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

Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this Agreement shall continue to be effective (a) among the Senior Secured Parties and the Second Priority Secured Parties unless and until the Discharge of Senior Debt Obligations shall have occurred and (b) after a Discharge of Senior Debt Obligations, among the Second Priority Secured Parties unless and until such time at which there is only one class or series of Second Priority Debt. 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 any Grantor or any other Subsidiary of the Parent constituting Senior Debt 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. The parties hereto shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to any Borrower or any other Grantor shall include such Borrower or such other Grantor as debtor and debtor in possession and any receiver, trustee or similar person for such Borrower or such other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), Second Lien Credit Agreement (Pennsylvania Real Estate Investment Trust)

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Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this This Agreement shall continue to be effective (a) among the Senior Secured Parties and the Second Priority Secured Parties unless and until the Discharge of Senior Revolving Loan Debt Obligations shall have occurred or the final payment in full in cash of the Term Loan Debt and (b) after a Discharge the termination and release by each Term Loan Secured Party of Senior Debt Obligations, among any Liens to secure the Second Priority Secured Parties unless and until such time at which there is only one class or series of Second Priority Term Loan Debt. This is a continuing agreement of Lien subordination, lien subordination and the Senior Revolving Loan Secured Parties may continue, at any time and without notice to the Second Priority Representatives Term Loan Agent or any Second Priority Debt other Term Loan Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting Revolving Loan Debt in reliance hereof. The Term Loan Agent, for itself and on behalf of the Term Loan Secured Parties, hereby waives any right it may have under applicable law to revoke this Agreement or any other Subsidiary of the Parent constituting Senior Debt Obligations in reliance hereonprovisions of this Agreement. The Revolving Loan Agent, for itself and on behalf of the Revolving Loan Secured Parties, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. 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 which 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. The parties hereto shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to any Borrower or any other Grantor shall include such Borrower or such other Grantor as debtor and debtor in possession and any receiver, trustee or similar person for such Borrower or such other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding.

Appears in 2 contracts

Samples: Loan and Security Agreement (Latrobe Specialty Metals, Inc.), Intercreditor Agreement (Frederick's of Hollywood Group Inc /Ny/)

Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this Agreement shall continue to be effective (a) among the Senior Secured Parties and the Second Priority Secured Parties unless and until the Discharge of Senior Debt Obligations shall have occurred and (b) after a Discharge of Senior Debt Obligations, among the Second Priority Secured Parties unless and until such time at which there is only one class or series of Second Priority Debt. This is a continuing agreement of Lien subordination, and the Senior First Lien Secured Parties may continue, at any time and without notice to the Second Priority Representatives Lien Collateral Agent, the Third Lien Collateral Agent or any other Second Priority Debt Lien Secured Party or Third Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor or any other Subsidiary of the Parent Credit Party constituting Senior Debt First Lien 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. The parties hereto shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. The terms of this Agreement shall govern even if part or all of the Secured Obligations or the Liens securing payment and performance thereof are not perfected or are avoided, disallowed, set aside or otherwise invalidated in any judicial proceeding or otherwise. All references to any Borrower or any other Grantor Credit Party shall include such Borrower or such other Grantor Credit Party as debtor and debtor in possession and any receiver, trustee or similar person for such Borrower or such other Grantor any Credit Parties (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect: (a) with respect to any First Lien Representative, the First Lien Secured Parties represented by it and their First Lien Obligations, on the date on which the Discharge of First Lien Obligations has occurred, subject to the rights of the First Lien Secured Parties under Section 6.04; and (b) with respect to any Second Lien Representative, the Second Lien Secured Parties represented by it and their Second Lien Obligations, on the date on which the Discharge of Second Lien Obligations has occurred, subject to the rights of the Second Lien Secured Parties under Section 6.04; and (c) with respect to any Third Lien Representative, the Third Lien Secured Parties represented by it and their Third Lien Obligations, on the date on which no Third Lien Obligations of such Third Lien Secured Parties are any longer secured by, and no longer required to be secured by, any of the Collateral pursuant to the terms of the applicable Third Lien Debt Documents.

Appears in 1 contract

Samples: Intercreditor Agreement (Foresight Energy LP)

Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this Agreement shall continue to be effective (a) among the Senior Secured Parties and the Second Priority Secured Parties unless and until the Discharge of Senior Debt Obligations shall have occurred and (b) after a Discharge of Senior Debt Obligations, among the Second Priority Secured Parties unless and until such time at which there is only one class or series of Second Priority Debt. This is a continuing agreement of Lien subordination, and (x) the Senior First Lien Secured Parties may continue, at any time and without notice to the Second Priority Representatives First Lien Collateral Trustee or any Second Priority Debt Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor the Company or any Subsidiary constituting First Lien Obligations in reliance hereon and (y) the Second Lien Secured Parties may continue, at any time and without notice to any Second Lien Representative or any First Lien Secured Party, to extend credit and other Subsidiary financial accommodations and lend monies to or for the benefit of the Parent Company or any Subsidiary constituting Senior Debt Second Lien 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. The parties hereto shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to any Borrower the Company or any other Grantor shall include such Borrower the Company or such other Grantor as debtor and debtor in possession and any receiver, trustee or similar person for such Borrower the Company or such any other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect: (a) subject to the terms and conditions of Section 5.06 hereof, with respect to the First Lien Collateral Trustee, the First Lien Secured Parties represented by it and their First Lien Obligations, upon the Discharge of First Lien Obligations, subject to the rights of the First Lien Secured Parties under Section 6.04; and (b) subject to the terms and conditions of Section 5.06 hereof, with respect to any Second Lien Representative, the Second Lien Secured Parties represented by it and their Second Lien Obligations, upon the Discharge of Second Lien Obligations, subject to the rights of the Second Lien Secured Parties under Section 6.04.

Appears in 1 contract

Samples: Intercreditor Agreement (Triumph Group Inc)

Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.047.05, this Agreement shall continue to be effective (a) among until the Senior Secured Parties and the Second Priority Secured Parties unless and until date on which the Discharge of Senior First Priority Debt Obligations shall have in respect of each Series of First Priority Debt Obligations has occurred and (b) after a the Discharge of Senior Debt Obligations, among the Second Priority Secured Parties unless and until such time at which there is only one class or series of Second Priority DebtDebt Obligations in respect of each Series of Second Priority Debt Obligations has occurred. This is a continuing agreement of Lien subordination, and the Senior First Priority Secured Parties may continue, at any time and without notice to the Second Priority Representatives or any other Second Priority Debt Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor Holdco, the Borrower or any other Subsidiary of the Parent constituting Senior First Priority Debt Obligations in reliance hereon. The terms of this Agreement shall survive and continue in full force and effect in any Insolvency or Liquidation Proceeding. Each Representative, for itself and on behalf of the other Secured Parties under its Debt Facility, hereby waives any and all rights that such Secured Parties may now or hereafter have under applicable law to revoke this Agreement or any provisions of this Agreement. 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. The parties hereto shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to any Borrower or any other Grantor shall include such Borrower or such other Grantor as debtor and debtor in debtor-in-possession and any receiver, trustee liquidator, sequestrator, trustee, custodian, administrator or other officer in any applicable jurisdiction having similar person for such Borrower or such other powers over any Grantor (as the case may be) in any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Second Lien Credit Agreement (KC Holdco, LLC)

Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this Agreement shall continue to be effective (a) among the Senior Secured Parties and the Second Priority Secured Parties unless and until the Discharge of Senior Debt Obligations shall have occurred and (b) after a Discharge of Senior Debt Obligations, among the Second Priority Secured Parties unless and until such time at which there is only one class or series of Second Priority Debt. 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 any Grantor the Borrowers or any other Subsidiary of the Parent constituting Senior Debt 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. The parties hereto shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to any Borrower or any other Grantor shall include such Borrower or such other Grantor as debtor and debtor in possession and any receiver, trustee or similar person for such any Borrower or such any other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect: (a) subject to the terms and conditions of Section 5.06 hereof, with respect to any Senior Representative, the Senior Secured Parties represented by it and their Senior Obligations, upon the Discharge of Senior Debt Obligations, subject to the rights of the Senior Secured Parties under Section 6.04; and (b) with respect to any Second Priority Representative, the Second Priority Debt Parties represented by it and their Second Priority Debt Obligations, on the date on which no Second Priority Debt Obligations of such Second Priority Debt Parties are secured by, or required to be secured by, any of the Shared Collateral pursuant to the terms of the applicable Second Priority Debt Documents.

Appears in 1 contract

Samples: First Lien/Second Lien Intercreditor Agreement (Cloud Peak Energy Inc.)

Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this This Agreement shall continue to be effective (a) among the Senior Secured Parties and the Second for First Priority Secured Parties unless and Lenders until the Discharge of Senior Debt Obligations First Priority Claims shall have occurred and (b) after a Discharge of Senior Debt Obligations, among the for Second Priority Secured Parties unless and Lenders until such time at which there is only one class or series the Discharge of Second Priority DebtClaims shall have occurred. This is a continuing agreement of Lien subordination, lien subordination and (a) the Senior Secured Parties First Priority Lenders may continue, at any time and without notice to the Second Priority Representatives Agent or any Second Priority Debt PartyLender, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor the Company or any other Subsidiary Grantor constituting First Priority Claims on reliance hereof and (b) the Second Priority Lenders may continue, at any time and without notice to the First Priority Agent or any First Priority Lender, to extend credit and other financial accommodations to or for the benefit of the Parent Company or any other Grantor constituting Senior Debt Obligations in Second Priority Claims (including by means of purchasing any Notes issued by the Company) on reliance hereonhereof. Each of the Second Priority Agent, on behalf of itself and the Second Priority Lenders, and the First Priority Agent, on behalf of itself and the First Priority Lenders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. 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 which 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. The parties hereto shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to any Borrower or any other Grantor shall include such Borrower or such other Grantor as debtor and debtor in possession and any receiver, trustee or similar person for such Borrower or such other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Broadview Networks Holdings Inc)

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Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this This Agreement shall continue to be effective (a) among the Senior Secured Parties and the Second Priority Secured Parties unless and until the Discharge of Senior Debt Obligations shall have occurred First Priority Claims and (b) after a the Discharge of Senior Debt Obligations, among the Second Priority Secured Parties unless and until such time at which there is only one class or series of Second Priority DebtClaims shall have occurred. This is a continuing agreement of Lien subordination, lien subordination and (a) the Senior Secured Parties First Priority Lenders may continue, at any time and without notice to the Second Priority Representatives Agent or any Second Priority Debt PartyLender, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor the Company or any other Subsidiary Grantor constituting First Priority Claims on reliance hereof and (b) the Second Priority Lenders may continue, at any time and without notice to the First Priority Agent or any First Priority Lender, to extend credit and other financial accommodations to or for the benefit of the Parent Company or any other Grantor constituting Senior Debt Obligations in Second Priority Claims (including by means of purchasing any Notes issued by the Company) on reliance hereonhereof. Each of the Second Priority Agent, on behalf of itself and the Second Priority Lenders, and the First Priority Agent, on behalf of itself and the First Priority Lenders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. 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 which 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. The parties hereto shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to any Borrower or any other Grantor shall include such Borrower or such other Grantor as debtor and debtor in possession and any receiver, trustee or similar person for such Borrower or such other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Broadview Networks Holdings Inc)

Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this This Agreement shall continue to be effective until (ax) among the Senior Secured Parties and the Second Priority Secured Parties unless and until the Discharge of Senior Debt Credit Facility Claims and the Discharge of Priority Lien Obligations shall have occurred and or (by) after a Discharge of Senior Debt Obligations, among the Second Priority Secured Parties unless and until such time at which there is only one class or series Series of Second Priority DebtSecured Debt remains outstanding. This is a continuing agreement of Lien subordination, lien subordination and (a) the Senior Secured Parties Credit Facility Lenders may continue, at any time and without notice to the Second any Priority Representatives Lien Secured Party or any Second Priority Debt Subordinated Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting Credit Facility Claims on reliance hereof, (b) the Priority Lien Secured Parties may continue, at any time and without notice to the Credit Facility Agent or any Credit Facility Lender or any Subordinated Lien Secured Party, to extend credit and other Subsidiary financial accommodations to or for the benefit of any Grantor constituting Priority Lien Obligations (including by means of purchasing any Notes issued by Holdings) on reliance hereof and (c) the Subordinated Lien Secured Parties may continue, at any time and without notice to the Credit Facility Agent or any Credit Facility Lender or any Priority Lien Secured Party, to extend credit and other financial accommodations to or for the benefit of any Grantor constituting Subordinated Lien Obligations on reliance hereof. Each of the Parent constituting Senior Secured Debt Obligations in reliance hereonRepresentatives, on behalf of itself and the Secured Parties it represents, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. 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 which 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. The parties hereto shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to any Borrower or any other Grantor shall include such Borrower or such other Grantor as debtor and debtor in possession and any receiver, trustee or similar person for such Borrower or such other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (American Apparel, Inc)

Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this Agreement shall continue to be effective (a) among the Senior Secured Parties and the Second Priority Secured Parties unless and until the Discharge of Senior Debt Obligations shall have occurred and (b) after a Discharge of Senior Debt Obligations, among the Second Priority Secured Parties unless and until such time at which there is only one class or series of Second Priority Debt. This is a continuing agreement of Lien subordination, and the Senior First Lien Secured Parties may continue, at any time and without notice to the Second Priority Representatives Lien Collateral Agent or any other Second Priority Debt Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor or any other Subsidiary of the Parent Credit Party constituting Senior Debt First Lien 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. The parties hereto shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. The terms of this Agreement shall govern even if part or all of the Secured Obligations or the Liens securing payment and performance thereof are not perfected or are avoided, disallowed, set aside or otherwise invalidated in any judicial proceeding or otherwise. All references to any Borrower or any other Grantor Credit Party shall include such Borrower or such other Grantor Credit Party as debtor and debtor in possession and any receiver, trustee or similar person for such Borrower or such other Grantor any Credit Parties (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect: (a) with respect to any First Lien Representative, the First Lien Secured Parties represented by it and their First Lien Obligations, on the date on which no First Lien Obligations of such First Lien Secured Parties are any longer secured by, and no longer required to be secured by, any of Collateral pursuant to the terms of the applicable First Lien Debt Documents, subject to the rights of the First Lien Secured Parties under Section 6.06; and (b) with respect to any Second Lien Representative, the Second Lien Secured Parties represented by it and their Second Lien Obligations, on the date on which no Second Lien Obligations of such Second Lien Secured Parties are any longer secured by, and no longer required to be secured by, any of the Collateral pursuant to the terms of the applicable Second Lien Debt Documents.

Appears in 1 contract

Samples: Intercreditor Agreement (Stone Energy Corp)

Continuing Nature of this Agreement; Severability. Subject to Section 5.06 and Section 6.04, this Agreement shall continue to be effective (a) among the Senior Secured Parties and the Second Priority Secured Parties unless and until the Discharge of Senior Debt Obligations shall have occurred and (b) after a Discharge of Senior Debt Obligations, among the Second Priority Secured Parties unless and until such time at which there is only one class or series of Second Priority Debt. This is a continuing agreement of Lien subordination, and (x) the Senior Priority Lien Secured Parties may continue, at any time and without notice to the Second any Priority Representatives Lien Agent, any Parity Lien Secured Party or any Second Priority Debt Junior Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor the Company or any Subsidiary constituting Priority Lien Obligations in reliance hereon and (y) the Parity Lien Secured Parties may continue, at any time and without notice to the Parity Lien Collateral Trustee, any Priority Lien Secured Party or any Junior Lien Secured Party, to extend credit and other Subsidiary financial accommodations and lend monies to or for the benefit of the Parent Company or any Subsidiary constituting Senior Debt Parity Lien 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. The parties hereto shall endeavor in good good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to any Borrower the Company or any other Grantor shall include such Borrower the Company or such other Grantor as debtor and debtor in possession and any receiver, trustee or similar person for such Borrower the Company or such any other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect: (a) subject to the terms and conditions of Section 5.06 hereof, with respect to any Priority Lien Agent, the Priority Lien Secured Parties represented by it and their Priority Lien Obligations, upon the Discharge of Priority Lien Obligations, subject to the rights of the Priority Lien Secured Parties under Section 6.04; (b) subject to the terms and conditions of Section 5.06 hereof, with respect to the Parity Lien Collateral Trustee, the Parity Lien Secured Parties represented by it and their Parity Lien Obligations, upon the Discharge of Parity Lien Obligations, subject to the rights of Parity Lien Secured Parties under Section 6.04; and (c) with respect to the Junior Lien Collateral Trustee, the Junior Lien Secured Parties represented by it and their Junior Lien Obligations, upon the Discharge of Junior Lien Obligations, subject to the rights of Junior Lien Secured Parties under Section 6.04.

Appears in 1 contract

Samples: Indenture (CONSOL Mining Corp)

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