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 Agent and the Lenders pursuant to the Orders and described in Section 2.24 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.24 and 2.26 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

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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 Agent and the Lenders Banks pursuant to the Orders Final Order and described in Section 2.24 2.23 and the Liens granted to the Agent pursuant to the Orders Final Order and described in Sections 2.24 2.23 and 2.26 2.25 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 (LTV 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 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 2.24 2.23 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.24 2.23 and 2.26 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: Revolving Credit and Guaranty Agreement (Armstrong World 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, 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 2.24 2.23 and the Liens Lien granted to the Agent pursuant to the Orders and described in Sections 2.24 and 2.26 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: Revolving 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 2.24 2.22 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.22 and 2.24 and 2.26 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.

Appears in 1 contract

Samples: Secured Super Priority Debtor in Possession Revolving 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 Banks pursuant to the Orders and described in Section 2.24 2.23 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.24 2.23 and 2.26 2.25 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 (Galey & Lord 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 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 2.24 2.23 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.24 2.23 and 2.26 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: Revolving Credit and Guaranty Agreement (Thermadyne Holdings Corp /De)

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 2.24 2.23 and the Liens granted to the Agent pursuant to the Orders order and described in Sections 2.24 2.23 and 2.26 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: Revolving Credit and Guaranty Agreement (Laroche Industries Inc)

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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 Agent Agents and the Lenders pursuant to the Orders and described in Section 2.24 2.23 and the Liens granted to the Agent Agents pursuant to the Orders and described in Sections 2.24 2.23 and 2.26 2.25 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 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 2.24 2.20 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.24 2.20 and 2.26 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: Revolving 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 2.24 2.22 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.22 and 2.24 and 2.26 shall not be affected in any manner by the entry of an order confirming a Reorganization PlanPlan of Reorganization.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Marvel Entertainment Group 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 2.24 2.23 and the Liens granted to the Agent pursuant to the Orders Order and described in Sections 2.24 2.23 and 2.26 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: Revolving Credit and Guaranty Agreement (Brunos Inc)

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