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 Super Senior Claimholders and the Subordinated Lien Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are intended solely for the purpose of defining the relative rights of the Super Senior Collateral Agent and the Super Senior Claimholders on the one hand and the Subordinated Lien Collateral Agent and the Subordinated Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior Claimholders or as among the Subordinated 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 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 Super Senior Obligations and the Subordinated Lien Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 3 contracts
Samples: Intercreditor Agreement (Nauticus Robotics, Inc.), Intercreditor Agreement (Nauticus Robotics, Inc.), 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 Super Senior First Lien Claimholders and the Subordinated 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 Super Senior First Lien Collateral Agent and the Super Senior other First Lien Claimholders on the one hand and the Subordinated Second Lien Collateral Agent Agents and the Subordinated other Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior First Lien Claimholders or as among the Subordinated 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 Super Senior First Lien Obligations and the Subordinated Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 2 contracts
Samples: Omnibus Amendment to Transaction Documents (Karyopharm Therapeutics Inc.), Indenture (Karyopharm Therapeutics 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 Super Senior Lien Claimholders and the Subordinated 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 Super Senior Lien Collateral Agent and the Super other Senior Lien Claimholders on the one hand and the Subordinated Junior Lien Collateral Agent and the Subordinated other Junior Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior Lien Claimholders or as among the Subordinated Junior 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 Super Senior Lien Obligations and the Subordinated Junior Lien Obligations as and when the same shall become due and payable in accordance with their terms.
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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 Collateral Agents, the Super Senior ABL Claimholders and the Subordinated 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 Super Senior Collateral ABL Agent and the Super Senior ABL Claimholders on the one hand and the Subordinated Lien Collateral Note Security Agent and the Subordinated Lien Note Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior ABL Claimholders or as among the Subordinated 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, Company nor any Grantor 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 Super Senior ABL Obligations, the Excess ABL Obligations, the Note Obligations and the Subordinated 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 Super Senior First Lien Claimholders and the Subordinated 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 Super Senior Collateral First Lien Administrative Agent and the Super Senior other First Lien Claimholders on the one hand and the Subordinated Second Lien Collateral Agent Trustee and the Subordinated other Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior First Lien Claimholders or as among the Subordinated Second Lien 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, 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 Super Senior First Lien Obligations and the Subordinated Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.
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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 Collateral Agents, the Super Senior First Lien Claimholders and the Subordinated Second Lien Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are intended solely for the purpose of defining the relative rights of the Super Senior First Lien Collateral Agent and the Super Senior First Lien Claimholders on the one hand and the Subordinated Second Lien Collateral Agent and the Subordinated Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior First Lien Claimholders or as among the Subordinated 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 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 Super Senior First Lien Obligations and the Subordinated Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.
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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 Collateral Agents, the Super Senior ABL Claimholders and the Subordinated 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 Super Senior ABL Collateral Agent Agents and the Super Senior ABL Claimholders on the one hand and the Subordinated Lien Fixed Asset Collateral Agent Agents and the Subordinated Lien Fixed Asset Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior ABL Claimholders or as among the Subordinated 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, Company nor any Grantor 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 Super Senior ABL Obligations and the Subordinated Lien Fixed Asset Obligations as and when the same shall become due and payable in accordance with their terms.
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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 Collateral Agents, the Super Senior ABL Claimholders and the Subordinated 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 Super Senior Collateral ABL Agent and the Super Senior ABL Claimholders on the one hand and the Subordinated Lien Collateral Term Agent and the Subordinated Lien Term Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior ABL Claimholders or as among the Subordinated 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, Company nor any Grantor 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 Super Senior ABL Obligations, the Excess ABL Obligations, the Term Obligations and the Subordinated 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)
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 Super Senior ABL Claimholders and the Subordinated Lien Senior Term Claimholders and the Junior 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 Super Senior ABL Collateral Agent and the Super Senior ABL Claimholders on the one hand and the Subordinated Lien Senior Term Collateral Agent Agents, the Senior Term Claimholders, the Junior Term Collateral Agents and the Subordinated Lien Claimholders Senior Term Claimholders, on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super ABL Claimholders, as among the Junior Term Claimholders, as among the Senior Term Claimholders or as among the Subordinated Lien Junior Term Claimholders and the Senior Term Claimholders. Other than as set forth in Section 8.38.3 and 8.18, none of the CompanyParent Borrower, any other Grantor or any other creditor thereof shall have any rights hereunder and neither the Company, Parent Borrower nor any Grantor may rely on the terms hereof. Nothing in this Agreement is intended to or shall impair the obligations of the Company Parent Borrower or any other Grantor, which are absolute and unconditional, to pay the Super ABL Obligations, the Senior Term Obligations and the Subordinated Lien Junior Term Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 1 contract
Samples: Abl/Term Intercreditor Agreement (Hornbeck Offshore Services Inc /La)
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 Super Senior ABL Claimholders and the Subordinated 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 Super Senior Collateral ABL Agent and the Super Senior ABL Claimholders on the one hand and the Subordinated Lien Collateral Term Agent and the Subordinated Lien Term Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior ABL Claimholders or as among the Subordinated 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, Company nor any Grantor 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 Super Senior ABL Obligations and the Subordinated Lien Term Obligations as and when the same shall become due and payable in accordance with their terms.
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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 Collateral Agents, the Super Senior ABL Claimholders and the Subordinated 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 Super Senior ABL Collateral Agent and the Super Senior other ABL Claimholders on the one hand and the Subordinated Lien Term Loan Collateral Agent and the Subordinated Lien other Term Loan Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior ABL Claimholders or as among the Subordinated 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 thereof shall have any rights hereunder and neither the Company, any ABL Grantors nor any Grantor 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 Super Senior ABL Obligations and the Subordinated Lien Term Loan Obligations as and when the same shall become due and payable in accordance with their terms.
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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 Collateral Agents, the Super Senior 2024 First Lien Claimholders and the Subordinated Second Lien Claimholders and their respective successors and assigns from time to time. The provisions of this Agreement are intended solely for the purpose of defining the relative rights of the Super Senior 2024 First Lien Collateral Agent and the Super Senior 2024 First Lien Claimholders on the one hand and the Subordinated Second Lien Collateral Agent and the Subordinated Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior 2024 First Lien Claimholders or as among the Subordinated 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 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 Super Senior 2024 First Lien Obligations and the Subordinated Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.
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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 Collateral Agents, the Super Senior First Lien Claimholders and the Subordinated 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 Super Senior First Lien Collateral Agent and the Super Senior other First Lien Claimholders on the one hand and the Subordinated Second Lien Collateral Notes Agent and the Subordinated other Second Lien Claimholders on the other hand. Nothing herein shall be construed to limit the relative rights and obligations as among the Super Senior First Lien Claimholders or as among the Subordinated 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 Super Senior First Lien Obligations and the Subordinated Second Lien Obligations as and when the same shall become due and payable in accordance with their terms.
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