Common use of Binding Effect; Several Agreement Clause in Contracts

Binding Effect; Several Agreement. This Agreement shall become effective as to any Grantor party hereto when a counterpart hereof executed on behalf of such Grantor shall have been delivered to the Collateral Trustee and a counterpart hereof shall have been executed on behalf of the Collateral Trustee, and thereafter shall be binding upon such Grantors and the Collateral Trustee and their respective permitted successors and assigns, and shall inure to the benefit of such Grantor, the Collateral Trustee and the other Secured Parties and their respective successors and assigns, except that no Grantor 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 and permitted (if addressed therein or, otherwise, not prohibited) by the other applicable Financing Documents. This Agreement shall be construed as a separate agreement with respect to each Grantor party hereto and may be amended, modified, supplemented, waived or released with respect to any such Grantor without the approval of any other Grantor party hereto and without affecting the obligations of any other such Grantor hereunder.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Dynegy Inc.), Guarantee and Collateral Agreement (Dynegy Inc.)

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Binding Effect; Several Agreement. This Agreement shall become effective as to any Grantor party hereto to this Agreement when a counterpart hereof executed on behalf of such Grantor party shall have been delivered to the Collateral Trustee Applicable Representative and a counterpart hereof shall have been executed on behalf of the Collateral TrusteeApplicable Representative, and thereafter shall be binding upon such Grantors party and the Collateral Trustee Applicable Representative and their respective permitted successors and assigns, and shall inure to the benefit of such Grantorparty, the Collateral Trustee Applicable Representative and the other Secured Parties and their respective permitted successors and assigns, except that no Grantor 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 and permitted (if addressed therein or, otherwiseafter the Discharge of Credit Agreement Obligations, not prohibited) by the other applicable Financing Documentsany Senior Secured Note Indenture. This Agreement shall be construed as a separate agreement with respect to each Grantor party hereto and may be amended, modified, supplemented, waived or released with respect to any such Grantor party without the approval of any other Grantor party hereto and without affecting the obligations of any other such Grantor 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 the Grantor party hereto and the Secured Party when a counterpart hereof executed on behalf of such Grantor party shall have been delivered to the Collateral Trustee Agent and a counterpart hereof shall have been executed on behalf of the Collateral TrusteeAgent, and thereafter shall be binding upon such Grantors the Grantor and the Collateral Trustee Secured Party and their respective permitted successors and assigns, and shall inure to the benefit of such the Grantor, the Collateral Trustee Secured Party and the other Secured Parties Collateral Agent and their respective permitted successors and assigns, except that no the Grantor shall not have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated or permitted by this Agreement, Agreement or the Credit Agreement and permitted (if addressed therein or, otherwise, not prohibited) by the other applicable Financing DocumentsAgreement. This Agreement shall be construed as a separate agreement with respect to each the Grantor party hereto and the Secured Party and may be amended, modified, supplemented, waived or released with respect to any such the Grantor or the Secured Party without the approval of any other the Grantor party hereto or the Secured Party, as the case may be, and without affecting the obligations of any other such the Grantor or the Secured Party, as the case may be, hereunder.

Appears in 2 contracts

Samples: Collateral Agreement (Level 3 Communications Inc), Collateral Agreement (Level 3 Communications Inc)

Binding Effect; Several Agreement. This Agreement shall become effective as to any Grantor party hereto when a counterpart hereof executed on behalf of such Grantor shall have been delivered to the Collateral Trustee and a counterpart hereof shall have been executed on behalf of the Collateral Trustee, and thereafter shall be binding upon such Grantors and the Collateral Trustee and their respective permitted successors and assigns, and shall inure to the benefit of such Grantor, the Collateral Trustee and the other First-Lien Secured Parties and their respective successors and assigns, except that no Grantor 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 and permitted (if addressed therein or, otherwise, not prohibited) by the other applicable Financing Documents. This Agreement shall be construed as a separate agreement with respect to each Grantor party hereto and may be amended, modified, supplemented, waived or released with respect to any such Grantor without the approval of any other Grantor party hereto and without affecting the obligations of any other such Grantor hereunder.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Dynegy Inc.)

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Binding Effect; Several Agreement. This Agreement shall become effective as to any Grantor party hereto to this Agreement when a counterpart hereof executed on behalf of such Grantor party shall have been delivered to the Collateral Trustee Agent and a counterpart hereof shall have been executed on behalf of the Collateral TrusteeCol- lateral Agent, and thereafter shall be binding upon such Grantors party and the Collateral Trustee Agent and their respective respec- tive permitted successors and assigns, and shall inure to the benefit of such Grantorparty, the Collateral Trustee Agent and the other Secured Parties and their respective permitted successors and assigns, except that no Grantor 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 and permitted (if addressed therein or, otherwise, not prohibited) or by the other applicable Financing DocumentsIndenture. This Agreement shall be construed as a separate agreement with respect to each Grantor party hereto and may be amended, modified, supplemented, waived or released with respect to any such Grantor without the approval of any other Grantor party hereto and without affecting the obligations of any other such Grantor hereunder.. Section 5.05

Appears in 1 contract

Samples: Pledge and Security Agreement (Concordia International Corp.)

Binding Effect; Several Agreement. This Agreement shall become effective on the Restructuring Date as to any Grantor party hereto to the Agreement that has executed a counterpart hereof and delivered same to the Administrative Agent (assuming the Collateral Agent has executed a counterpart hereof and also returned same to the Administrative Agent). This Agreement will thereafter become effective as to any other party to this Agreement when a counterpart hereof executed on behalf of such Grantor party shall have been delivered to the Collateral Trustee Administrative Agent and a counterpart hereof shall have been executed on behalf of the -28- Collateral TrusteeAgent, and and, in each case, thereafter shall be binding upon such Grantors party and the Collateral Trustee Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Grantorparty, the Collateral Trustee Agent and the other Second Lien Secured Parties and their respective permitted successors and assigns, except that no Grantor 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 or the Credit Agreement and permitted (if addressed therein or, otherwise, not prohibited) by the other applicable Financing DocumentsAgreement. This Agreement shall be construed as a separate agreement with respect to each Grantor party hereto and may be amended, modified, supplemented, waived or released with respect to any such Grantor party without the approval of any other Grantor party hereto and without affecting the obligations of any other such Grantor party hereunder.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Celanese CORP)

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