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

Continuing Nature of this Intercreditor Agreement; Severability. This Intercreditor Agreement shall continue to be effective until the Discharge of First Lien Debt shall have occurred or the final payment in full in cash of the Second Lien Debt and the termination and release by each Second Lien Secured Party of any Liens to secure the Second Lien Debt. This Intercreditor Agreement is a continuing agreement of lien subordination and the First Lien Secured Parties may continue, at any time and without notice to Second Lien Agent or any other Second Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting First Lien Debt in reliance hereof. Second Lien Agent, for itself and on behalf of the other Second Lien Secured Parties, hereby waives any right it may have under applicable law to revoke this Intercreditor Agreement or any of the provisions of this Intercreditor Agreement. The terms of this Intercreditor Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Intercreditor 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 Intercreditor Agreement; Severability. This Intercreditor Agreement shall continue to be effective until the earlier of (a) the Discharge of First Lien ABL Debt shall have occurred or (b) the final payment in full in cash of the Second Lien Noteholder Debt and the termination and release by each Second Lien Noteholder Secured Party of any Liens to secure the Second Lien Noteholder Debt. This Intercreditor Agreement is a continuing agreement of lien Lien subordination and the First Lien ABL Secured Parties may continue, at any time and without notice to Second Lien the Collateral Agent or any other Second Lien Noteholder Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor Borrower constituting First Lien ABL Debt in reliance hereofhereon and the Noteholder Secured Parties may purchase Notes constituting Noteholder Debt in reliance hereon. Second Lien Each of the Collateral Agent, for itself and on behalf of the other Second Lien Noteholder Secured Parties, and the ABL Lender, for itself and on behalf of the ABL Secured Parties, hereby waives any right it may have under applicable law to revoke this Intercreditor Agreement or any of the provisions of this Intercreditor Agreement. The terms of this Intercreditor Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Intercreditor 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 Intercreditor Agreement; Severability. This Intercreditor Agreement shall continue to be effective until the earlier of (a) the Discharge of First Lien ABL Debt shall have occurred or (b) the final payment in full in cash of the Second Lien Noteholder Debt and the termination and release by each Second Lien Noteholder Secured Party of any Liens to secure the Second Lien Noteholder Debt. This Intercreditor Agreement is a continuing agreement of lien Lien subordination and the First Lien ABL Secured Parties may continue, at any time and without notice to Second Lien the Collateral Agent or any other Second Lien Noteholder Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor Borrower constituting First Lien ABL Debt in reliance hereofhereon and the Noteholder Secured Parties may purchase Notes constituting Noteholder Debt in reliance hereon. Second Lien Each of the Collateral Agent, for itself and on behalf of the other Second Lien Noteholder Secured Parties, and the 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 Intercreditor Agreement or any of the provisions of this Intercreditor Agreement. The terms of this Intercreditor Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Intercreditor 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 Intercreditor Agreement; Severability. This Intercreditor Agreement shall continue to be effective until the earlier of (a) the Discharge of First Lien ABL Debt shall have occurred or (b) the final payment in full in cash of the Second Lien Noteholder Debt and the termination and release by each Second Lien Noteholder Secured Party of any Liens to secure the Second Lien Noteholder Debt. This Intercreditor Agreement is a continuing agreement of lien Lien subordination and the First Lien ABL Secured Parties may continue, at any time and without notice to Second Lien the Collateral Agent or any other Second Lien Noteholder Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor ABL Loan Party constituting First Lien ABL Debt in reliance hereofhereon and the Noteholder Secured Parties may purchase Notes constituting Noteholder Debt in reliance hereon. Second Lien Each of the Collateral Agent, for itself and on behalf of the other Second Lien Noteholder Secured Parties, and the ABL Lender, for itself and on behalf of the ABL Secured Parties, hereby waives any right it may have under applicable law to revoke this Intercreditor Agreement or any of the provisions of this Intercreditor Agreement. The terms of this Intercreditor Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Intercreditor 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 Intercreditor Agreement; Severability. This Intercreditor Agreement shall continue to be effective until the Discharge of First Lien Debt (including, for the avoidance of doubt, any First Lien Debt Excess) shall have occurred or the final payment in full in cash of the Second Lien Debt and the termination and release by each Second Lien Secured Party of any Liens to secure the Second Lien Debt. This Intercreditor Agreement is a continuing agreement of lien subordination and the First Lien Secured Parties may continue, at any time and without notice to Second Lien Agent or any other Second Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting First Lien Debt in reliance hereof. Second Lien Agent, for itself and on behalf of the other Second Lien Secured Parties, hereby waives any right it may have under applicable law to revoke this Intercreditor Agreement or any of the provisions of this Intercreditor Agreement. The terms of this Intercreditor Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Intercreditor 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 Intercreditor Agreement; Severability. This Intercreditor Agreement shall continue to be effective until the Discharge of First Lien Debt shall have occurred or the final payment in full in cash of the Second Junior Lien Debt and the termination and release by each Second Junior Lien Secured Party of any Liens to secure the Second Junior Lien Debt. This Intercreditor Agreement is a continuing agreement of lien subordination and the First Lien Secured Parties may continue, at any time and without notice to Second any Junior Lien Collateral Agent or any other Second Junior Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of any Grantor constituting First Lien Debt in reliance hereof. Second Each Junior Lien Collateral Agent, for itself and on behalf of the other Second Junior Lien Secured PartiesParties for whom it is acting as agent, hereby waives any right it may have under applicable law to revoke this Intercreditor Agreement or any of the provisions of this Intercreditor Agreement. The terms of this Intercreditor Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Intercreditor 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.