Common use of No Discharge; Survival of Claims Clause in Contracts

No Discharge; Survival of Claims. Each Debtor agrees that (a) any Confirmation Order entered in the Bankruptcy Cases shall not discharge or otherwise affect in any way any of the Obligations, other than after the payment in full in cash to the Secured Parties of all Obligations (and the Cash Collateralization of all outstanding Letters of Credit in amount and subject to documentation satisfactory to the Issuing Bank) and termination of the Commitments on or before the effective date of an Approved Plan of Reorganization and (b) to the extent the Obligations are not satisfied in full, (i) the Obligations shall not be discharged by the entry of a Confirmation Order (and each Loan Party, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent, the Lenders, the Secured Swap Parties and the Secured Cash Management Providers pursuant to the DIP Order and the Liens granted to the Agent pursuant to the DIP Order shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 3 contracts

Samples: Restructuring Support and Lock Up Agreement (Legacy Reserves Inc.), Restructuring Support and Lock Up Agreement (Legacy Reserves Inc.), Credit Agreement (Legacy Reserves Inc.)

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No Discharge; Survival of Claims. Each Debtor agrees The Borrower and each Guarantor agrees, unless otherwise agreed by each directly and adversely affected Lender, that (a) any Confirmation Order entered in the Bankruptcy Chapter 11 Cases shall not discharge or otherwise affect in any way any of the ObligationsSecured Obligations of the Credit Parties to the Secured Parties under this Agreement and the related Credit Documents, other than after the payment in full in cash to the Secured Parties of all Secured Obligations (under the DIP Term Loan Facility and the Cash Collateralization of all outstanding Letters of related Credit in amount and subject to documentation satisfactory to the Issuing Bank) and termination of the Commitments Documents on or before the effective date of an Approved Plan a plan of Reorganization reorganization and termination of the Commitments and (b) to the extent its Secured Obligations hereunder and under the Obligations other Credit Documents are not satisfied in full, (i) the its Secured Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and each Loan Credit Party, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the DIP Superpriority Claim Claims granted to the Administrative Agent, the Lenders, the Secured Swap Parties and the Secured Cash Management Providers Lenders pursuant to the DIP Order and the Liens granted to the Administrative Agent pursuant to the DIP Order shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 2 contracts

Samples: Senior Secured Debtor in Possession Term Loan Credit Agreement (Hi-Crush Inc.), Restructuring Support Agreement (Hi-Crush Inc.)

No Discharge; Survival of Claims. Each Debtor Except to the extent set forth in an Approved RSA Plan, the Borrower and each other Loan Party agrees that (a) any Confirmation Order entered in the Bankruptcy Cases shall not discharge or otherwise affect in any way any of the ObligationsSecured Obligations of the Loan Parties to the Secured Parties under this Agreement and the related Loan Documents, other than after the payment in full in cash to the Secured Parties of all Secured Obligations (under the DIP Facility and the Cash Collateralization of all outstanding Letters of Credit in amount and subject to documentation satisfactory to the Issuing Bank) and termination of the Commitments related Loan Documents on or before the effective date of an Approved Plan a plan of Reorganization reorganization and termination of the Commitments and (b) to the extent its Secured Obligations hereunder and under the Obligations other Loan Documents are not satisfied in fullfull or otherwise treated in accordance with an Approved Plan, (i) the its Secured Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and each Loan Party, 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, the Lenders, the Secured Swap Parties and the Secured Cash Management Providers Lenders pursuant to the DIP Order and the Liens granted to the Administrative Agent pursuant to the DIP Order shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 2 contracts

Samples: Credit Agreement (Sundance Energy Inc.), Restructuring Support Agreement (Sundance Energy Inc.)

No Discharge; Survival of Claims. Each Debtor agrees that that, unless otherwise agreed to by the Administrative Agent (at the direction of the Requisite Lenders) (a) any Confirmation Order entered in the Bankruptcy Cases shall not discharge or otherwise affect in any way any of the Obligations, other than after or upon the payment in full in cash to the Secured Parties of all Obligations (and the Cash Collateralization of all outstanding Letters of Credit in amount and subject to documentation satisfactory to the Issuing Bank) and termination of the Commitments on or before the effective date of an Approved Plan of Reorganization and (b) to the extent the Obligations are not satisfied in full, (i) the Obligations shall not be discharged by the entry of a Confirmation Order (and each Loan PartyDebtor, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent, the Lenders, the Secured Swap Parties Agents and the Secured Cash Management Providers Parties pursuant to the DIP Order Orders and the Liens granted to the Collateral Agent pursuant to the DIP Order Orders shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 2 contracts

Samples: Superpriority Secured Debtor in Possession Credit and Guaranty Agreement (GWG Holdings, Inc.), Superpriority Secured Debtor in Possession Credit and Guaranty Agreement (GWG Holdings, Inc.)

No Discharge; Survival of Claims. Each Debtor agrees The Borrower and each Guarantor agree that (a) any Confirmation Order confirmation order entered in the Bankruptcy Chapter 11 Cases shall not discharge or otherwise affect in any way any of the Obligations, other than after the payment in full in cash to the Secured Parties of all Obligations (and the Cash Collateralization cash collateralization of all outstanding Letters of Credit in amount and subject to documentation satisfactory to the Issuing BankL/C Issuer) and termination of the Commitments on or before the effective date of an any plan of reorganization (including, but not limited to, the Approved Plan of Reorganization Reorganization) and (b) to the extent the Obligations are not satisfied in fullfull in cash, (i) the Obligations shall not be discharged by the entry of a Confirmation Order confirmation order (and each Loan Party, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the DIP Superpriority Claim granted to the Administrative Agent, the Lenders, the Secured Swap Parties Lenders and the other Secured Cash Management Providers Parties pursuant to the DIP Order and the Liens granted to the Administrative Agent pursuant to the DIP Order shall not be affected in any manner by the entry of a Confirmation Orderconfirmation order.

Appears in 2 contracts

Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement (Gulfport Energy Corp), Restructuring Support Agreement (Gulfport Energy Corp)

No Discharge; Survival of Claims. Each Debtor Subject to Section 2.20, the Borrower and each Guarantor agrees that (a) any Confirmation Order entered in the Bankruptcy Chapter 11 Cases shall not discharge or otherwise affect in any way any of the ObligationsSecured Obligations of the Credit Parties to the Secured Parties under this Agreement and the related Credit Documents, other than after the payment in full in cash to the Secured Parties of all Secured Obligations under the DIP Facility (and the Cash Collateralization cash collateralization of all outstanding Letters of Credit in an amount equal to 105% of the Letter of Credit Exposure for such Letters of Credit and subject to documentation reasonably satisfactory to the Issuing BankLenders) and termination of the Commitments related Credit Documents on or before the effective date of an Approved Plan a plan of Reorganization reorganization and termination of the Commitments and (b) to the extent its Secured Obligations hereunder and under the Obligations other Credit Documents are not satisfied in full, (i) the its Secured Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and each Loan Party, 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, the Lenders, the Secured Swap Parties and the Secured Cash Management Providers Lenders pursuant to the DIP Order and the Liens granted to the Administrative Agent pursuant to the DIP Order shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 2 contracts

Samples: Senior Secured Debtor in Possession Credit Agreement (Hi-Crush Inc.), Restructuring Support Agreement (Hi-Crush Inc.)

No Discharge; Survival of Claims. Each Debtor The Borrower and each Guarantor agrees that that (a) any Confirmation Order confirmation order entered in the Bankruptcy Chapter 11 Cases shall not discharge or otherwise affect in any way any of the Secured Obligations, other than after the indefeasible payment in full in cash to the Secured Parties of all Secured Obligations (and the Cash Collateralization of all outstanding Letters of Credit in amount and subject to documentation satisfactory to the Issuing Bank) and termination of the Commitments on or before the effective date of an Approved Plan of Reorganization and (b) to the extent the Secured Obligations are not satisfied in full, , (i) the Secured Obligations shall not be discharged by the entry of a Confirmation Order (and each Loan Party, 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, the Lenders, the Secured Swap Parties Lenders and the Secured Cash Management Providers Providers, pursuant to the DIP Order Orders and the Liens granted to the Administrative Agent pursuant to the DIP Order Orders shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 1 contract

Samples: Dip Credit Agreement

No Discharge; Survival of Claims. Each Debtor agrees that (a) any Confirmation Order entered in the Bankruptcy Cases shall not discharge or otherwise affect in any way any of the Obligations, other than after or upon the payment in full in cash to the Secured Parties of all Obligations (and the Cash Collateralization of all outstanding Letters of Credit in amount and subject to documentation satisfactory to the Issuing BankLetter of Credit Issuer) and termination of the Commitments on or before the effective date of an Approved Plan of Reorganization and (b) to the extent the Obligations are not satisfied in full, (i) the Obligations shall not be discharged by the entry of a Confirmation Order (and each Loan PartyDebtor, 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, the Lenders, the Secured Swap Parties Hedge Banks and the Secured providers of Cash Management Providers Services pursuant to the DIP Order and the Liens granted to the Agent pursuant to the DIP Order shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 1 contract

Samples: Commitment Letter (Chesapeake Energy Corp)

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No Discharge; Survival of Claims. Each Debtor Subject to Section 2.12, the Borrower and each Guarantor agrees that (a) any Confirmation Order entered in the Bankruptcy Chapter 11 Cases shall not discharge or otherwise affect in any way any of the ObligationsSecured Obligations of the Loan Parties to the Secured Parties under this Agreement and the related Loan Documents, other than after the payment in full in cash to the Secured Parties of all Secured Obligations under the DIP Facility (and the Cash Collateralization cash collateralization of all outstanding Letters of Credit in amount and subject to documentation satisfactory to the Issuing Bank) and termination of the Commitments related Loan Documents on or before the effective date of an Approved Plan a plan of Reorganization reorganization and termination of the Commitments and (b) to the extent its Secured Obligations hereunder and under the Obligations other Loan Documents are not satisfied in full, (i) the its Secured Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and each Loan Party, 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, the Lenders, Lenders and the Secured Swap Parties and the Secured Cash Management Providers pursuant to the DIP Order and the Hedging Order and the Liens granted to the Administrative Agent pursuant to the DIP Order shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 1 contract

Samples: Senior Secured Debtor in Possession Revolving Credit Agreement (Halcon Resources Corp)

No Discharge; Survival of Claims. Each Debtor agrees that (a) any Confirmation Order entered in the Bankruptcy Chapter 11 Cases shall not discharge or otherwise affect in any way any of the Obligations, other than after the payment in full in cash to the Secured Parties of all Obligations (and the Cash Collateralization of all outstanding Letters of Credit in amount and subject to documentation satisfactory to the Issuing Bank) and termination of the Commitments on or before the effective date of an Approved Acceptable Plan of Reorganization and (b) to the extent the Obligations are not satisfied in full, (i) the Obligations shall not be discharged by the entry of a Confirmation Order (and each Loan Credit Party, 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, the Lenders, the and each other Secured Swap Parties and the Secured Cash Management Providers Party pursuant to the DIP Order and the Liens granted to the Administrative Agent pursuant to the DIP Order Order, in each case subject to the Carve-Out, shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 1 contract

Samples: Senior Secured Superpriority Debtor in Possession Credit Agreement (EP Energy LLC)

No Discharge; Survival of Claims. Each Debtor Subject to Section 2.26, the Borrower and each other Guarantor agrees that (a) any Confirmation Order entered in the Bankruptcy Chapter 11 Cases shall not discharge or otherwise affect in any way any of the ObligationsSecured Obligations of the Loan Parties to the Secured Parties under this Agreement and the related Loan Documents, other than after the payment in full in cash to the Secured Parties of all Secured Obligations under the DIP Facility (and the Cash Collateralization cash collateralization of all outstanding Letters of Credit in an amount equal to 105% of the L/C Exposure for such Letters of Credit and subject to documentation reasonably satisfactory to the Issuing BankLenders) and termination of the Commitments related Loan Documents on or before the effective date of an Approved Plan a plan of Reorganization reorganization and termination of the Commitments and (b) to the extent its Secured Obligations hereunder and under the Obligations other Loan Documents are not satisfied in full, (i) the its Secured Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and each Loan Party, 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, the Lenders, the Secured Swap Parties and the Secured Cash Management Providers Lenders pursuant to the DIP Order and the Liens granted to the Administrative Agent pursuant to the DIP Order shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 1 contract

Samples: Senior Secured Debtor in Possession Credit Agreement (Superior Energy Services Inc)

No Discharge; Survival of Claims. Each Debtor agrees that that, unless otherwise agreed to by the Administrative Agent (at the direction of the Requisite Lenders) (a) any Confirmation Order entered in the Bankruptcy Cases shall not discharge or otherwise affect in any way any of the Obligations, other than after or upon the payment in full in cash to the Secured Parties of all Obligations (and the Cash Collateralization of all outstanding Letters of Credit in amount and subject to documentation satisfactory to the Issuing Bank) and termination of the Commitments on or before the effective date of an Approved Plan of Reorganization and (b) to the extent the Obligations are not satisfied in full, (i) the Obligations shall not be discharged by the entry of a Confirmation Order (and each Loan PartyDebtor, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent, the Lenders, the Secured Swap Parties Agents and the Secured Cash Management Providers Parties pursuant to the DIP Order and the Liens granted to the Collateral Agent pursuant to the DIP Order shall not be affected in any manner by the entry of a Confirmation Order.

Appears in 1 contract

Samples: Superpriority Secured Debtor in Possession Credit and Guaranty Agreement (GWG Holdings, Inc.)

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