Common use of Continuing Subordination; Reinstatement Clause in Contracts

Continuing Subordination; Reinstatement. This Subordination Agreement shall create a continuing subordination and shall: (a) remain in full force and effect until the Senior Lenders have received payment in cash of the full amount of the Senior Indebtedness, all Letters of Credit have terminated and no further Commitments are outstanding under the Credit Agreement; provided however, that Section 5.1(b) shall remain in effect until 91 days after such time; (b) be binding upon the Subordinated Creditor and its successors and assigns; and (c) inure, together with the rights and remedies of the Senior Lenders, to the benefit of and be enforceable by the Senior Lenders and their successors and assigns for their benefit and for the benefit of any other Person entitled to the benefit of any Loan Documents from time to time, including any permitted assignee of some or all of the Loan Documents. Subordinated Creditor agrees that following such termination this Subordination Agreement shall be automatically reinstated if for any reason any payment made on the Senior Indebtedness is rescinded or must be otherwise restored by any Senior Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise.

Appears in 5 contracts

Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp)

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Continuing Subordination; Reinstatement. This Subordination Agreement shall create a continuing subordination and shall: (a) remain in full force and effect until the Senior Lenders have Lender has received payment in cash of the full amount of the Senior Indebtedness, all Letters of Credit have terminated Indebtedness and no further Commitments are outstanding under the Credit Agreement; provided provided, however, that Section 5.1(b) shall remain in effect until 91 days after such time; (b) be binding upon the Subordinated Creditor and its successors and assigns; and (c) inure, together with the rights and remedies of the Senior LendersLender, to the benefit of and be enforceable by the Senior Lenders Lender and their its successors and assigns for their benefit and for the benefit of any other Person entitled to the benefit of any Loan Documents from time to time, including any permitted assignee of some or all of the Loan Documents. Subordinated Creditor agrees that following such termination this Subordination Agreement shall be automatically reinstated if for any reason any payment made on the Senior Indebtedness is rescinded or must be otherwise restored by any the Senior Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise.

Appears in 2 contracts

Samples: Contribution Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp)

Continuing Subordination; Reinstatement. This Subordination Agreement shall create a continuing subordination and shall: (a) remain in full force and effect until the Senior Lenders have received payment in cash of the full amount of the Senior Indebtedness, all Letters of Credit have terminated and no further Commitments are outstanding under the 364-Day Credit Agreement; provided however, that Section 5.1(b) shall remain in effect until 91 days after such time; (b) be binding upon the Subordinated Creditor and its successors and assigns; and (c) inure, together with the rights and remedies of the Senior Lenders, to the benefit of and be enforceable by the Senior Lenders and their successors and assigns for their benefit and for the benefit of any other Person entitled to the benefit of any Loan Documents from time to time, including any permitted assignee of some or all of the Loan Documents. Subordinated Creditor agrees that following such termination this Subordination Agreement shall be automatically reinstated if for any reason any payment made on the Senior Indebtedness is rescinded or must be otherwise restored by any Senior Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Enbridge Energy Partners Lp)

Continuing Subordination; Reinstatement. This Subordination Agreement shall create a continuing subordination and shall: (a) remain in full force and effect until the Senior Lenders have received payment in cash of the full amount of the Senior Indebtedness, all Letters of Credit have terminated Indebtedness and no further Commitments are outstanding under the Credit Agreement; provided however, that Section 5.1(b) shall remain in effect until 91 days after such time; (b) be binding upon the Subordinated Creditor and its successors and assigns; and (c) inure, together with the rights and remedies of the Senior Lenders, to the benefit of and be enforceable by the Senior Lenders and their successors and assigns for their benefit and for the benefit of any other Person entitled to the benefit of any Loan Documents from time to time, including any permitted assignee of some or all of the Loan Documents. Subordinated Creditor agrees that following such termination this Subordination Agreement shall be automatically reinstated if for any reason any payment made on the Senior Indebtedness is rescinded or must be otherwise restored by any Senior Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Questar Market Resources Inc)

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Continuing Subordination; Reinstatement. This Subordination Agreement shall create a continuing subordination and shall: (a) remain in full force and effect until the Senior Lenders have Lender has received payment in cash of the full amount of the Senior Indebtedness, all Letters of Credit have terminated Indebtedness and no further Commitments are outstanding under the Credit Agreement; provided however, that Section 5.1(b) shall remain in effect until 91 days after such time; (b) be binding upon the Subordinated Creditor and its successors and assigns; and (c) inure, together with the rights and remedies of the Senior LendersLender, to the benefit of and be enforceable by the Senior Lenders Lender and their its successors and assigns for their benefit and for the benefit of any other Person entitled to the benefit of any Loan Documents from time to time, including any permitted assignee of some or all of the Loan Documents. Subordinated Creditor agrees that following such termination this Subordination Agreement shall be automatically reinstated if for any reason any payment made on the Senior Indebtedness is rescinded or must be otherwise restored by any the Senior Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise.

Appears in 1 contract

Samples: Credit Agreement (Enbridge Energy Partners Lp)

Continuing Subordination; Reinstatement. This Subordination Agreement shall create a continuing subordination and shall: (a) remain in full force and effect until the Senior Lenders have received payment in cash of the full amount of the Senior Indebtedness, all Letters of Credit have terminated Indebtedness and no further Commitments are outstanding H-712479.11 under the Credit Agreement; provided however, that Section 5.1(b) shall remain in effect until 91 days after such time; (b) be binding upon the Subordinated Creditor and its successors and assigns; and (c) inure, together with the rights and remedies of the Senior Lenders, to the benefit of and be enforceable by the Senior Lenders and their successors and assigns for their benefit and for the benefit of any other Person entitled to the benefit of any Loan Documents from time to time, including any permitted assignee of some or all of the Loan Documents. Subordinated Creditor agrees that following such termination this Subordination Agreement shall be automatically reinstated if for any reason any payment made on the Senior Indebtedness is rescinded or must be otherwise restored by any Senior Lender, whether as a result of any proceedings in bankruptcy or reorganization or otherwise.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Questar Market Resources Inc)

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