Effectiveness in Insolvency 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.
Appears in 65 contracts
Samples: Intercreditor Agreement (Global Clean Energy Holdings, Inc.), Abl Credit Agreement (Clearwater Paper Corp), First Lien/Second Lien Intercreditor Agreement (Anywhere Real Estate Group LLC)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding.
Appears in 20 contracts
Samples: Intercreditor Agreement (Solaris Energy Infrastructure, Inc.), Intercreditor Agreement (Alta Equipment Group Inc.), Intercreditor Agreement (Party City Holdco Inc.)
Effectiveness in Insolvency Proceedings. This Agreement, which the The parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall 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 any Insolvency or Liquidation Proceeding.
Appears in 6 contracts
Samples: Intercreditor Agreement (Stonemor Inc.), Indenture (Stonemor Inc.), Indenture (KCG Holdings, Inc.)
Effectiveness in Insolvency Proceedings. This Agreement, which the The parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under section Section 510(a) of the Bankruptcy CodeCode and under comparable provisions of any other applicable Debtor Relief Law, shall which will be effective before, during and after the commencement of an any Insolvency or Liquidation Proceeding. All references in this Agreement to any Obligor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in any Insolvency or Liquidation Proceeding.
Appears in 5 contracts
Samples: First Lien Credit Agreement (Cotiviti Holdings, Inc.), First Lien Credit Agreement (Cotiviti Holdings, Inc.), Second Lien Credit Agreement (Cotiviti Holdings, Inc.)
Effectiveness in Insolvency 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.
Appears in 4 contracts
Samples: Intercreditor Agreement (Daktronics Inc /Sd/), Intercreditor and Subordination Agreement (USA Synthetic Fuel Corp), Intercreditor Agreement (Smithfield Foods Inc)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly The Parties acknowledge that this Agreement is a “subordination agreement” under section 510(a) of the Bankruptcy Code, shall which will be effective before, during during, and after the commencement of an Insolvency 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 Proceeding.
Appears in 4 contracts
Samples: Intercreditor Agreement (Terran Orbital Corp), First Lien/Second Lien Intercreditor Agreement (Terran Orbital Corp), Intercreditor Agreement (Saleen Automotive, Inc.)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy CodeCode or similar provision of any other applicable Insolvency Law, shall be effective before, during and after the commencement of an Insolvency Proceeding.
Appears in 4 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Thompson Creek Metals Co Inc.), Intercreditor Agreement (Royal Gold Inc)
Effectiveness in Insolvency 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. All references in this Agreement to any Obligor shall include such Obligor as a debtor-in-possession and any receiver or trustee for such Obligor in any Insolvency Proceeding.
Appears in 3 contracts
Samples: Intercreditor and Collateral Agency Agreement (PostRock Energy Corp), Credit Agreement (Quest Energy Partners, L.P.), Intercreditor Agreement (Quest Resource Corp)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, including, without limitation, the Lien Priorities set forth in Section 2, shall be effective before, during and after the commencement of an Insolvency Proceeding.
Appears in 3 contracts
Samples: Intercreditor Agreement (SAExploration Holdings, Inc.), Intercreditor Agreement (SAExploration Holdings, Inc.), First Supplemental Indenture (SAExploration Holdings, Inc.)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly The Parties acknowledge that this Agreement is a “subordination agreement” under section 510(a) of the Bankruptcy Code, shall which will be effective before, during and after the commencement of an Insolvency 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 Proceeding.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (KAR Auction Services, Inc.), Intercreditor Agreement (PRETIUM CANADA Co), Credit Agreement (KAR Auction Services, Inc.)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, Code (or substantially equivalent or similar provisions and concepts in other Bankruptcy Laws) shall be effective before, during and after the commencement of an Insolvency Proceeding. All references in this Agreement to any Debtor or Obligor shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in any Insolvency Proceeding.
Appears in 2 contracts
Samples: Senior Secured Delayed Draw Term Loan Credit Agreement (New Fortress Energy LLC), Senior Secured Delayed Draw Term Loan Credit Agreement (NFE Financial Holdings LLC)
Effectiveness in Insolvency 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. All references in this Agreement to any Credit Party shall include such Credit Party as a debtor-in-possession and any receiver or trustee for such Credit Party in any Insolvency Proceeding.
Appears in 2 contracts
Samples: Intercreditor Agreement (Quest Resource Corp), Intercreditor Agreement (Quest Energy Partners, L.P.)
Effectiveness in Insolvency Proceedings. (a) This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding., subject, however, to Section 5.11(b) and to Section
Appears in 2 contracts
Effectiveness in Insolvency 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 before and after the commencement of an Insolvency Proceeding. All references in this Agreement to any Obligor shall include such Obligor as a debtor-in-possession and any receiver or trustee for such Obligor in any Insolvency Proceeding.
Appears in 2 contracts
Samples: Subordination Agreement (UniTek Global Services, Inc.), Revolving Credit and Security Agreement (UniTek Global Services, Inc.)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly The Parties acknowledge that this Agreement is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall which will be effective before, during and after the commencement of an Insolvency 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 Proceeding.
Appears in 2 contracts
Samples: Credit Agreement (Mission Broadcasting Inc), Credit Agreement (Nexstar Broadcasting Group Inc)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy Code, has been entered into for good and valid consideration, and shall be effective before, during and after the commencement of an any subsequently commenced Insolvency ProceedingProceeding prior to the Senior Obligations Repayment Date.
Appears in 2 contracts
Samples: Credit Agreement (Virgin Mobile USA, Inc.), Subordinated Credit Agreement (Virgin Mobile USA, Inc.)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy Code, has been entered into for good and valid consideration, and shall be effective before, during and after the commencement of an any subsequently commenced Insolvency Proceeding.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Hollywood Media Corp), Subordination and Intercreditor Agreement (Hollywood Media Corp)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding. All references in this Agreement to any Obligor shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in any Insolvency Proceeding.
Appears in 1 contract
Samples: Senior Intercreditor and Subordination Agreement (Cit Group Inc)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding.
Appears in 1 contract
Samples: Intercreditor Agreement (Global Brass & Copper Holdings, Inc.)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy Codeapplicable Insolvency Law, shall be effective before, during and after the commencement of an Insolvency Proceeding.
Appears in 1 contract
Effectiveness in Insolvency 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 both before and after the commencement of an Insolvency Proceeding.Insolvency
Appears in 1 contract
Effectiveness in Insolvency 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. All references in this Agreement to the Obligor shall include the Obligor as a debtor-in-possession and any receiver or trustee for the Obligor in any Insolvency Proceeding.
Appears in 1 contract
Samples: Intercreditor and Collateral Agency Agreement (PostRock Energy Corp)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding.
Appears in 1 contract
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding. All references in this Agreement to the Borrower shall include the Borrower as a debtor-in-possession and any receiver or trustee for the Borrower in any Insolvency Proceeding.
Appears in 1 contract
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, including, without limitation, the Lien priorities set forth in Section 2, shall be effective before, during and after the commencement of an Insolvency Proceeding.
Appears in 1 contract
Samples: Intercreditor Agreement (SAExploration Holdings, Inc.)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties Parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency a Proceeding. All references in this Agreement to Company shall include Company as a debtor-in-possession and any receiver or trustee for Company in any Proceeding.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Blue Dolphin Energy Co)
Effectiveness in Insolvency 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.
Appears in 1 contract
Effectiveness in Insolvency Proceedings. This Agreement, which the The parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under section Section 510(a) of the Bankruptcy CodeCode and under comparable provisions of any other applicable law, shall which will be effective before, during and after the commencement of an any Insolvency or Liquidation Proceeding. All references in this Agreement to any Obligor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in any Insolvency or Liquidation Proceeding.
Appears in 1 contract
Samples: Credit Agreement (Certara, Inc.)
Effectiveness in Insolvency 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. 5.11.
Appears in 1 contract
Effectiveness in Insolvency Proceedings. This Agreement, which the parties Parties hereto expressly acknowledge is a “"subordination agreement” " under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency a Proceeding. All references in this Agreement to Company shall include Company as a debtor-in-possession and any receiver or trustee for Company in any Proceeding.
Appears in 1 contract
Samples: Construction and Funding Contract (Blue Dolphin Energy Co)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly The Parties acknowledge that this Agreement is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall which will be effective before, during during, and after the commencement of an Insolvency 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 Proceeding.
Appears in 1 contract
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding. All references in this Agreement to the Company or any other grantor shall include such Person as a debtor- in-possession and any receiver or trustee for such Person in any Insolvency Proceeding.
Appears in 1 contract
Samples: Intercreditor Agreement
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly The Parties acknowledge that this Agreement is a “"subordination agreement” " under section 510(a) of the Bankruptcy Code, shall which will be effective before, during during, and after the commencement of an Insolvency 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 Proceeding.
Appears in 1 contract
Samples: Intercreditor Agreement (Cal Dive International, Inc.)
Effectiveness in Insolvency Proceedings. This Agreement, which the The parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under section 510(a) of the Bankruptcy CodeCode (or any similar provision under any other Bankruptcy Law), shall which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Obligor will include such Person as a debtor-in-possession and any receiver or trustee or similar official for such Person in an Insolvency Proceeding.
Appears in 1 contract
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding. 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 Proceeding.
Appears in 1 contract
Samples: Intercreditor Agreement (Oscient Pharmaceuticals Corp)
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “"subordination agreement” " under section 510(a) of the Bankruptcy Code, has been entered into for good and valid consideration, and shall be effective before, during and after the commencement of an any subsequently commenced Insolvency Proceeding.
Appears in 1 contract
Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” (or equivalent) under section 510(a) of the Bankruptcy CodeCode (or analogous provision under any applicable Debtor Relief Laws of any relevant jurisdiction), shall be effective before, during and after the commencement of an Insolvency Proceeding.
Appears in 1 contract