Common use of Continuing Validity of Obligations Clause in Contracts

Continuing Validity of Obligations. The agreements and obligations of the Borrower hereunder are continuing agreements and obligations, and are absolute and unconditional irrespective of the genuineness, validity or enforceability of the Loan Agreement, the Note or any other instrument or instruments now or hereafter evidencing the Debt or any part thereof or of the Loan Documents or any other agreement or agreements now or hereafter entered into by the Lender and the Borrower pursuant to which the Debt or any part thereof is issued or of any other circumstance which might otherwise constitute a legal or equitable discharge of such agreements and obligations. Without limitation upon the foregoing, such agreements and obligations shall continue in full force and effect as long as the Debt or any part thereof remains outstanding and unpaid and shall remain in full force and effect without regard to and shall not be released, discharged or in any way affected by (i) any renewal, refinancing or refunding of the Debt in whole or in part, (ii) any extension of the time of payment of the Note or other instrument or instruments now or hereafter evidencing the Debt, or any part thereof, (iii) any compromise or settlement with respect to the Debt or any part thereof, or any forbearance or indulgence extended to the Borrower, (iv) any amendment to or modification of the terms of the Note or other instrument or instruments now or hereafter evidencing the Debt or any part thereof or any other agreement or agreements now or hereafter entered into by the Lender and the Borrower pursuant to which the Debt or any part thereof is issued or secured, (v) any substitution, exchange, or release of a portion of, or failure to preserve, perfect or protect, or other dealing in respect of, the Pledged Shares or any other property or any security for the payment of the Debt or any part thereof, (vi) any bankruptcy, insolvency, arrangement, composition, assignment for the benefit of creditors or similar proceeding commenced by or against the Borrower, (vii) any dissolution, liquidation or termination of the Borrower for any reason whatsoever or (viii) any other matter or thing whatsoever whereby the agreements and obligations of the Borrower hereunder, would or might otherwise be released or discharged. The Borrower hereby waives notice of the acceptance of this Agreement by the Lender.

Continuing Validity of Obligations. The agreements and obligations of the Borrower hereunder are continuing agreements and obligations, and are absolute and unconditional irrespective of the genuineness, validity or enforceability of the Loan Agreement, the Note Financing Documents or any other instrument or instruments now or hereafter evidencing the Debt or any part thereof or of the Loan Documents or any other agreement or agreements now or hereafter entered into by the Lender and the Borrower pursuant to which the Debt or any part thereof is issued or of any other circumstance which might otherwise constitute a legal or equitable discharge of such agreements and obligations. Without limitation upon the foregoing, such agreements and obligations shall continue in full force and effect as long as the Debt or any part thereof remains outstanding and unpaid and shall remain in full force and effect without regard to and shall not be released, discharged or in any way affected by (i) any renewal, refinancing or refunding of the Debt in whole or in part, (ii) any extension of the time of payment of the Note or other instrument or instruments now or hereafter evidencing the Debt, or any part thereof, (iii) any compromise or settlement with respect to the Debt or any part thereof, or any forbearance or indulgence extended to the Borrower, (iv) any amendment to or modification of the terms of the Note or other instrument or instruments now or hereafter evidencing the Debt or any part thereof or any other agreement or agreements now or hereafter entered into by the Lender and the Borrower pursuant to which the Debt or any part thereof is issued or secured, (v) any substitution, exchange, or release of a portion of, or failure to preserve, perfect or protect, or other dealing in respect of, the Pledged Shares or any other property or any security for the payment of the Debt or any part thereof, (vi) any bankruptcy, insolvency, arrangement, composition, assignment for the benefit of creditors or similar proceeding commenced by or against the Borrower, (vii) any dissolution, liquidation or termination of the Borrower for any reason whatsoever or (viii) any other matter or thing whatsoever whereby the agreements and obligations of the Borrower hereunder, would or might otherwise be released or discharged. The Borrower hereby waives notice of the acceptance of this Agreement by the Lender.

Continuing Validity of Obligations. The agreements and obligations of the Borrower hereunder are continuing agreements and obligations, and are absolute and unconditional irrespective of the genuineness, validity or enforceability of the Loan Agreement, the Note or any other instrument or instruments now or hereafter evidencing the Debt Note or any part thereof or of the Loan Documents or any other agreement or agreements now or hereafter entered into by the Lender and the Borrower pursuant to which the Debt Loan or any part thereof is issued or of any other circumstance which might otherwise constitute a legal or equitable discharge of such agreements and obligations. Without limitation upon the foregoing, such agreements and obligations shall continue in full force and effect as long as the Debt Note or any part thereof remains outstanding and unpaid and shall remain in full force and effect without regard to and shall not be released, discharged or in any way affected by (i) any renewal, refinancing or refunding of the Debt Note in whole or in part, (ii) any extension of the time of payment of the Note or other instrument or instruments now or hereafter evidencing the DebtLoan, or any part thereof, (iii) any compromise or settlement with respect to the Debt Loan or any part thereof, or any forbearance or indulgence extended to the Borrower, (iv) any amendment to or modification of the terms of the Note or other instrument or instruments now or hereafter evidencing the Debt Loan or any part thereof or any other agreement or agreements now or hereafter entered into by the Lender and the Borrower pursuant to which the Debt Loan or any part thereof is issued or secured, (v) any substitution, exchange, or release of a portion of, or failure to preserve, perfect or protect, or other dealing in respect of, the Pledged Shares Collateral or any other property or any security for the payment of the Debt or any part thereofNote, (vi) any bankruptcy, insolvency, arrangement, composition, assignment for the benefit of creditors or similar proceeding commenced by or against the Borrower, (vii) any dissolution, liquidation or termination of the Borrower for any reason whatsoever or (viii) any other matter or thing whatsoever whereby the agreements and obligations of the Borrower hereunder, would or might otherwise be released or discharged. The Borrower hereby waives notice of the acceptance of this Security Agreement by the Lender.

Continuing Validity of Obligations. The agreements and obligations of the Borrower hereunder are continuing agreements and obligations, and are absolute and unconditional irrespective of the genuineness, validity or enforceability of any of the Loan Agreement, the Note Notes or any other instrument or instruments now or hereafter evidencing the Debt or any part thereof or of the Loan Documents Notes, this Agreement, or any other agreement or agreements now or hereafter entered into by the Lender and the Borrower pursuant to which the Debt or any part thereof is issued or of any other circumstance Agent which might otherwise constitute a legal or equitable discharge of such agreements and obligationsobligations other than payment in full of the Notes. Without limitation upon limiting the foregoing, such agreements and obligations shall continue in full force and effect as long as the Debt Notes or any part thereof remains outstanding and unpaid and shall remain in full force and effect without regard to and shall not be released, discharged or in any way affected by (i) any renewal, refinancing or refunding of the Debt Notes in whole or in part, (ii) any extension of the time of payment of any of the Note Notes or other instrument or instruments now or hereafter evidencing the Debt, Notes or any part thereof, (iii) any compromise or settlement with respect to the Debt Notes or any part thereof, or any forbearance or indulgence extended to the Borrower, (iv) any amendment to or modification of the terms of any of the Note Notes or other instrument or instruments now or hereafter evidencing the Debt Notes or any part thereof or any other agreement or agreements now or hereafter entered into by the Lender and the Borrower pursuant to which the Debt or any part thereof is issued or securedAgent, (v) any substitution, exchange, exchange or release of a portion of, or failure to preserve, perfect or protect, or other dealing in respect of, the Pledged Shares Collateral or any other property or any security for the payment of the Debt Notes or any part thereof, (vi) any bankruptcy, insolvency, arrangement, composition, assignment for the benefit of creditors or similar proceeding commenced by or against the Borrower, or (vii) any dissolution, liquidation or termination of the Borrower for any reason whatsoever or (viii) any other matter or thing whatsoever whereby any of the agreements and obligations of Borrower under the Notes or of Borrower hereunder, hereunder or any other agreement would or might otherwise be released or dischargeddischarged other than payment in full of the Notes. The Borrower hereby waives notice of the acceptance of this Agreement by Agent. To the Lenderextent that Borrower makes a payment or payments to Agent or Agent receives any payment or proceeds of the Collateral, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds, the Notes or part thereof intended to be satisfied and this Agreement shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by such party.

Continuing Validity of Obligations. The Until the earlier of the Release Date or Payment In Full, the agreements and obligations of the Borrower Grantors hereunder are continuing agreements and obligations, and are absolute and unconditional irrespective of the genuineness, validity or enforceability of the Loan Credit Agreement, the Note Notes or any other instrument or instruments now or hereafter evidencing the Debt Obligations or any part thereof or of the Loan Documents or any other agreement or agreements now or hereafter entered into by the Administrative Agent or any Lender and the Borrower any Grantor pursuant to which the Debt Obligations or any part thereof is issued or of any other circumstance which might otherwise constitute a legal or equitable discharge of such agreements and obligations. Without limitation upon the foregoing, such agreements and obligations of a Grantor hereunder shall continue in full force and effect as long as the Debt Obligations or any part thereof remains remain outstanding and unpaid and shall remain in full force and effect without regard to and shall not be released, discharged or in any way affected by (i) any renewal, refinancing or refunding of the Debt Obligations in whole or in part, (ii) any extension of the time of payment of the Note Notes or other instrument or instruments now or hereafter evidencing the DebtObligations, or any part thereof, (iii) any compromise or settlement with respect to the Debt Obligations or any part thereof, or any forbearance or indulgence extended to the Borrowerany Grantor, (iv) any amendment to or modification of the terms of the Note Notes or other instrument or instruments now or hereafter evidencing the Debt Obligations or any part thereof or any other agreement or agreements now or hereafter entered into by the Administrative Agent or any Lender and the Borrower any Grantor pursuant to which the Debt Obligations or any part thereof is issued or secured, (v) any substitution, exchange, or release of a portion of, or failure to preserve, perfect or protect, or other dealing in respect of, any of the Pledged Shares Collateral or any other property or any security for the payment of the Debt Obligations or any part thereof, (vi) any bankruptcy, insolvency, arrangement, composition, assignment for the benefit of creditors or similar proceeding commenced by or against the Borrowerany Grantor, (vii) any dissolution, liquidation or termination of the Borrower any Grantor for any reason whatsoever or (viii) any other matter or thing whatsoever whereby the agreements and obligations of the Borrower Grantors hereunder, would or might otherwise be released or discharged, in whole or in part. The Borrower Each Grantor hereby waives notice of the acceptance of this Security Agreement by the LenderAdministrative Agent.

Continuing Validity of Obligations. The agreements and obligations of the Borrower Grantors hereunder are continuing agreements and obligations, and are absolute and unconditional irrespective of the genuineness, validity or enforceability of the Loan Credit Agreement, the Note Notes or any other instrument or instruments now or hereafter evidencing the Debt Obligations or any part thereof or of the Loan Documents or any other agreement or agreements now or hereafter entered into by the Administrative Agent or any Lender and the Borrower Grantors pursuant to which the Debt Obligations or any part thereof is issued or of any other circumstance which might otherwise constitute a legal or equitable discharge of such agreements and obligations. Without limitation upon the foregoing, such agreements and obligations shall continue in full force and effect as long as the Debt Obligations or any part thereof remains remain outstanding and unpaid and shall remain in full force and effect without regard to and shall not be released, discharged or in any way affected by (i) any renewal, refinancing or refunding of the Debt Obligations in whole or in part, (ii) any extension of the time of payment of the Note Notes or other instrument or instruments now or hereafter evidencing the DebtObligations, or any part thereof, (iii) any compromise or settlement with respect to the Debt Obligations or any part thereof, or any forbearance or indulgence extended to the BorrowerGrantors, (iv) any amendment to or modification of the terms of the Note Notes or other instrument or instruments now or hereafter evidencing the Debt Obligations or any part thereof or any other agreement or agreements now or hereafter entered into by the Administrative Agent or any Lender and the Borrower Grantors pursuant to which the Debt Obligations or any part thereof is issued or secured, (v) any substitution, exchange, or release of a portion of, or failure to preserve, perfect or protect, or other dealing in respect of, the Pledged Shares Collateral or any other property or any security for the payment of the Debt Obligations or any part thereof, (vi) any bankruptcy, insolvency, arrangement, composition, assignment for the benefit of creditors or similar proceeding commenced by or against the BorrowerGrantors, (vii) any dissolution, liquidation or termination of the Borrower Grantors for any reason whatsoever or (viii) any other matter or thing whatsoever whereby the agreements and obligations of the Borrower Grantors hereunder, would or might otherwise be released or discharged. The Borrower Each Grantor hereby waives notice of the acceptance of this Security Agreement by the LenderAdministrative Agent.

Continuing Validity of Obligations. The agreements and obligations of the Borrower Grantors hereunder are continuing agreements and obligations, and are absolute and unconditional irrespective of the genuineness, validity or enforceability of the Loan Credit Agreement, the Note Notes or any other instrument or instruments now or hereafter evidencing the Debt Obligations or any part thereof or of the Loan Documents or any other agreement or agreements now or hereafter entered into by the Administrative Agent or any Lender and the Borrower any Grantor pursuant to which the Debt Obligations or any part thereof is issued or of any other circumstance which might otherwise constitute a legal or equitable discharge of such agreements and obligations. Without limitation upon the foregoing, such agreements and obligations of a Grantor hereunder shall continue in full force and effect as long as the Debt Obligations or any part thereof remains remain outstanding and unpaid and shall remain in full force and effect without regard to and shall not be released, discharged or in any way affected by (i) any renewal, refinancing or refunding of the Debt Obligations in whole or in part, (ii) any extension of the time of payment of the Note Notes or other instrument or instruments now or hereafter evidencing the DebtObligations, or any part thereof, (iii) any compromise or settlement with respect to the Debt Obligations or any part thereof, or any forbearance or indulgence extended to the Borrowerany Grantor, (iv) any amendment to or modification of the terms of the Note Notes or other instrument or instruments now or hereafter evidencing the Debt Obligations or any part thereof or any other agreement or agreements now or hereafter entered into by the Administrative Agent or any Lender and the Borrower any Grantor pursuant to which the Debt Obligations or any part thereof is issued or secured, (v) any substitution, exchange, or release of a portion of, or failure to preserve, perfect or protect, or other dealing in respect of, any of the Pledged Shares Collateral or any other property or any security for the payment of the Debt Obligations or any part thereof, (vi) any bankruptcy, insolvency, arrangement, composition, assignment for the benefit of creditors or similar proceeding commenced by or against the Borrowerany Grantor, (vii) any dissolution, liquidation or termination of the Borrower any Grantor for any reason whatsoever or (viii) any other matter or thing whatsoever whereby the agreements and obligations of the Borrower Grantors hereunder, would or might otherwise be released or discharged, in whole or in part. The Borrower Each Grantor hereby waives notice of the acceptance of this Security Agreement by the LenderAdministrative Agent.

Continuing Validity of Obligations. The agreements and obligations of the Borrower Grantors hereunder are continuing agreements and obligations, and are absolute and unconditional irrespective of the genuineness, validity or enforceability of the Loan Credit Agreement, the Note Notes or any other instrument or instruments now or hereafter evidencing the Debt Obligations or any part thereof or of the Loan Other Documents or any other agreement or agreements now or hereafter entered into by the Lender Agent and the Borrower any Loan Party pursuant to which the Debt Obligations or any part thereof is issued or of any other circumstance which might otherwise constitute a legal or equitable discharge of such agreements and obligations. Without limitation upon the foregoing, such agreements and obligations shall continue in full force and effect as long as the Debt Obligations or any part thereof remains remain outstanding and unpaid and shall remain in full force and effect without regard to and shall not be released, discharged or in any way affected by (i) any renewal, refinancing or refunding of the Debt Obligations in whole or in part, (ii) any extension of the time of payment of the Note Notes or other instrument or instruments now or hereafter evidencing the DebtObligations, or any part thereof, (iii) any compromise or settlement with respect to the Debt Obligations or any part thereof, or any forbearance or indulgence extended to the Borrowerany Loan Party, (iv) any amendment to or modification of the terms of the Note Notes or other instrument or instruments now or hereafter evidencing the Debt Obligations or any part thereof or any other agreement or agreements now or hereafter entered into by the Agent or any Lender and the Borrower any Loan Party pursuant to which the Debt Obligations or any part thereof is issued or secured, (v) any substitution, exchange, or release of a portion of, or failure to preserve, perfect or protect, or other dealing in respect of, the Pledged Shares Patents, Licenses, Trademarks and Copyrights or any other property or any security for the payment of the Debt Obligations or any part thereof, (vi) any bankruptcy, insolvency, arrangement, composition, assignment for the benefit of creditors or similar proceeding commenced by or against the Borrowerany Loan Party, (vii) any dissolution, liquidation or termination of the Borrower any Loan Party for any reason whatsoever or (viii) any other matter or thing whatsoever whereby the agreements and obligations of the Borrower any Grantor hereunder, would or might otherwise be released or discharged. The Borrower Grantors hereby waives waive notice of the acceptance of this Security Agreement by the LenderAgent.

Continuing Validity of Obligations. The agreements and obligations of the Borrower Grantors hereunder are continuing agreements and obligations, and are absolute and unconditional irrespective of the genuineness, validity or enforceability of the Loan Credit Agreement, the Note Notes or any other instrument or instruments now or hereafter evidencing the Debt Obligations or any part thereof or of the Loan Documents or any other agreement or agreements now or hereafter entered into by the Administrative Agent or any Lender and the Borrower Grantors pursuant to which the Debt Obligations or any part thereof is issued or of any other circumstance which might otherwise constitute a legal or equitable discharge of such agreements and obligations. Without limitation upon the foregoing, such agreements and obligations shall continue in full force and effect as long as the Debt Obligations or any part thereof remains remain outstanding and unpaid and shall remain in full force and effect without regard to and shall not be released, discharged or in any way affected by (i) any renewal, refinancing or refunding of the Debt Obligations in whole or in part, (ii) any extension of the time of payment of the Note Notes or other instrument or instruments now or hereafter evidencing the DebtObligations, or any part thereof, (iii) any compromise or settlement with respect to the Debt Obligations or any part thereof, or any forbearance or indulgence extended to the BorrowerGrantors, (iv) any amendment to or modification of the terms of the Note Notes or other instrument or instruments now or hereafter evidencing the Debt Obligations or any part thereof or any other agreement or agreements now or hereafter entered into by the Administrative Agent or any Lender and the Borrower Grantors pursuant to which the Debt Obligations or any part thereof is issued or secured, (v) any substitution, exchange, or release of a portion of, or failure to preserve, perfect or protect, or other dealing in respect of, the Pledged Shares Collateral or any other property or any security for the payment of the Debt Obligations or any part thereof, (vi) any bankruptcy, insolvency, arrangement, composition, assignment for the benefit of creditors or similar proceeding commenced by or against the BorrowerGrantors, (vii) any dissolution, liquidation or termination of the Borrower Grantors for any reason whatsoever or (viii) any other matter or thing whatsoever whereby the agreements and obligations of the Borrower Grantors hereunder, would or might otherwise be released or discharged. The Borrower Each Grantor hereby waives notice of the acceptance of this Security Agreement by the LenderAdministrative Agent. Notwithstanding any provisions regarding joint and several liability found in any of the Credit Agreement, the Notes or any other instrument or instruments now or hereafter evidencing the Obligations or any part thereof or of the Loan Documents or any other agreement or agreements now or hereafter entered into by the Administrative Agent or any Lender and the Grantors pursuant to which the Obligations or any part thereof is issued and without limiting the scope or extent of the liability of the applicable Grantor as set forth in any of the foregoing, this Agreement shall not constitute and shall not be construed as a guaranty by any Grantor (other than Allegheny Technologies Incorporated, a Delaware corporation (“ATI”)) of any obligations which ATI may have under this Agreement, any guaranty or any other instrument or instruments now or hereafter evidencing the Obligations or any part thereof or of the Loan Documents or any other agreement or agreements now or hereafter entered into by the Administrative Agent or any Lender and ATI with respect to the Obligations secured hereunder.