Effectiveness; Entire Agreement. This Agreement shall become effective upon the execution of a counterpart hereof by each of the parties hereto and receipt by Borrower and Administrative Agent of written or telephonic notification of such execution and authorization of delivery thereof. With the exception of those terms contained in the Amended and Restated Commitment Letter, dated November 2, 2007, among GSCP, Xxxxxx Brothers, LCPI and Aldabra which by the terms of the Commitment Letter remain in full force and effect, all of GSCP’s, Xxxxxx Brothers’, LCPI’s, Aldabra’s and their respective Affiliates’ obligations under the Commitment Letter shall terminate and be superseded by the Credit Documents and GSCP, Xxxxxx Brothers, LCPI, Aldabra and their respective Affiliates shall be released from all liability in connection therewith, including, without limitation, any claim for injury or damages, whether consequential, special, direct, indirect, punitive or otherwise.
Appears in 2 contracts
Samples: Intercreditor Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Boise Inc.)
Effectiveness; Entire Agreement. This Agreement shall become effective upon the execution of a counterpart hereof by each of the parties hereto and receipt by Borrower and Administrative Agent of written or telephonic notification of such execution and authorization of delivery thereof. With the exception of those terms contained in the Amended and Restated Commitment Letter, dated November 2, 2007, among GSCP, Xxxxxx BrothersBrothers Inc., LCPI Xxxxxx Commercial Paper Inc. and Aldabra which by the terms of the Commitment Letter remain in full force and effect, all of GSCP’s, Xxxxxx Brothers’Brothers Inc.’s, LCPIXxxxxx Commercial Paper Inc.’s, Aldabra’s and their respective Affiliates’ obligations under the Commitment Letter shall terminate and be superseded by the Credit Documents and GSCP, Xxxxxx BrothersBrothers Inc., LCPIXxxxxx Commercial Paper Inc., Aldabra and their respective Affiliates shall be released from all liability in connection therewith, including, without limitation, any claim for injury or damages, whether consequential, special, direct, indirect, punitive or otherwise.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Boise Inc.)