Common use of Creation of Future Obligations Clause in Contracts

Creation of Future Obligations. All of the Non-Existing Senior Subordinated Secured Notes Obligations shall be deemed to have been funded by the relevant Secured Creditors in reliance upon the agreements contained in this Section 12, and the Existing Senior Subordinated Secured Notes Creditor (i) expressly waives notice of acceptance of the agreements set forth herein, notice of reliance thereon and any other agreements and notice of the creation of any Non-Existing Senior Subordinated Secured Notes Obligations, (ii) agrees that the Secured Creditors shall be entitled to rely upon the agreements set forth herein at all times in creating Non-Existing Senior Subordinated Secured Notes Obligations and (iii) agrees that (w) additional extensions of credit may be made pursuant to the Credit Agreement, with the consent of the Required Lenders in accordance with Section 13.12 of the Credit Agreement and any other Lenders whose consent is required thereunder, (x) additional Credit Document Obligations resulting therefrom may be designated as Non-Existing Senior Subordinated Secured Notes Obligations (and shall be entitled to such priorities with respect to the Collateral as may be agreed amongst the Required Lenders), (y) no further consent of the Existing Senior Subordinated Secured Notes Creditor shall be required in connection therewith (so long as the incurrence of such Indebtedness under the Credit Agreement is not expressly prohibited by the Existing Senior Subordinated Secured Notes Indenture) and (z) the provisions of this Section 12 (and Section 8.4) shall be fully applicable to the Credit Document Obligations so created in the future.

Appears in 2 contracts

Samples: Security Agreement (Quality Distribution Inc), Security Agreement (Quality Distribution Inc)

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Creation of Future Obligations. (a) All of the Non-Existing Senior Subordinated Secured Notes Loan Agreement Obligations shall be deemed to have been funded by the relevant Secured Creditors Loan Lenders and incurred by the Credit Parties in reliance upon the agreements contained in this Section 12Agreement, and the Existing Senior Subordinated each Bridge Agent and each Bridge Secured Notes Creditor (i) Party expressly waives notice to any Bridge Agent or any Bridge Secured Party of the acceptance of the subordination and other agreements set forth herein, notice of reliance thereon on such subordination and any other agreements and notice of the creation of any Non-Existing Senior Subordinated Secured Notes Obligationsof the Loan Agreement Obligations after the date hereof, (ii) agrees and agree that the Secured Creditors Loan Lenders shall be entitled to rely upon the subordination and other agreements set forth herein at all times in creating Non-Existing Senior Subordinated the Loan Agreement Obligations. Each Bridge Agent and each Bridge Secured Notes Obligations Party acknowledges and (iii) agrees that the Loan Agent and the Loan Lenders have not inquired, and shall have no duty to inquire, into the terms of the Interim Loan Agreements and any of the Bridge Security Documents, or any other terms of the Bridge Obligations save and except as expressly set forth herein. (wb) additional extensions All of credit may the Bridge Obligations shall be made pursuant deemed to have been funded by the Bridge Secured Parties and incurred by the Credit Parties in reliance upon this Agreement, and the Loan Agent and each Loan Lender expressly waives notice to the Credit Agreement, with the consent Loan Agent or any Loan Lender of the Required Lenders in accordance with Section 13.12 acceptance of the Credit Agreement subordination and other agreements set forth herein, notice of reliance on such subordination and other agreements and notice of the creation of any other Lenders whose consent is required thereunderof the Bridge Obligations after the date hereof, (x) additional Credit Document Obligations resulting therefrom may be designated as Non-Existing Senior Subordinated and agree that the Bridge Agents and Bridge Secured Notes Obligations (and Parties shall be entitled to such priorities with respect to rely upon the Collateral as may be agreed amongst subordination and other agreements set forth herein at all times in creating the Required Lenders), (y) no further consent Bridge Obligations. The Loan Agent and each of the Existing Senior Subordinated Loan Lenders acknowledges and agrees that the Bridge Agents and the Bridge Secured Notes Creditor Parties have not inquired, and shall be required in connection therewith (so long have no duty to inquire, into the terms of the Loan Agreement, the Loan Agreement Security Documents or any other terms of the Loan Agreement Obligations save and except as the incurrence of such Indebtedness under the Credit Agreement is not expressly prohibited by the Existing Senior Subordinated Secured Notes Indenture) and (z) the provisions of this Section 12 (and Section 8.4) shall be fully applicable to the Credit Document Obligations so created in the futureset forth herein.

Appears in 1 contract

Samples: Intercreditor Agreement (Johnstone Tank Trucking Ltd.)

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Creation of Future Obligations. (a) All of the Non-Existing Senior Subordinated Secured Notes Loan Agreement Obligations shall be deemed to have been funded by the relevant Secured Creditors Loan Lenders and incurred by the Credit Parties in reliance upon the agreements contained in this Section 12Agreement, and the Existing Senior Subordinated Note Agent and each Note Secured Notes Creditor (i) Party expressly waives notice to the Note Agent or any Note Secured Party of the acceptance of the subordination and other agreements set forth herein, notice of reliance thereon on such subordination and any other agreements and notice of the creation of any Non-Existing Senior Subordinated Secured Notes Obligationsof the Loan Agreement Obligations after the date hereof, (ii) agrees and agree that the Secured Creditors Loan Lenders shall be entitled to rely upon the subordination and other agreements set forth herein at all times in creating Non-Existing Senior Subordinated the Loan Agreement Obligations. The Note Agent and each Note Secured Notes Obligations Party acknowledges and (iii) agrees that the Loan Agent and the Loan Lenders have not inquired, and shall have no duty to inquire, into the terms of the Indenture and any of the Note Security Documents, or any other terms of the Note Obligations save and except as expressly set forth herein. (wb) additional extensions All of credit may the Note Obligations shall be made pursuant deemed to have been funded by the Note Secured Parties and incurred by the Credit Parties in reliance upon this Agreement, and the Loan Agent and each Loan Lender expressly waives notice to the Credit Agreement, with the consent Loan Agent or any Loan Lender of the Required Lenders in accordance with Section 13.12 acceptance of the Credit Agreement subordination and other agreements set forth herein, notice of reliance on such subordination and other agreements and notice of the creation of any other Lenders whose consent is required thereunderof the Note Obligations after the date hereof, (x) additional Credit Document Obligations resulting therefrom may be designated as Non-Existing Senior Subordinated and agree that the Note Agent and Note Secured Notes Obligations (and Parties shall be entitled to such priorities with respect to rely upon the Collateral as may be agreed amongst subordination and other agreements set forth herein at all times in creating the Required Lenders), (y) no further consent Note Obligations. The Loan Agent and each of the Existing Senior Subordinated Loan Lenders acknowledges and agrees that the Note Agent and the Note Secured Notes Creditor Parties have not inquired, and shall be required in connection therewith (so long have no duty to inquire, into the terms of the Loan Agreement, the Loan Agreement Security Documents or any other terms of the Loan Agreement Obligations save and except as the incurrence of such Indebtedness under the Credit Agreement is not expressly prohibited by the Existing Senior Subordinated Secured Notes Indenture) and (z) the provisions of this Section 12 (and Section 8.4) shall be fully applicable to the Credit Document Obligations so created in the futureset forth herein.

Appears in 1 contract

Samples: Intercreditor Agreement (Johnstone Tank Trucking Ltd.)

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