners LP)
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: u.s. Guaranty (Ply Gem Holdings Inc), u.s. Guaranty (Ply Gem 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 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 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: Abl 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 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 Notes Indenture or, after the termination of the Notes Indenture, any Other Second Lien 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 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 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
Samples: Abl Guarantee and Collateral Agreement (CPG Newco LLC)
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
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: First Lien 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 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 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 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 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 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 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 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 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
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 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: First Lien Term Loan Guarantee and Collateral Agreement (Smart & Final Stores, Inc.)
Binding Effect; Several Agreement. This Agreement shall become effective as to any Loan Note Party when a counterpart hereof executed on behalf of such Loan Note 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 Note Party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Note Party, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that no Loan Note 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 Agreement, the other Collateral Documents or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Loan Note Party and may be amended, modified, supplemented, waived or released with respect to any Loan Note Party without the approval of any other Loan Note Party and without affecting the obligations of any other Loan Note 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 Second-Lien Collateral Agent and a counterpart hereof shall have been executed on behalf of the Second-Lien Collateral Agent, and thereafter shall be binding upon such Loan Party and the Second-Lien Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Second-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 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 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 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 Credit Party party hereto when a counterpart hereof executed on behalf of such Loan Credit 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 Credit Party and the Collateral Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Credit Party, the Collateral Administrative Agent and the other Secured Guaranteed 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 party hereto and may be amended, modified, supplemented, waived or released with respect to any Loan such 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 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 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 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 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 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 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 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 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 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 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 Agreement, the Credit AgreementAgreement or, after the Discharge of Credit Agreement Obligations, any Senior Secured Note Indenture. 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 (Norwegian Cruise Line Holdings Ltd.)
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 Collateral Agreements 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 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 when a counterpart hereof executed on behalf of such Loan Party shall have been delivered to the Collateral Agent Lender and a counterpart hereof shall have been executed on behalf of the Collateral AgentLender, and thereafter shall be binding upon such Loan Party and the Collateral Agent Lender and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Party, the Collateral Agent Party and the other Secured Parties Lender 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 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 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.
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 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 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 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: u.s. Guarantee and Collateral Agreement (Sensus Metering Systems 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 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: Second Lien Bridge Credit Agreement (Berry Global Group Inc)
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 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 1 contract
Samples: Holdings Guarantee (New Skies Satellites Holdings Ltd.)
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.
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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.
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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.
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Samples: Credit Agreement (Dresser 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 Applicable First Lien Representative and a counterpart hereof shall have been executed on behalf of the Collateral AgentApplicable First Lien Representative, and thereafter shall be binding upon such Loan Party party and the Collateral Agent Applicable First Lien Representative and their respective permitted successors and assigns, and shall inure to the benefit of such Loan Partyparty, the Collateral Agent Applicable First Lien Representative 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 or, after the Discharge of Credit Agreement Obligations, any Other First Lien 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: Amendment Agreement (Hexion Specialty Chemicals, 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 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 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 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
