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.
Appears in 17 contracts
Samples: Omnibus Amendment to Transaction Documents (Karyopharm Therapeutics Inc.), Indenture (Karyopharm Therapeutics Inc.), Intercreditor Agreement (Nauticus Robotics, Inc.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will shall be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.
Appears in 15 contracts
Samples: Noteholder Agreement (Rockley Photonics Holdings LTD), Credit Agreement, First Lien Credit Agreement (PGA Holdings, Inc.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 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.
Appears in 7 contracts
Samples: Fourth Amendment (Neiman Marcus Group LTD LLC), Term Loan Credit Agreement (Amneal Pharmaceuticals, Inc.), Revolving Credit Agreement (Amneal Pharmaceuticals, Inc.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode and under comparable provisions of any other applicable Debtor Relief Law, which will be effective before, during and after the commencement of an any Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor Obligor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.
Appears in 7 contracts
Samples: Credit Agreement (Dayforce, Inc.), Credit Agreement (Nuvei Corp), First Lien Credit Agreement (Option Care Health, Inc.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties hereto 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.
Appears in 6 contracts
Samples: Indenture (Urban One, Inc.), Intercreditor Agreement (Pioneer Energy Services Corp), Intercreditor Agreement (Key Energy Services Inc)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will shall 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.
Appears in 3 contracts
Samples: Short Term Credit Agreement (Novelis Inc.), Intercreditor Agreement (Novelis Inc.), Intercreditor Agreement (Novelis Inc.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 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 the Company will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Appears in 3 contracts
Samples: Supplemental Indenture (Centrus Energy Corp), Indenture Agreement (Centrus Energy Corp), Indenture Agreement (United States Enrichment Corp)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, any similar Bankruptcy Law or the PPSA, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to the Company or 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.
Appears in 2 contracts
Samples: Intercreditor Agreement (Signature Group Holdings, Inc.), Intercreditor Agreement
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 any 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.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Ocean Rig UDW Inc.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will shall be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will Borrower or any Guarantor shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Hanesbrands Inc.), Second Lien Credit Agreement (Hanesbrands Inc.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode with respect to the Term Loan Priority Collateral, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any New Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Appears in 1 contract
Samples: Term Loan Intercreditor and Collateral Agency Agreement (Green Plains Inc.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties hereto acknowledge that this Agreement is a “subordination agreement” under Section 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 Obligor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Appears in 1 contract
Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this 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. 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.
Appears in 1 contract
Samples: Intercreditor Agreement (Broadview Networks Holdings Inc)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties Each party hereto 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 Tenant will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Appears in 1 contract
Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “"subordination agreement” " under Section 510(a) of the Bankruptcy Code, which will shall, for the avoidance of any doubt, be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will an Obligor shall include such Person Obligor, as applicable, as a debtor-in-possession and any receiver or trustee for such Person Obligor, as applicable, in an any Insolvency or Liquidation Proceeding.
Appears in 1 contract
Samples: Intercreditor Agreement (Quintiles Transnational Corp)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode with respect to the ABL Priority Collateral, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any the ABL Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Appears in 1 contract
Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode or any comparable provision of any Bankruptcy Law, 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.
Appears in 1 contract
Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will shall, for the avoidance of any doubt, be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to Grantor or any Grantor will of its subsidiaries shall include such Person Grantor or such subsidiary, as applicable, as a debtor-in-possession and any receiver or trustee for such Person Grantor or such subsidiary, as applicable, in an any Insolvency or Liquidation Proceeding.
Appears in 1 contract
Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode and under any other applicable Debtor Relief Law, which will be effective before, during and after the commencement of an any Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor Obligor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.
Appears in 1 contract
Samples: First Lien Credit Agreement (Isos Acquisition Corp.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties hereto 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 the Company will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Appears in 1 contract
Samples: Lien Intercreditor Agreement (Franchise Group, Inc.)
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.. 168776.01000/150935587v.4
Appears in 1 contract
Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties hereto acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the 42 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.
Appears in 1 contract
Samples: Intercreditor Agreement (Summit Midstream Partners, LP)
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.. 34 168776.01000/150935551v.4
Appears in 1 contract
Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “"subordination agreement” " under Section 510(a) of the Bankruptcy Code, which will shall be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.
Appears in 1 contract
Samples: Intercreditor Agreement
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 Loan Party will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Appears in 1 contract
Samples: First Lien/Second Lien Intercreditor Agreement (Franchise Group, Inc.)
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 Debtor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Appears in 1 contract
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode with respect to the ABL Priority Collateral, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any ABL Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.
Appears in 1 contract
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.. 168776.01000/150935546v.3
Appears in 1 contract
Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode and other applicable Bankruptcy Laws, 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.
Appears in 1 contract
Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode and under comparable provisions of any other applicable Debtor Relief Law, which will be effective before, during and after the commencement of an any Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor Obligor will include such Person as a debtor-in-in- possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.
Appears in 1 contract
Samples: Indenture (Option Care Health, Inc.)
Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will shall, for the avoidance of any doubt, be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will the Seller shall include such Person the Seller as a debtor-in-possession and any receiver or trustee for such Person the Seller in an any Insolvency or Liquidation Proceeding.
Appears in 1 contract
