Common use of Continued Effectiveness of this Agreement Clause in Contracts

Continued Effectiveness of this Agreement. The terms of this Agreement, the subordination effected hereby, and the rights and the obligations of the Junior Creditor, the Borrowers, the Senior Creditor and any holders of the Senior Debt arising hereunder shall not be affected, modified or impaired in any manner or to any extent by the validity or enforceability of any of the Senior Debt Documents or the Junior Debt Documents, or any exercise or non-exercise of any right, power or remedy under or in respect of the Senior Debt or the Senior Debt Documents or the Junior Debt or the Junior Debt Documents. The Junior Creditor and each other holder of Junior Debt hereby acknowledges that the provisions of this Agreement are intended to be enforceable at all times, whether before the commencement of, after the commencement of, in connection with or premised on the occurrence of a Proceeding.

Appears in 1 contract

Samples: Subordination Agreement (Radiant Logistics, Inc)

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Continued Effectiveness of this Agreement. The terms of this Agreement, the subordination effected hereby, and the rights and the obligations of the Junior CreditorLender, the BorrowersObligors, the and Senior Creditor and any holders of the Senior Debt Lender arising hereunder shall not be affected, modified or impaired in any manner or to any extent by the validity or enforceability of any of the Senior Debt Documents or the Junior Debt Documents, or any exercise or non-exercise of any right, power or remedy under or in respect of the SFDOCS01/318383.4 22 Midway – Subordination Agreement Senior Debt or Debt, the Senior Debt Documents or Documents, the Junior Debt or the Junior Debt Documents. The Senior Lender and Junior Creditor and each other holder of Junior Debt Lender hereby acknowledges acknowledge that the provisions of this Agreement are intended to be enforceable at all times, whether before the commencement of, after the commencement of, in connection with or premised on the occurrence of a Proceeding.

Appears in 1 contract

Samples: Subordination Agreement (Midway Gold Corp)

Continued Effectiveness of this Agreement. The terms of this Agreement, the subordination effected hereby, and the rights and the obligations of the Junior CreditorLender, the BorrowersObligors, the Senior Creditor Lender and any holders of the Senior Debt arising hereunder shall not be affected, modified or impaired in any manner or to any extent by the validity or enforceability of any of the Senior Debt Documents Documents, or the Junior Debt Documents, or any exercise or non-exercise of any right, power or remedy under or in respect of the Senior Debt or Debt, the Senior Debt Documents or Documents, the Junior Debt or the Junior Debt Documents. The Junior Creditor and each other holder of Junior Debt Lender hereby acknowledges that the provisions of this Agreement are intended to be enforceable at all times, whether before the commencement of, after the commencement of, in connection with or premised on the occurrence of a Proceeding.

Appears in 1 contract

Samples: Subordination Agreement (Focus Venture Partners, Inc)

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Continued Effectiveness of this Agreement. The terms of this Agreement, the subordination effected hereby, and the rights and the obligations of the Junior CreditorCreditors, the BorrowersUS Obligors, the Senior Creditor Agent and any holders of the Senior Debt Creditors arising hereunder shall not be affected, modified or impaired in any manner or to any extent by the validity or enforceability of any of the Senior Debt Documents or the Junior Debt Documents, or any exercise or non-exercise of any right, power or remedy under or in respect of the Senior Debt or Debt, the Senior Debt Documents or Documents, the Junior Debt or the Junior Debt Documents. The Junior Creditor and each other holder of Junior Debt Creditors hereby acknowledges acknowledge that the provisions of this Agreement are intended to be enforceable at all times, whether before the commencement of, after the commencement of, in connection with or premised on the occurrence of a Proceeding.

Appears in 1 contract

Samples: Subordination Agreement (Evolving Systems Inc)

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