Continuing Agreement; Transfer of Notes. This Subordination Agreement is a continuing agreement of subordination and the Lenders may, from time to time and without notice to the Subordinated Creditors, extend credit to or make other financial arrangements with the Borrower in reliance hereon. This Subordination Agreement shall (a) remain in full force and effect until the Senior Indebtedness shall have been paid in cash in full and all Commitments terminated, (b) be binding upon the Subordinated Creditors, the Borrower and their respective successors, transferees and assigns, and (c) inure to the benefit of and be enforceable by the Administrative Agent and each Lender and their respective successors, transferees and assigns. Without limiting the generality of the foregoing, any Lender may, subject to the provisions of the Credit Agreement, assign or otherwise transfer the Senior Indebtedness held by it to any other Person, subject to Section 11.11 of the Credit Agreement and such other Person shall thereupon become vested with all the rights in respect thereof granted to such Lender herein or otherwise.
Continuing Agreement; Transfer of Notes. This Agreement shall (i) remain in full force and effect until the Obligations shall have been paid in full, (ii) be binding upon the Subordinated Creditors, the Company and their respective successors and assigns, heirs and legatees and (iii) inure to the benefit of and be enforceable by the Trustee on behalf of Holders and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (iii), any Holder may, subject to the provisions of the Indenture, assign or otherwise transfer any Note held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to such Holder herein or otherwise.
Continuing Agreement; Transfer of Notes. All warranties, representations and covenants made by Subordinated Creditor or Debtor herein or in any certificate or other instrument delivered by it or on its behalf shall be considered to have been relied upon by Lender and shall survive execution and delivery of the Loan Documents regardless of any investigation by or on behalf of any thereof. This Agreement is a continuing agreement and shall:(i) remain in full force and effect until the Senior Indebtedness shall have been paid in full; (ii) be binding upon Subordinated Creditor, Debtor and its successors and assigns and any subsequent holder of Subordinated Debt; and (iii) inure to the benefit of and be enforceable by Lender and its successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), Lender may assign or otherwise transfer the Notes or any other evidence of any Senior Indebtedness held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to such lender herein or otherwise.
Continuing Agreement; Transfer of Notes. This Agreement is a continuing agreement and (a) remains in full force and effect until the Senior Obligations have been paid in full, (b) is binding upon each of the Subordinated Creditors, the Borrower, the Senior Creditors and their respective successors, transferees, participants and assigns, and (c) inures to the benefit of and is enforceable by the Senior Creditors and each of the Subordinated Creditors and their successors, transferees, participants and assigns. Without limiting the generality of clause (c) above, any Senior Creditor may, in accordance with the Note Issuance Agreement, assign, participate or otherwise transfer the Senior Obligations in accordance with the Note Issuance Agreement to any other Person, which Person upon such transfer becomes vested with all or a portion of the rights in respect of such Senior Obligations granted to the Senior Creditors in this Agreement or otherwise. 27.
Continuing Agreement; Transfer of Notes. All representations, --------------------------------------- warranties and covenants made by either of the Subordinate Creditors or any of the Borrowers or on behalf of any of the Borrowers shall be considered to have been relied upon by the Senior Creditor and shall survive execution and delivery of the Loan Documents regardless of any investigation by or on behalf of the Senior Creditor or any discovery of any thereof. This Agreement is a continuing agreement and shall, (a) remain in full force and effect until the Senior Debt shall have been paid in full, (b) be binding upon the Subordinate Creditors, the Borrowers and their respective successors and assigns and any subsequent holder of Subordinated Debt, and (c) inure to the benefit of and be enforced by the Senior Creditor and the Senior Creditor's successors, transferees and assigns of the Senior Debt. Without limiting the generality of the foregoing, the Senior Creditor may assign or otherwise transfer the evidence of any Senior Debt held by the Senior Creditor to any other Person, and such other Person shall thereupon become vested with all the rights in respect thereof granted to the Senior Creditor herein or otherwise.
Continuing Agreement; Transfer of Notes. This Agreement is a continuing agreement of subordination and the Agents and the Banks may, from time to time and without notice to the Subordinated Creditors, lend money to or make other financial arrangements with the Borrower in reliance hereon. This Agreement shall (i) remain in full force and effect until the Obligations shall have been paid in full, (ii) be binding upon the Subordinated Creditors, the Borrower and their respective successors and assigns, heirs and legatees, and (iii) inure to the benefit of and be enforceable by the Administrative Agent on behalf of the Banks, the Agents and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (iii), any Bank may, subject to the provisions of the Credit Agreement, assign or otherwise transfer any Note held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to such Bank herein or otherwise.
Continuing Agreement; Transfer of Notes. This Agreement is a continuing agreement and (i) remains in full force and effect until the Financing Agreement Obligations have been paid in full, (ii) is binding upon the Collateral Agent, the Credit Parties, the Financing Agent and their respective successors, transferees, participants and assigns and (iii) inures to the benefit of and is enforceable by the Financing Agent and the Collateral Agent and their successors, transferees, participants and assigns. Without limiting the generality of clause (iii) above, the Financing Agent may, in accordance with the Financing Agreement, assign, participate or otherwise transfer the Financing Agreement Obligations to any other person or entity, which person or entity upon such transfer becomes vested with all the rights in respect of such Financing Agreement Obligations granted to the Financing Agent in this Agreement or otherwise.
Continuing Agreement; Transfer of Notes. (a) This Agreement is a continuing agreement and shall (i) remain in full force and effect until the Senior Obligations shall have been paid in full in cash or cash equivalents, and continue to be effective, or be reinstated, as the case may be, if at any time any payment of all or any part of the Senior Obligations is rescinded or must otherwise be returned upon the insolvency, bankruptcy or reorganization of the Borrower, all as though such payment had not been made, (ii) be binding upon each Subordinated Lender, the Borrower and their respective successors and assigns, and (iii) inure to the benefit of and be enforceable by OPIC and its successors and assigns.
(b) No holder of Subordinated Debt will sell, assign, pledge or otherwise dispose of any of the Subordinated Debt without the prior written consent of OPIC.
Continuing Agreement; Transfer of Notes. This Agreement is a continuing agreement and shall (i) remain in full force and effect until the Senior Debt shall have been paid in full, (ii) be binding upon the Subordinated Creditor, the Borrower and their respective successors and assigns, and (iii) inure to the benefit of and be enforceable by the Agent and the Banks and their respective successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), the Bank may assign or otherwise transfer its Note to any other person or entity, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to such Bank herein or otherwise.
Continuing Agreement; Transfer of Notes. This Agreement is a continuing agreement and shall (a) remain in full force and effect until the Senior Secured Obligations shall have fully satisfied or paid, (b) be binding upon Junior Lien Holder, each Issuer and Borrower and each of their respective successors and assigns, and (c) inure to the benefit of and be enforceable by Senior Lien Holder and FSA and each of their respective successors, transferees and assigns. Without limiting the generality of the foregoing clause (c), to the extent Senior Lien Holder or FSA assigns or otherwise transfers its rights or obligations under any Underlying Transaction Document to any other person or entity, such other person or entity shall thereupon become vested with all the rights in respect thereof granted to Senior Lien Holder or FSA, as applicable, under this Agreement or any Transaction Document. This Agreement shall terminate upon the Final Insurance Termination Date except with respect to Revived Claims and Sections 1.5, 3.2 and 3.11. LA/INTERCREDITOR AGREEMENT(FINAL) 14
