Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary shall be deemed to apply to such entity as debtor in possession and to any trustee in bankruptcy for the estate of such entity.
Appears in 4 contracts
Samples: Intercreditor Agreement (Proxim Corp), Securities Purchase Agreement (Proxim Corp), Intercreditor Agreement (Proxim Corp)
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary Debtor shall be deemed to apply to such entity Debtor as debtor in possession and to any trustee in bankruptcy for the estate of such entityDebtor.
Appears in 3 contracts
Samples: Intercreditor and Subordination Agreement, Intercreditor and Subordination Agreement (Miller Industries Inc /Tn/), Intercreditor, Subordination and Turnover Agreement (Miller Industries Inc /Tn/)
Intercreditor Arrangements in Bankruptcy. (a) This Notwithstanding any Bankruptcy Event, this Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary Debtor shall be deemed to apply to such entity as debtor in possession and to any trustee in bankruptcy for the estate of such entity.
Appears in 3 contracts
Samples: Debt Subordination and Intercreditor Agreement (Capital Growth Systems Inc /Fl/), Debt Subordination and Intercreditor Agreement (Capital Growth Systems Inc /Fl/), Debt Subordination and Intercreditor Agreement (Capital Growth Systems Inc /Fl/)
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary shall be deemed to apply to such entity as debtor in possession and to any trustee in bankruptcy for the estate of such entity.
Appears in 3 contracts
Samples: Intercreditor Agreement (Proxim Corp), Loan Agreement (Krug International Corp), Securities Purchase Agreement (Proxim Corp)
Intercreditor Arrangements in Bankruptcy. (ai) This Subordination Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary Debtor shall be deemed to apply to such entity Debtor as debtor in possession and to any trustee in bankruptcy for the estate of such entityDebtor.
Appears in 3 contracts
Samples: Intercreditor and Debt Subordination Agreement (HG Holdings, Inc.), Intercreditor and Debt Subordination Agreement (Stanley Furniture Co Inc.), Asset Purchase Agreement (Stanley Furniture Co Inc.)
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary shall be deemed to apply to such entity as debtor in possession and to any trustee in bankruptcy for the estate estate(s) of such entity.
Appears in 2 contracts
Samples: Intercreditor Agreement (Hughes Electronics Corp), Intercreditor and Subordination Agreement (Loral Space & Communications LTD)
Intercreditor Arrangements in Bankruptcy. (aA) This Subordination Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) the applicable sections of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary Debtor shall be deemed to apply to such entity Debtor as debtor in possession and to any trustee in bankruptcy for the estate of such entityDebtor.
Appears in 2 contracts
Samples: Intercreditor and Debt Subordination Agreement, Intercreditor and Debt Subordination Agreement (HG Holdings, Inc.)
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary Obligor shall be deemed to apply to such entity Person as debtor in possession and to any trustee in bankruptcy or other fiduciary for the estate of such entityPerson.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Electronic Cigarettes International Group, Ltd.)
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary Obligor shall be deemed to apply to such entity Person as debtor in possession and to any trustee in bankruptcy for the estate of such entityPerson.
Appears in 2 contracts
Samples: Intercreditor Agreement (Charles & Colvard LTD), Intercreditor Agreement (Charles & Colvard LTD)
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary Pledgor shall be deemed to apply to such entity as debtor in possession and to any trustee in bankruptcy for the estate estate(s) of such entity.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Loral Space & Communications LTD)
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company Client or any Guaranteeing Subsidiary Guarantor shall be deemed to apply to such entity as debtor in possession and to any trustee in bankruptcy for the estate of such entity.
Appears in 1 contract
Samples: Intercreditor Agreement (GameSquare Holdings, Inc.)
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) notwithstanding the occurrence of the a Bankruptcy CodeEvent, and all references herein to the Company or any Guaranteeing Subsidiary each Debtor shall be deemed to apply to such entity Person as debtor in possession and to any trustee in bankruptcy for the estate of such entityPerson.
Appears in 1 contract
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company or any Guaranteeing Subsidiary Borrower shall be deemed to apply to such entity as debtor in possession and to any trustee in bankruptcy for the estate estate(s) of such entity.
Appears in 1 contract
Samples: Intercreditor and Lien Subordination Agreement (Westpoint Stevens Inc)
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company Borrower or any Guaranteeing Subsidiary a Credit Party shall be deemed to apply to such entity as debtor in possession and to any trustee in bankruptcy for the estate of such entity.
Appears in 1 contract
Samples: Participation Agreement (Pep Boys Manny Moe & Jack)
Intercreditor Arrangements in Bankruptcy. (a) This Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy Code, and all references herein to the Company Borrower or any Guaranteeing Subsidiary Parent shall be deemed to apply to such entity as debtor in possession and to any trustee in bankruptcy for the estate of such entity.
Appears in 1 contract
Samples: Escrow Agreement (Anthony Clark International Insurance Brokers LTD)
Intercreditor Arrangements in Bankruptcy. (ai) This Intercreditor Agreement shall remain in full force and effect and enforceable pursuant to its terms in accordance with Section 510(a) of the Bankruptcy CodeCode of the United States, and all references herein to the Company or any Guaranteeing Subsidiary Loan Party shall be deemed to apply to such entity as debtor in possession and to any trustee in bankruptcy for the estate of such entity.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (BHC Meadows Partner Inc)
