Common use of Continuing Nature of this Agreement; Severability Clause in Contracts

Continuing Nature of this Agreement; Severability. Subject to Section 6.04, this Agreement shall continue to be effective until the Discharge of Senior Obligations shall have occurred. This is a continuing agreement of Lien subordination, and the Senior Secured Parties may continue, at any time and without notice to the Second Priority Representatives or any Second Priority Debt Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Borrower or any Subsidiary constituting Senior Obligations in reliance hereon. The terms of this Agreement shall survive and continue in full force and effect in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Appears in 5 contracts

Samples: First Lien Credit Agreement (Focus Financial Partners Inc.), First Lien Credit Agreement (Focus Financial Partners Inc.), Credit Agreement (Canada Goose Holdings Inc.)

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Continuing Nature of this Agreement; Severability. Subject to Section 6.046.4 hereof, this Agreement shall continue to be effective until the Discharge of Senior Obligations Lender Claims shall have occurred. This is a continuing agreement of Lien subordination, lien subordination and the Senior Secured Parties Lenders may continue, at any time and without notice to the Second Priority Representatives Trustee or any Second Priority Debt PartyNoteholder, to extend credit and other financial accommodations and lend monies to or for the benefit of the Borrower Company or any Subsidiary other Grantor constituting Senior Obligations Lender Claims in reliance hereon. The terms of this Agreement shall survive survive, and shall continue in full force and effect effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Appears in 3 contracts

Samples: Intercreditor Agreement (Remy International, Inc.), Intercreditor Agreement (Securus Technologies, Inc.), Intercreditor Agreement (Telequip Labs, Inc.)

Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this Agreement shall continue to be effective until the Discharge of Senior Obligations shall have occurred. This is a continuing agreement of Lien subordination, and the Senior Secured Parties may continue, at any time and without notice to the Second Priority Representatives or any Second Priority Debt Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Borrower Obligors or any Subsidiary constituting Senior Obligations in reliance hereon. The terms of this Agreement shall survive and continue in full force and effect in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Appears in 3 contracts

Samples: First Lien/Second Lien Intercreditor Agreement (DISH Network CORP), Indenture (DISH Network CORP), Indenture Agreement (DISH Network CORP)

Continuing Nature of this Agreement; Severability. Subject to Section 6.04, this Agreement shall continue to be effective until the Discharge of Senior Obligations shall have occurred. This is a continuing agreement of Lien subordination, and the Senior Secured Parties may continue, at any time and without notice to the Second Priority Junior Representatives or any Second Priority Junior Debt Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Borrower or any Subsidiary constituting Senior Obligations in reliance hereon. The terms of this Agreement shall survive and continue in full force and effect in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Focus Financial Partners Inc.), Second Lien Credit Agreement (Focus Financial Partners Inc.)

Continuing Nature of this Agreement; Severability. Subject to Section 6.04, this Agreement shall continue to be effective until the Discharge of Senior Obligations shall have occurred. This is a continuing agreement of Lien subordination, and the Senior Secured Parties may continue, at any time and without notice to the Second Priority Representatives or any Second Priority Debt Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Borrower or any Subsidiary Grantor constituting Senior Obligations in reliance hereon. The terms of this Agreement shall survive and continue in full force and effect in any Insolvency or Liquidation Proceeding. Any If any provision of this Agreement that is prohibited held to be illegal, invalid or unenforceable in any jurisdiction shall not invalidate unenforceable, the legality, validity and enforceability of the remaining provisions hereof, and any such prohibition of this Agreement shall not be affected or unenforceability impaired thereby. The invalidity of a provision in any a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Appears in 2 contracts

Samples: Credit Agreement (Bright Horizons Family Solutions Inc.), Credit Agreement (Bright Horizons Family Solutions Inc.)

Continuing Nature of this Agreement; Severability. Subject to Section 6.046.4, this Agreement shall continue to be effective until the Discharge of Senior Obligations Lender Claims shall have occurred. This is a continuing agreement of Lien subordination, and the Senior Secured Parties Lenders may continue, at any time and without notice to the Second Priority Representatives Trustee or any Second Priority Debt PartyNoteholder, to extend credit and other financial accommodations and lend monies to or for the benefit of the Borrower Company or any Subsidiary constituting Senior Obligations Lender Claims in reliance hereon. The terms of this Agreement shall survive and continue in full force and effect in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Appears in 1 contract

Samples: Intercreditor Agreement (Indalex Holding Corp.)

Continuing Nature of this Agreement; Severability. Subject to Section 6.046.4, this Agreement shall continue to be effective until the Discharge of Senior Obligations Claims shall have occurredoccurred or such later time as all the Obligations in respect of the Second Priority Claims shall have been paid in full. This is a continuing agreement of Lien subordination, lien subordination and the Senior Secured Parties may continue, at any time and without notice to the each Second Priority Representatives Agent or any Second Priority Debt Secured Party, to create, increase, refinance, trade or extend credit and other financial accommodations and lend monies to or for the benefit of the Borrower or any Subsidiary constituting Senior Obligations Claims in reliance hereon. The terms of this Agreement shall survive survive, and shall continue in full force and effect effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Appears in 1 contract

Samples: Intercreditor Agreement (GMX Resources Inc)

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Continuing Nature of this Agreement; Severability. Subject to Section 6.046.4, this Agreement shall continue to be effective until the a Class Discharge of Senior Obligations shall have has occurred. This is a continuing agreement of Lien subordination, lien subordination and the Senior First-Lien Secured Parties may continue, at any time and without notice to the Second Priority Representatives Second-Lien Agent or any Second Priority Debt Second-Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Borrower Company or any Subsidiary other Grantor constituting Senior First-Lien Obligations in reliance hereon, subject to the limitations specified herein. The terms of this Agreement shall survive survive, and shall continue in full force and effect effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Appears in 1 contract

Samples: Intercreditor Agreement (Neenah Foundry Co)

Continuing Nature of this Agreement; Severability. Subject to Section 6.046.4, this Agreement shall continue to be effective until the Discharge of Senior Obligations Lender Claims shall have occurred. This is a continuing agreement of Lien subordination, lien subordination and the Senior Secured Parties Lenders may continue, at any time and without notice to the any Second Priority Representatives Agent or any Second Priority Debt Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Borrower Issuer or any Subsidiary other Grantor constituting Senior Obligations Lender Claims in reliance hereon. The terms of this Agreement shall survive survive, and shall continue in full force and effect effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereofhereof in any such jurisdiction, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Appears in 1 contract

Samples: Notes Intercreditor Agreement (TAMINCO ACQUISITION Corp)

Continuing Nature of this Agreement; Severability. Subject to Section 6.046.4, this Agreement shall continue to be effective until the Discharge of Senior Obligations Priority Claims shall have occurred. This is a continuing agreement of Lien subordination, lien subordination and the Senior Priority Secured Parties may continue, at any time and without notice to the Second any Junior Priority Representatives Agent or any Second Junior Priority Debt Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Borrower Company or any Subsidiary other Grantor constituting Senior Obligations Priority Claims in reliance hereon. The terms of this Agreement shall survive survive, and shall continue in full force and effect effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Appears in 1 contract

Samples: Intercreditor Agreement (Salem Media Group, Inc. /De/)

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