Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Effectiveness in Insolvency or Liquidation Proceedings. This Agreement shall be effective both before and after the commencement of an Insolvency or Liquidation Proceeding.
Effectiveness in Insolvency or Liquidation Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding notwithstanding Section 1129(b)(1) of the Bankruptcy Code, and is intended to be and shall be interpreted to be enforceable against the parties hereto including each Credit Party to the maximum extent permitted pursuant to applicable law. All references in this Agreement to any Obligor or other Credit Party shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in any Insolvency Proceeding.
Effectiveness in Insolvency or Liquidation Proceedings. The parties hereto acknowledge that this Agreement governs the relative priority of the Liens of the First Lien Representative and the Second Lien Representative as set forth in Section 2.1, and that this Agreement does not subordinate (other than with respect to Lien subordination) the Second Lien Representative’s or Second Lien Secured Parties’ claims, or the right to payments, to the claims or rights to payment of the First Lien Representative or the First Lien Secured Parties. The parties hereto acknowledge that this Agreement is a lien “subordination agreement” under section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Effectiveness in Insolvency or Liquidation Proceedings. The parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code.
Effectiveness in Insolvency or Liquidation Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding notwithstanding Section 1129(b)(1) of the Bankruptcy Code, and is intended to be and shall be interpreted to be enforceable against the parties hereto including each Grantor to the maximum extent permitted pursuant to applicable law. All references in this Agreement to any Grantor shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in any Insolvency or Liquidation Proceeding.
Effectiveness in Insolvency or Liquidation Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references to any of the Company or any Grantor herein shall apply to any trustee for such Person and such Person as debtor in possession. The relative rights as to the Common Collateral and other collateral and proceeds thereof shall continue after the filing thereof on the same basis as prior to the date of the petition, subject to any court order approving the financing of, or use of cash collateral by, any such Person.
Effectiveness in Insolvency or Liquidation Proceedings. This Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will be effective both before, during and after the commencement of an Insolvency or Liquidation Proceeding.
Effectiveness in Insolvency or Liquidation Proceedings. All references in this Agreement to the Company, any Guarantor and any Grantor shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in any Insolvency or Liquidation Proceeding.
Effectiveness in Insolvency or Liquidation Proceedings. Sections 1 through Section 4 of these FILO Intercreditor Provisions, which the parties hereto expressly acknowledge is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in such Sections to any Loan Party shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in any Insolvency or Liquidation Proceeding. Existing Letters of Credit Letter of Credit Number Issuing Bank Current Amount Renewal Date Beneficiary 6644/S25975 RBC $337,575.39 2/28/2018 (auto renews) AREP Ft. Wash LLC Schedule 1.01(2) Collateral Locations The locations listed on Schedule 3.15(1) and Schedule 3.15(2) are incorporated herein by reference. Third Party Locations: Third Party Name Third Party Address Catalent Pharma Solutions, Inc. 0000 Xxxxxxxxxx Xxxxx, Xxxxxxxxxx, XX Xxxx-Xxxx, Inc. 000 Xxxxxx Xxxxxxx Xxxxxxxx, Xxxxx, XX UPS 0000 Xxxxxxxxx Xxxxx, Memphis, TN Halo Pharmaceuticals, Inc. 00 X. Xxxxxxxxx Road, Whippany, NJ 07981 Xxxxxxxx Plastics Corporation 000 Xxxxxxxxxx Xxxxx Xxxx, Xxxxxxxxx, XX 00000 Schedule 2.01 Commitments Lender Revolving Facility Commitment JPMorgan Chase Bank, N.A. $ 90,000,000 Bank of America, N.A. $ 60,000,000 Royal Bank of Canada $ 20,000,000 Bank of the West $ 50,000,000 Capital One, N.A. $ 50,000,000 SunTrust Bank $ 50,000,000 Xxxxxxx Xxxxx Bank USA $ 50,000,000 Xxxxx Fargo Bank, National Association $ 50,000,000 Citizens Bank, N.A. $ 25,000,000 U.S. Bank National Association $ 25,000,000 MUFG Union Bank, N.A. $ 25,000,000 State Bank of India $ 25,000,000 Total: $ 500,000,000 Schedule 3.06 Subsidiaries Owner Subsidiary Type of Organization Jurisdiction of Organization / Formation % of Equity Interests Owned AMNEAL PHARMACEUTICALS LLC UK Holding Company Limited Private Company Limited By Shares England and Wales 100 % AMNEAL PHARMACEUTICALS LLC AMNEAL PHARMACEUTICALS OF NEW YORK, LLC Limited Liability Company Delaware 100 % AMNEAL PHARMACEUTICALS LLC Amneal Biosciences LLC Limited Liability Company Delaware 100 % AMNEAL PHARMACEUTICALS LLC Amneal-Agila, LLC Limited Liability Company Delaware 100 % AMNEAL PHARMACEUTICALS LLC Impax Laboratories, LLC Limited Liability Company Delaware 100 % AMNEAL PHARMACEUTICALS LLC Amneal Pharmaceuticals Dutch Holding Company, LLC Limited Liability Company Delaware 100 % AMNEAL PHARMACEUTICALS LLC Amneal Pharmaceuticals Holding Cooperatief U.A. Coo...
