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

No Discharge; Survival of Claims. Each of the Credit Parties agrees that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan in any Chapter 11 Case (and each of the Credit Parties, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the superpriority administrative claims granted to Agent and Lenders pursuant to the Interim Financing Order and Final Financing Order and described in Section 2.8, and the Liens granted to Agent pursuant to the Financing Orders and the other Security Documents and described in Section 2.8, shall not be affected in any manner by the entry of an order confirming a Reorganization Plan in any Chapter 11 Case.

Appears in 2 contracts

Samples: Credit Agreement (Wellman Inc), Credit Agreement (BMC Industries Inc/Mn/)

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No Discharge; Survival of Claims. Each The Borrower and each of the Credit other Loan Parties agrees that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan in any Chapter 11 Case (and the Borrower and each of the Credit other Loan Parties, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the superpriority administrative claims claim granted to Agent and Lenders the Lender pursuant to the Interim Financing Order and Final DIP Financing Order and described in Section 2.8, 2.10 and the Liens granted to Agent the Lender pursuant to the DIP Financing Orders and the other Security Documents Order and described in Section 2.8, 9.01 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan in any Chapter 11 CaseCases.

Appears in 2 contracts

Samples: Credit and Security Agreement (Ata Holdings Corp), Credit and Security Agreement

No Discharge; Survival of Claims. Each of Borrower and the Credit Parties agrees Guarantors agree, to the extent applicable, that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan plan of reorganization in any the Chapter 11 Case Cases (and each of Borrower and the Credit PartiesGuarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives waive any such discharge) and (b) the superpriority any super-priority administrative claims claim granted to Agent and Lenders Lender pursuant to the Interim Financing Order and Final Financing Order and any order described in Section 2.8, 1.12 and the Liens granted to Agent Lender pursuant to the Financing Orders and the other Security Documents and any order described in Section 2.8, 1.12 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan plan of reorganization in any the Chapter 11 CaseCases.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Torrent Energy Corp)

No Discharge; Survival of Claims. Each of the Credit Parties Borrower agrees that except as otherwise expressly agreed to by Lender (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan plan of reorganization in any the Chapter 11 Case (and each of the Credit Parties, Borrower pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (bii) the superpriority super-priority administrative claims claim granted to Agent and Lenders Lender pursuant to the Interim Financing Order and Final Financing Order and described in Section 2.8, 2.9(b) and the Liens granted to Agent Lender pursuant to the Financing Orders and the other Security Documents Final Order and described in Section 2.8, 2.9(c) shall not be affected in any manner by the entry of an order confirming a Reorganization Plan plan of reorganization in any the Chapter 11 Case.

Appears in 1 contract

Samples: Credit and Security Agreement (Apex Silver Mines LTD)

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No Discharge; Survival of Claims. Each Borrower and each of the Credit other Loan Parties agrees that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan in any Chapter 11 Case (and Borrower and each of the Credit other Loan Parties, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the superpriority administrative claims claim granted to Agent and Lenders the Lender pursuant to the Interim Financing Order and Final Financing Order and described in Section 2.8, 2.10 and the Liens granted to Agent Lender pursuant to the Financing Orders Interim Order and the other Security Documents Final Order and described in Section 2.8, 9.01 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan in any Chapter 11 CaseCases.

Appears in 1 contract

Samples: Credit and Security Agreement (Ata Holdings Corp)

No Discharge; Survival of Claims. Each of Borrower agrees, to the Credit Parties agrees extent applicable, that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan plan of reorganization in any Chapter 11 the Bankruptcy Case (and each of the Credit PartiesBorrower, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) ), and (b) the superpriority any super-priority administrative claims claim granted to Agent and Lenders Lender pursuant to the Interim Financing Order and Final Financing Order and any order described in this Section 2.8, 9 and the Liens granted to Agent Lender pursuant to the Financing Orders and the other Security Documents and any order described in this Section 2.8, 9 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan plan of reorganization in any Chapter 11 the Bankruptcy Case.

Appears in 1 contract

Samples: Credit Agreement (Rancher Energy Corp.)

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