No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders pursuant to the Orders and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Danielson Holding Corp), Credit and Guaranty Agreement (Guilford Mills Inc), Guaranty and Security Agreement (Acterna Corp)
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 4 contracts
Samples: Revolving Credit and Guaranty Agreement (Kmart Corp), Credit and Guaranty Agreement (Kasper a S L LTD), Credit and Guaranty Agreement (Kmart Corp)
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders pursuant to the Orders and described in Section 2.23 2.25 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.23 2.25 and 2.25 2.27 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 3 contracts
Samples: And Guaranty Agreement (Tower Automotive Inc), Loan and Guaranty Agreement (Collins & Aikman Corp), Tower Automotive Inc
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations Obligations hereunder shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization PlanPlan of Reorganization.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (Multicare Companies Inc), Credit and Guaranty Agreement (Genesis Health Ventures Inc /Pa)
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a any Plan of Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the DIP Lenders pursuant to the Orders Order and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization Planany Plan of Reorganization.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (Lodgian Inc), Credit and Guaranty Agreement (Us Office Products Co)
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders pursuant to the Orders and described in Section 2.23 2.21 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.21 and 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Act Manufacturing Inc)
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrower and the Guarantors, Guarantors pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders and described in Section 2.23 and the Liens Lien granted to the Agent pursuant to the Orders and described in Sections 2.23 and Section 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization PlanPlan of Reorganization.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Alliance Entertainment Corp)
No Discharge; Survival of Claims. Each of the Borrower Borrowers and the Guarantors agrees agree that (i) its obligations Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower Borrowers and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Super-priority Claim granted to the Agent and the Lenders pursuant to the Orders Order and described in Section 2.23 2.22 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.23 2.22 and 2.25 2.24 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Kaiser Aluminum & Chemical Corp)
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders pursuant to the Orders and described in Section 2.23 2.24 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.23 2.24 and 2.25 2.26 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 1 contract
Samples: Loan and Guaranty Agreement
No Discharge; Survival of Claims. Each of the Borrower and the -------------------------------- Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 1 contract
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder Obligations shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim superpriority claim granted to the Administrative Agent and the Lenders pursuant to the Orders and described in Section 2.23 2.16 and the Liens granted to the Administrative Agent pursuant to the Orders and described in Sections 2.23 and 2.25 2.16 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 1 contract
Samples: Guaranty and Pledge Agreement
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders Order and described in Section 2.23 2.22 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.23 2.22 and 2.25 2.24 shall not be affected in any manner by the entry of an order confirming a Reorganization PlanPlan of Reorganization.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Marvel Entertainment Group Inc)
No Discharge; Survival of Claims. Each of the The Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a the Reorganization Plan (and each of the Borrower and the GuarantorsBorrower, pursuant to Section 1141(d)(4) of the Bankruptcy CodeCode and upon entry of the Interim Order, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders Order and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a the Reorganization Plan.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Paragon Trade Brands Inc)
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent Agents and the Lenders pursuant to the Orders and described in Section 2.23 and the Liens granted to the Agent Agents pursuant to the Orders and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 1 contract
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders Order and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization PlanPlan of Reorganization.
Appears in 1 contract
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a any Plan of Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the DIP Lenders pursuant to the Orders Order and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders order and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization Planany Plan of Reorganization.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Laroche Industries Inc)
No Discharge; Survival of Claims. Each of the Borrower and the -------------------------------- Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders Order and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization PlanPlan of Reorganization.
Appears in 1 contract
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders Final Order and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders Final Order and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 1 contract
No Discharge; Survival of Claims. Each of the Borrower and -------------------------------- the Guarantors agrees that (i) its obligations Obligations hereunder shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders and described in Section 2.23 2.20 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.23 2.20 and 2.25 2.22 shall not be affected in any manner by the entry of an order confirming a Reorganization PlanPlan of Reorganization.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Mariner Post Acute Network Inc)
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors -------------------------------- agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders Banks pursuant to the Orders Order and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization PlanPlan of Reorganization.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Armstrong World Industries Inc)
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors Holdings agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a the Reorganization Plan (and each of the Borrower and the GuarantorsHoldings, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders pursuant to the Orders and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a the Reorganization Plan.
Appears in 1 contract
No Discharge; Survival of Claims. Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrower and the U.S. Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders pursuant to the Orders and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization PlanPlan of Reorganization.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Thermadyne Holdings Corp /De)
