Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company or any of the Subsidiaries.
Appears in 7 contracts
Samples: Credit Agreement (Healthsouth Corp), Assignment and Assumption (Healthsouth Corp), Assignment and Assumption (Healthsouth Corp)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company Borrower or any of the Subsidiaries.
Appears in 6 contracts
Samples: First Lien Intercreditor Agreement (Ami Celebrity Publications, LLC), Intercreditor Agreement (Integra Leasing As), Security Agreement (American Renal Associates LLC)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company or any of the Subsidiaries.
Appears in 5 contracts
Samples: Intercreditor Agreement (Summit Midstream Partners, LP), Intercreditor Agreement (Summit Midstream Partners, LP), Intercreditor Agreement (Owens & Minor Inc/Va/)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This The terms of this Agreement shall survive, and shall continue in full force and effect notwithstanding the commencement of effect, in any Insolvency or Liquidation Proceeding against the Company or any of the SubsidiariesProceeding.
Appears in 5 contracts
Samples: Intercreditor Agreement (Marrone Bio Innovations Inc), Intercreditor Agreement (Marrone Bio Innovations Inc), Intercreditor Agreement (NextWave Wireless Inc.)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company Issuer or any of the its respective Subsidiaries.
Appears in 3 contracts
Samples: Passu Intercreditor Agreement (BMC Stock Holdings, Inc.), Passu Intercreditor Agreement (BMC Stock Holdings, Inc.), Passu Intercreditor Agreement (Builders FirstSource, Inc.)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company or any of the Subsidiariesother Grantor.
Appears in 2 contracts
Samples: Intercreditor Agreement (MICROSTRATEGY Inc), Passu Intercreditor Agreement (CPI Card Group Inc.)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company or any of the its respective Subsidiaries.
Appears in 2 contracts
Samples: Passu Intercreditor Agreement (United States Steel Corp), Indenture (United States Steel Corp)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company Issuer, the Company, or any of the their respective Subsidiaries.
Appears in 2 contracts
Samples: Passu Intercreditor Agreement (Diamond Resorts Parent, LLC), Intercreditor Agreement (Rotech Healthcare Inc)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company Borrower or any of the Subsidiaries.
Appears in 1 contract
Samples: Passu Intercreditor Agreement (Lee Enterprises, Inc)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This The terms of this Agreement shall survive, and shall continue in full force and effect notwithstanding the commencement of effect, in any Insolvency or Liquidation Proceeding against the Company Proceeding. Each party hereby waives any and all rights it may now or hereafter have under applicable law to revoke this Agreement or any of the Subsidiariesprovisions of this Agreement.
Appears in 1 contract
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company Borrower or any of the SubsidiariesSubsidiaries or any other Grantor.
Appears in 1 contract
Samples: First Lien Intercreditor Agreement (Shaw Group Inc)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company Borrower or any of the its Subsidiaries.
Appears in 1 contract
Samples: First Priority Intercreditor Agreement (UTAC Holdings Ltd.)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company Issuer or any of the its Subsidiaries.
Appears in 1 contract
Effectiveness; Survival. This Agreement shall become effective when executed and delivered upon the execution of a counterpart hereof by each of the parties hereto. All covenantsrepresentations, agreements, representations warranties and warranties agreements made herein by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreementhereof. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company any Borrower or any of the SubsidiariesSubsidiary.
Appears in 1 contract
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company Borrower or any of the SubsidiariesPulitzer Entities.
Appears in 1 contract
Samples: Passu Intercreditor Agreement (Lee Enterprises, Inc)
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This The terms of this Agreement shall survive, and shall continue in full force and effect notwithstanding the commencement of effect, in any Insolvency or Liquidation Proceeding against Proceeding. The Junior Creditor hereby waives any and all rights the Company Junior Creditor may now or hereafter have under applicable law to revoke or challenge the validity of this Agreement or any of the Subsidiariesprovisions of this Agreement.
Appears in 1 contract
Effectiveness; Survival. This Agreement shall become effective when executed and delivered by the parties hereto. All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement. This Agreement shall continue in full force and effect notwithstanding the commencement of any Insolvency or Liquidation Proceeding against the Company Borrower or any of the SubsidiariesLoan Parties.
Appears in 1 contract
Samples: Passu Intercreditor Agreement (ESH Hospitality, Inc.)
