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

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the first to occur of the Discharge of Revolving Loan Debt and the Discharge of the Notes Debt. This is a continuing agreement of lien subordination and the Secured Parties may continue, at any time and without notice to the other Secured Parties, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting Revolving Loan Debt and/or Notes Debt (as applicable) in reliance hereof. Each of Notes Agent, for itself and on behalf of the Notes Secured Parties, and 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, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement 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.

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the first to occur of (a) the Discharge of Revolving Loan ABL Debt and or (b) the Discharge of the Notes Term Loan Debt. This is a continuing agreement of lien subordination and the Secured Parties may continue, at any time and without notice to the other Secured Parties, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting Revolving Loan ABL Debt and/or Notes Term Loan Debt (as applicable) in reliance hereof. Each of Notes Agent, for itself and on behalf of the Notes Secured Parties, and Revolving Term Loan Agent, for itself and on behalf of the Revolving Term Loan Secured Parties, and ABL Agent, for itself and on behalf of the ABL 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, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement 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.

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the first to occur Discharge of First Lien Debt shall have occurred or the final payment in full in cash of the Discharge of Revolving Loan Second Lien Debt and the Discharge termination and release by each Second Lien Secured Party of any Liens to secure the Notes Second Lien Debt. This is a continuing agreement of lien subordination and the First Lien Secured Parties may continue, at any time and without notice to the any Second Lien Agent or any other Second Lien Secured PartiesParty, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting Revolving Loan First Lien Debt and/or Notes Debt (as applicable) in reliance hereof. Each of Notes Second Lien Agent, for itself and on behalf of the Notes Secured Parties, and Revolving Loan Agent, for itself and on behalf of the Revolving Loan Second Lien 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, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement 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.

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the first to occur of the Discharge of Revolving Loan Debt and the Discharge of the Notes Term Loan Debt. This is a continuing agreement of lien subordination and the Secured Parties may continue, at any time and without notice to the other Secured Parties, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting Revolving Loan Debt and/or Notes any U.S, Grantor constituting Term Loan Debt (as applicable) in reliance hereof. Each of Notes Term Loan Agent, for itself and on behalf of the Notes Term Loan Secured Parties, and 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, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement 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.

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the first to occur Discharge of First Lien Debt shall have occurred or the final payment in full in cash of the Discharge of Revolving Loan Second Lien Debt and the Discharge termination and release by each Second Lien Secured Party of any Liens to secure the Notes Second Lien Debt. This is a continuing agreement of lien subordination and the First Lien Secured Parties may continue, at any time and without notice to the any Second Lien Agent or any other Second Lien Secured PartiesParty, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting Revolving Loan First Lien Debt and/or Notes Debt (as applicable) in reliance hereof. Each of Notes Second Lien Agent, for itself and on behalf of the Notes Second Lien Secured Parties, and Revolving Loan Agent, Parties for itself and on behalf of the Revolving Loan Secured Partieswhich it acts, 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, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement 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.

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the first to occur Discharge of Credit Facility Claims or the Discharge of Revolving Loan Debt and the Discharge of the Notes DebtIndenture Obligations shall have occurred. This is a continuing agreement of lien subordination and (a) the Secured Parties Credit Facility Claim Holders may continue, at any time and without notice to the other Secured PartiesIndenture Agent or any Indenture Holder, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any other Grantor constituting Revolving Loan Debt and/or Credit Facility Claims on reliance hereof and (b) the Indenture Holders may continue, at any time and without notice to the Credit Facility Agent or any Credit Facility Claim Holder, to extend credit and other financial accommodations to or for the benefit of the Company or any other Grantor constituting Indenture Obligations (including by means of purchasing any Notes Debt (as applicableissued by the Company) in on reliance hereof. Each of Notes the Indenture Agent, for itself and on behalf of itself and the Notes Secured PartiesIndenture Holders, and Revolving Loan the Credit Facility Agent, for itself and on behalf of itself and the Revolving Loan Secured PartiesCredit Facility Claim Holders, 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, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement 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.

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the first to occur of the Discharge of Revolving Loan Debt and the Discharge of the Notes ROW Debt. This is a continuing agreement of lien subordination and the Secured Parties may continue, at any time and without notice to the other Secured Parties, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting Revolving Loan Debt and/or Notes ROW Debt (as applicable) in reliance hereof. Each of Notes the Collateral Agent and each other European Agent, for itself and on behalf of the Notes ROW Secured Parties, and 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, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement 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.

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the first to occur of the Discharge of Revolving Loan Debt and the Discharge of the Notes Merger Loan Debt. This is a continuing agreement of lien subordination and the Secured Parties may continue, at any time and without notice to the other Secured Parties, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting Revolving Loan Debt and/or Notes Merger Loan Debt (as applicable) in reliance hereof, in each case in accordance with this Agreement. Each of Notes Agent, for itself and on behalf of the Notes Secured Parties, and Revolving Merger Loan Agent, for itself and on behalf of the Revolving Merger Loan Secured Parties, and Revolving Loan Lender, 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, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement 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.

Continuing Nature of this Agreement; Severability. This Subject to Section 5.7 (Reinstatement) and Section 6.4 (Avoidance Issues), this Agreement shall continue to be effective until the first to occur Discharge of First Lien Obligations shall have occurred or such later time as the Discharge of Revolving Loan Debt and the Discharge of the Notes DebtJunior Lien Obligations shall have occurred. This is a continuing agreement of lien subordination and the First Lien Obligations Secured Parties may continue, at any time and without notice to the Applicable Junior Lien Agent, any Junior Lien Obligations Representative (if different from the Applicable Junior Lien Agent) or any other Junior Lien Obligations Secured PartiesParty, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any Grantor other Pledgor constituting Revolving Loan Debt and/or Notes Debt (as applicable) First Lien Obligations in reliance hereof. Each of Notes Agent, for itself and on behalf of the Notes Secured Parties, and 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 Agreementhereon. The terms of this Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement which 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 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.