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

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: Loan and Guaranty Agreement (Delphi Corp), Loan and Guaranty Agreement, Loan and Guaranty Agreement

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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: Loan and Guaranty Agreement (Delphi Corp), Delphi Corp

No Discharge; Survival of Claims. Each of the Borrower and the Guarantors Credit Party agrees that to the extent that the Obligations hereunder have not been satisfied in full in cash (ia) its obligations Obligations arising hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan Confirmation Order (and each of the Borrower and the GuarantorsCredit 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 Order Orders and described in Section 2.25 2.25(a) and the Liens granted to the Administrative Agent pursuant to the Approval Order Orders and described in Sections 2.25 Section 2.25(b), (c) and 2.27 (d) shall not be affected in any manner by the entry of an order confirming a Reorganization PlanConfirmation Order.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NewPage 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: Security and Pledge Agreement (Ual Corp /De/)

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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: Credit and Guaranty Agreement (Ntelos Inc)

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