Common use of No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights Clause in Contracts

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Lien Claimholders and the Second Lien Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien Collateral Agent and the other First Lien Claimholders on the one hand and the Second Lien Collateral Agents and the other Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien Claimholders or as among the Second Lien Claimholders. Other than as set forth in Section 8.3, none of the Company, any other Grantor or any other creditor shall have any rights hereunder and neither the Company nor any Grantor nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Lien Obligations and the Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 2 contracts

Samples: Intercreditor Agreement (Karyopharm Therapeutics Inc.), Intercreditor Agreement (Karyopharm Therapeutics Inc.)

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No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Senior Lien Claimholders and the Second Junior Lien Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Senior Lien Collateral Agent and the other First Senior Lien Claimholders on the one hand and the Second Junior Lien Collateral Agents Agent and the other Second Junior Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Senior Lien Claimholders or as among the Second Junior Lien Claimholders. Other than as set forth in Section 8.3, none of the Company, any other Grantor or any other creditor shall have any rights hereunder and neither the Company nor any Grantor nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Senior Lien Obligations and the Second Junior Lien Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Lien ABL Claimholders and the Second Lien Term Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien Collateral ABL Agent and the other First Lien ABL Claimholders on the one hand and the Second Lien Collateral Agents Term Agent and the other Second Lien Term Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien ABL Claimholders or as among the Second Lien Term Claimholders. Other than as set forth in Section 8.39.3 and Section 9.18, none of the Company, any other Grantor or any other creditor thereof shall have any rights hereunder and neither the Company nor any Grantor nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Lien ABL Obligations and the Second Lien Term Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Intercreditor Agreement (Key Energy Services Inc)

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Lien ABL Claimholders and the Second Lien Note Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien Collateral ABL Agent and the other First Lien ABL Claimholders on the one hand and the Second Lien Collateral Agents Note Security Agent and the other Second Lien Note Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien ABL Claimholders or as among the Second Lien Note Claimholders. Other than as set forth in Section 8.3, none None of the Company, any other Grantor or any other creditor thereof shall have any rights hereunder and neither the Company nor any Grantor nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Lien ABL Obligations, the Excess ABL Obligations, the Note Obligations and the Second Lien Excess Note Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Intercreditor Agreement (Pioneer Energy Services Corp)

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the Collateral Agents, the 2024 First Lien Claimholders and the Second Lien Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the 2024 First Lien Collateral Agent and the other 2024 First Lien Claimholders on the one hand and the Second Lien Collateral Agents Agent and the other Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the 2024 First Lien Claimholders or as among the Second Lien Claimholders. Other than as set forth in Section 8.3, none of the Company, any other Grantor or any other creditor thereof shall have any rights hereunder and neither the Company Company, nor any Grantor nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the 2024 First Lien Obligations and the Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Intercreditor Agreement (Nauticus Robotics, Inc.)

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the Collateral Agents, the First Lien Claimholders and the Second Lien Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien Collateral Agent and the other First Lien Claimholders on the one hand and the Second Lien Collateral Agents Agent and the other Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien Claimholders or as among the Second Lien Claimholders. Other than as set forth in Section 8.3, none of the Company, any other Grantor or any other creditor thereof shall have any rights hereunder and neither the Company Company, nor any Grantor nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Lien Obligations and the Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Intercreditor Agreement (Nauticus Robotics, Inc.)

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Lien Claimholders and the Second Lien Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien Collateral Agent and the other First Lien Claimholders on the one hand and the Second Lien Collateral Agents Notes Agent and the other Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien Claimholders or as among the Second Lien Claimholders. Other than as set forth in Section 8.3, none of the Company, any other Grantor or any other creditor shall have any rights hereunder and neither the Company nor any Grantor nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Lien Obligations and the Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Intercreditor Agreement (CIMPRESS PLC)

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Lien ABL Claimholders and the Second Lien Term Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien Collateral ABL Agent and the other First Lien ABL Claimholders on the one hand and the Second Lien Collateral Agents Term Agent and the other Second Lien Term Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien ABL Claimholders or as among the Second Lien Term Claimholders. Other than as set forth in Section 8.39.22, none of the Company, any other Grantor or any other creditor thereof shall have any rights hereunder and neither the Company nor any Grantor nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Lien ABL Obligations, the Excess ABL Obligations, the Term Obligations and the Second Lien Excess Term Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Intercreditor Agreement (Pioneer Energy Services Corp)

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No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Lien ABL Claimholders and the Second Lien Fixed Asset Claimholders and their respective successors and assigns from Table of Contents time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien ABL Collateral Agent Agents and the other First Lien ABL Claimholders on the one hand and the Second Lien Fixed Asset Collateral Agents and the other Second Lien Fixed Asset Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien ABL Claimholders or as among the Second Lien Fixed Asset Claimholders. Other than as set forth in Section 8.39.3, none of the Company, any other Grantor or any other creditor thereof shall have any rights hereunder and neither the Company nor any Grantor nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Lien ABL Obligations and the Second Lien Fixed Asset Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Intercreditor Agreement (Capella Healthcare, Inc.)

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Lien ABL Claimholders and the Second Lien Term Loan Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien ABL Collateral Agent and the other First Lien ABL Claimholders on the one hand and the Second Lien Term Loan Collateral Agents Agent and the other Second Lien Term Loan Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien ABL Claimholders or as among the Second Lien Term Loan Claimholders. Other than as set forth in Section 8.3, none of the Company, any other ABL Grantor or any other creditor shall have any rights hereunder and neither the Company nor any Grantor ABL Grantors nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other ABL Grantor, which are absolute and unconditional, to pay the First Lien ABL Obligations and the Second Lien Term Loan Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Abl Intercreditor Agreement (Green Plains Inc.)

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Lien Claimholders and the Second Lien Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien Collateral Administrative Agent and the other First Lien Claimholders on the one hand and the Second Lien Collateral Agents Trustee and the other Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien Claimholders or as among the Second Lien Claimholders. Other than as set forth in Section 8.3, none None of the Company, any other Grantor or any other creditor shall have any rights hereunder and neither the Company nor any Grantor nor any other creditor may rely on the terms hereof, except as set forth in Section 8.3 or this sentence. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Lien Obligations and the Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Intercreditor Agreement (Sunedison, Inc.)

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Lien Claimholders and the Second Lien Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien Collateral Agent and the other First Lien Claimholders on the one hand and the Second Lien Collateral Agents Agent and the other Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien Claimholders or as among the Second Lien Claimholders. Other than as set forth in Section 8.3, none of the Company, any other Grantor or any other creditor thereof shall have any rights hereunder and neither the Company nor any Grantor nor any other creditor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Lien Obligations and the Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Intercreditor Agreement (RadNet, Inc.)

No Third Party Beneficiaries/ Provisions Solely to Define Relative Rights. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the First Lien Claimholders and the Second Lien Claimholders parties hereto and their respective successors and assigns from time to time. The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of the First Lien Representatives, the First Lien Collateral Agent Agents and the other First Lien Claimholders on the one hand and the Second Lien Representatives, the Second Lien Collateral Agents and the other Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the First Lien Claimholders or as among the Second Lien Claimholders. Other than ; as set forth in Section 8.3among the First Lien Claimholders, none such rights and obligations are governed by, and any provisions herein regarding them are therefore subject to, the provisions of the CompanyFirst Lien Pari Passu Intercreditor Agreement and as among the Second Lien Claimholders, such rights and obligations are governed by, and any other Grantor or any other creditor shall have any rights hereunder and neither provisions herein regarding them are therefore subject to, the Company nor any Grantor nor any other creditor may rely on provisions of the terms hereofSecond Lien Pari Passu Intercreditor Agreement. Nothing in this Agreement is intended to or shall impair the obligations of the Company or any other Grantor, which are absolute and unconditional, to pay the First Lien Obligations and the Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.

Appears in 1 contract

Samples: Second Lien Intercreditor Agreement (Engility Holdings, Inc.)

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