Binding Effect; Several Agreement. This Agreement shall become effective as to the Grantor and the Secured Party when a counterpart hereof executed on behalf of such 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 the Grantor and the Secured Party and their respective permitted successors and assigns, and shall inure to the benefit of the Grantor, the Secured Party and the Collateral Agent and their respective permitted successors and assigns, except that 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 by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to the Grantor and the Secured Party and may be amended, modified, supplemented, waived or released with respect to the Grantor or the Secured Party without the approval of the Grantor or the Secured Party, as the case may be, and without affecting the obligations of the Grantor or the Secured Party, as the case may be, hereunder.
Appears in 2 contracts
Samples: Loan Proceeds Note (Level 3 Communications Inc), Loan Proceeds Note (Level 3 Communications Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to the Grantor and the Secured Party any party to this Agreement when a counterpart hereof executed on behalf of such party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and and, in each case, thereafter shall be binding upon the Grantor such party and the Secured Party Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of the Grantorsuch party, the Secured Party and the Collateral Agent and the other Second Lien Secured Parties and their respective permitted successors and assigns, except that the Grantor no party 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 by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to the Grantor and the Secured Party each party and may be amended, modified, supplemented, waived or released with respect to the Grantor or the Secured Party any party without the approval of the Grantor or the Secured Party, as the case may be, any other party and without affecting the obligations of any other party hereunder. Notwithstanding the Grantor or forgoing, Article III, Article IV, Section 6.02 and Section 6.03 of this Agreement shall only be effective on and after the Secured Party, as the case may be, hereunderRestructuring Date.
Appears in 2 contracts
Samples: Guarantee and Pledge Agreement (BCP Crystal Holdings Ltd. 2), Guarantee and Pledge Agreement (Celanese CORP)
Binding Effect; Several Agreement. This Agreement shall become effective as to the Grantor and the Secured Party when a counterpart hereof executed on behalf of such party shall have been delivered to the Collateral Agent and a counterpart counterparts hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon the Grantor and the Secured Party and their respective permitted successors and assigns, and shall inure to the benefit of the Grantor, the Secured Party and the Collateral Agent and their respective permitted successors and assigns, except that 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 by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to the Grantor and the Secured Party and may be amended, modified, supplemented, waived or released with respect to the Grantor or the Secured Party without the approval of the Grantor or the Secured Party, as the case may be, and without affecting the obligations of the Grantor or the Secured Party, as the case may be, hereunder.
Appears in 2 contracts
Samples: Loan Proceeds Note Collateral Agreement, Loan Proceeds Note and Collateral Agreement (Level 3 Communications Inc)
Binding Effect; Several Agreement. This Agreement shall become effective as to the Grantor and the Secured Party any party to this Agreement when a counterpart hereof executed on behalf of such party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Col- lateral Agent, and thereafter shall be binding upon the Grantor such party and the Secured Party Collateral Agent and their respective respec- tive permitted successors and assigns, and shall inure to the benefit of the Grantorsuch party, the Secured Party and the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that the Grantor no party 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 by this Agreement or by the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to the each Grantor and the Secured Party and may be amended, modified, supplemented, waived or released with respect to the any Grantor or the Secured Party without the approval of the any other Grantor or the Secured Party, as the case may be, and without affecting the obligations of the any other Grantor or the Secured Party, as the case may be, hereunder.
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Binding Effect; Several Agreement. This Agreement shall become effective on the Restructuring Date as to any party to the Grantor Agreement that has executed a counterpart hereof and delivered same to the Secured Party 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 party shall have been delivered to the Collateral Administrative Agent and a counterpart hereof shall have been executed on behalf of the -28- Collateral Agent, and and, in each case, thereafter shall be binding upon the Grantor such party and the Secured Party Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of the Grantorsuch party, the Secured Party and the Collateral Agent and the other Second Lien Secured Parties and their respective permitted successors and assigns, except that the Grantor no party 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 by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to the Grantor and the Secured Party each party and may be amended, modified, supplemented, waived or released with respect to the Grantor or the Secured Party any party without the approval of the Grantor or the Secured Party, as the case may be, any other party and without affecting the obligations of the Grantor or the Secured Party, as the case may be, any other party hereunder.
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Binding Effect; Several Agreement. This Agreement shall become effective as to the Grantor and the Secured Party any party to this Agreement when a counterpart hereof executed on behalf of such 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 the Grantor such party and the Secured Party Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of the Grantorsuch party, the Secured Party and the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that the Grantor no party shall not 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 not prohibited by this Agreement or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to the Grantor Pledgor and the Secured Party MYT Holdco and may be amended, modified, supplemented, waived or released with respect to the Grantor Pledgor or the Secured Party MYT Holdco without the approval of the Grantor or the Secured Party, as the case may be, other and without affecting the obligations of the Grantor or the Secured Party, as the case may be, other hereunder.
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Binding Effect; Several Agreement. This Agreement shall become effective as to the Grantor and the Secured Party any party to this Agreement when a counterpart hereof executed on behalf of such 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 the Grantor such party and the Secured Party Agent and their respective permitted successors and assigns, and shall inure to the benefit of the Grantorsuch party, the Secured Party Agent and the Collateral Agent other Secured Parties and their respective permitted successors and assigns, except that the Grantor no party 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 by this Agreement or the Credit Agreement and the Notes Indenture or, after the termination of the Credit Agreement, the Notes Indenture and the First Lien Intercreditor Agreement, any Other First Lien Agreement. This Agreement shall be construed as a separate agreement with respect to the Grantor and the Secured Party each party and may be amended, modified, supplemented, waived or released with respect to the Grantor or the Secured Party any party without the approval of the Grantor or the Secured Party, as the case may be, any other party and without affecting the obligations of the Grantor or the Secured Party, as the case may be, any other party hereunder.
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