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 Administrative Agent and the Lenders pursuant to the Approval Order and described in Section 2.25 and the Liens granted to the Administrative Agent pursuant to the Approval Order and described in Sections 2.25 and 2.27 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 6 contracts
Samples: Revolving Credit, Term Loan and Guaranty Agreement, Revolving Credit, Term Loan and Guaranty Agreement, Revolving Credit, Term Loan and Guaranty Agreement (Delphi 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 Administrative Agent and the Lenders pursuant to the Approval Order Orders and described in Section 2.25 2.23 and the Liens granted to the Administrative Agent pursuant to the Approval Order Orders and described in Sections 2.23 and 2.25 and 2.27 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 5 contracts
Samples: Revolving Credit and Guaranty Agreement (Danielson Holding Corp), Revolving Credit and Guaranty Agreement (Polymer Group Inc), Revolving Credit and Guaranty Agreement (Guilford Mills 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 Administrative Agent and the Lenders Banks pursuant to the Approval Order Orders and described in Section 2.25 2.23 and the Liens granted to the Administrative Agent pursuant to the Approval Order Orders and described in Sections 2.23 and 2.25 and 2.27 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), Revolving Credit and Guaranty Agreement (Kmart Corp), Revolving Credit and Guaranty Agreement (Kasper a S L LTD)
No Discharge; Survival of Claims. Each The Borrower and each Guarantor agrees that to the extent its Obligations are not satisfied in full (including by conversion of the Borrower and DIP Facility to the Guarantors agrees that Exit Facility as described in Section 2.24), (ia) its obligations hereunder Obligations shall not be discharged by the entry of an order confirming a Reorganization Plan Confirmation Order (and each of the Borrower and the GuarantorsLoan Party, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (iib) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Approval Final Order and described in Section 2.25 2.20 and the Liens granted to the Administrative Agent pursuant to the Approval Final Order and described in Sections 2.25 and 2.27 Section 2.20 shall not be affected in any manner by the entry of an order confirming a Reorganization PlanConfirmation Order.
Appears in 3 contracts
Samples: Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee 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 Administrative Agent and the Lenders pursuant to the Approval Order Orders and described in Section 2.25 and the Liens granted to the Administrative Agent pursuant to the Approval Order Orders and described in Sections 2.25 and 2.27 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 3 contracts
Samples: Revolving Credit, Term Loan and Guaranty Agreement (Tower Automotive Inc), Revolving Credit, Term Loan and Guaranty Agreement (Collins & Aikman Corp), Revolving Credit, Term Loan and Guaranty Agreement (Tower Automotive 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 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 Administrative Agent and the DIP Lenders pursuant to the Approval Order and described in Section 2.25 2.23 and the Liens granted to the Administrative Agent pursuant to the Approval Order and described in Sections 2.23 and 2.25 and 2.27 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), Revolving 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 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 Administrative Agent and the Lenders Banks pursuant to the Approval Order Orders and described in Section 2.25 2.23 and the Liens granted to the Administrative Agent pursuant to the Approval Order Orders and described in Sections 2.23 and 2.25 and 2.27 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), Revolving 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 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 Administrative Agent and the Lenders pursuant to the Approval Order Orders and described in Section 2.25 and the Liens granted to the Administrative Agent pursuant to the Approval Order Orders and described in Sections 2.25 and 2.27 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Guaranty Agreement (Delphi Corp), Revolving Credit, Term Loan and Guaranty Agreement (Delphi 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 Administrative Agents, the Tranche C Agent and the Lenders pursuant to the Approval Order Orders and described in Section 2.25 2.23 and the Liens granted to the Administrative [Agents]Collateral Agent and the Tranche C Collateral Agent pursuant to the Approval Order Orders and described in Sections 2.23 and 2.25 and 2.27 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Guaranty Agreement (Ual Corp /De/)
No Discharge; Survival of Claims. Each of the Borrower and the Subsidiary 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 section 1141(d)(4) of the Bankruptcy Code, hereby irrevocably waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Approval Order Orders and described in Section 2.25 2.16 and the Liens granted to the Administrative Agent pursuant to the Approval Order such Orders and described in Sections 2.25 2.16 and 2.27 2.18 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: Revolving Credit and Guaranty Agreement (Ntelos 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 Administrative Agent and the Lenders pursuant to the Approval Order Orders and described in Section 2.25 2.21 and the Liens granted to the Administrative Agent pursuant to the Approval Order Orders and described in Sections 2.25 2.21 and 2.27 2.23 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Act Manufacturing Inc)
