No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the obligations of the Borrower or any other Grantor, which are absolute and unconditional, to pay the Senior Obligations and the Second Priority Debt Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 7 contracts
Samples: Indenture (Hilton Grand Vacations Inc.), Credit Agreement (Driven Brands Holdings Inc.), Credit Agreement (Mercury Systems Inc)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Junior Priority Representatives and the Second Junior Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the obligations of the Borrower or any other Grantor, which are absolute and unconditional, to pay the Senior Obligations and the Second Junior Priority Debt Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Vine Resources Inc.), Term Loan B Credit Agreement (Vine Resources Inc.), Term Loan Credit Agreement (Vine Resources Inc.)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Junior Priority Representatives and Representatives, the Second Junior Priority Debt Parties, the Grantors and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the rights or obligations of the Borrower or any other Grantor, which obligations are absolute and unconditional, to pay the Senior Obligations and the Second Junior Priority Debt Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Avaya Holdings Corp.), Credit Agreement (Vistra Energy Corp), Credit Agreement (Energy Future Competitive Holdings Co LLC)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior RepresentativesABL Representative, the Senior ABL Secured Parties, the Second Term Priority Representatives and Representatives, the Second Term Priority Debt Parties, the Grantors and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the rights or obligations of the Borrower or any other Grantor, which obligations are absolute and unconditional, to pay the Senior Obligations and the Second Junior Priority Debt Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Avaya Holdings Corp.), Abl Credit Agreement (Avaya Holdings Corp.)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Junior Priority Representatives and the Second Junior Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the rights or obligations of the Borrower Borrowers or any other Grantor, which obligations are absolute and unconditional, to pay the Senior Obligations and the Second Junior Priority Debt Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Transfirst Holdings Corp.), Second Lien Credit Agreement (Transfirst Holdings Corp.)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the obligations of the either Borrower or any other Grantor, which are absolute and unconditional, to pay the Senior Obligations and the Second Priority Debt Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 2 contracts
Samples: Credit Agreement (Trinseo S.A.), Credit Agreement (Trinseo S.A.)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Priority Junior Representatives and the Second Junior Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in debtor-in-possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to rights (other than any provision hereof expressly preserving any right of, or shall impair the obligations of directly affecting, the Borrower or any other Grantor, which are absolute and unconditional, to pay the Grantor under this Agreement or any Senior Obligations and the Second Debt Document or Junior Priority Debt Obligations as and when the same shall become due and payable in accordance with their termsDocument).
Appears in 2 contracts
Samples: Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (Wyndham Destinations, Inc.)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior RepresentativesTenaska, the Senior Secured Junior Lien Collateral Trustee and the other Junior Priority Parties, the Second Priority Representatives and the Second Priority Debt PartiesGrantors, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the rights or obligations of the Borrower or any other Grantor, which obligations are absolute and unconditional, to pay the Senior Obligations and the Second Junior Priority Debt Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 2 contracts
Samples: Revolving Credit Agreement, Shared Collateral Intercreditor Agreement
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior RepresentativesFirst Lien Collateral Agent, the other Senior Secured Parties, the Second Priority Representatives Lien Collateral Agent and the Second other Junior Priority Debt Parties, the Grantors, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the rights or obligations of the Borrower or any other Grantor, which obligations are absolute and unconditional, to pay the Senior Obligations and the Second Priority Debt Junior Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 2 contracts
Samples: First Lien/Second Lien Intercreditor Agreement (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Junior Representatives and the Second Junior Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in debtor-in-possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to rights (other than any provision hereof expressly preserving any right of, or shall impair the obligations of the Borrower directly affecting, Holdings or any other Grantor, which are absolute and unconditional, to pay the Grantor under this Agreement or any Senior Obligations and the Second Debt Document or Junior Priority Debt Obligations as and when the same shall become due and payable in accordance with their termsDocument).
Appears in 2 contracts
Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives Junior Representative and the Second Priority Debt Junior Secured Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the obligations of the Borrower or any other Grantor, which are absolute and unconditional, to pay the Senior Obligations and the Second Priority Debt Junior Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 1 contract
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior RepresentativesLien Representative, the Senior Lien Secured Parties, the Second Priority Representatives Junior Lien Representative and the Second Priority Debt Junior Lien Secured Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the obligations of the Borrower or any other Grantor, which are absolute and unconditional, to pay the Senior Lien Obligations and the Second Priority Debt Junior Lien Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 1 contract
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Priority Junior Representatives and the Second Junior Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in debtor-in-possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to rights (other than any provision hereof expressly preserving any right of, or shall impair the obligations of the Borrower directly affecting, Holdings or any other Grantor, which are absolute and unconditional, to pay the Grantor under this Agreement or any Senior Obligations and the Second Debt Document or Junior Priority Debt Obligations as and when the same shall become due and payable in accordance with their termsDocument).
Appears in 1 contract
Samples: Intercreditor Agreement (Houghton Mifflin Harcourt Co)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Junior Priority Representatives and the Second Junior Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the obligations of the any Borrower or any other Grantor, which are absolute and unconditional, to pay the Senior Obligations and the Second Junior Priority Debt Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 1 contract
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Junior Priority Representatives Representative and the Second Priority Debt Junior Lien Secured Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the obligations of the Borrower or any other Grantor, which are absolute and unconditional, to pay the Senior Obligations (including, for purposes hereof, any Excess Senior Obligations) and the Second Priority Debt Junior Lien Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 1 contract
Samples: Intercreditor Agreement
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the rights or obligations of the Borrower Issuer or any other Grantor, which obligations are absolute and unconditional, to pay the Senior Obligations and the Second Priority Debt Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 1 contract
Samples: Indenture (REV Group, Inc.)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to or shall impair the obligations of the Borrower Borrowers or any other Grantor, which are absolute and unconditional, to pay the Senior Obligations and the Second Priority Debt Obligations as and when the same shall become due and payable in accordance with their terms.
Appears in 1 contract
Samples: Credit Agreement (Patheon Inc)
No Third Party Beneficiaries; Successors and Assigns. The lien priorities set forth in this Agreement and the rights and benefits hereunder in respect of such lien priorities shall inure solely to the benefit of the Senior Representatives, the Senior Secured Parties, the Second Priority Junior Representatives and the Second Junior Priority Debt Parties, and their respective permitted successors and assigns, and no other Person (including the Grantors, or any trustee, receiver, debtor in debtor-in-possession or bankruptcy estate in a bankruptcy or like proceeding) shall have or be entitled to assert such rights. Nothing in this Agreement is intended to rights (other than any provision hereof expressly preserving any right of, or shall impair directly affecting, Holdings, the obligations of the Borrower Borrowers or any other Grantor, which are absolute and unconditional, to pay the Grantor under this Agreement or any Senior Obligations and the Second Debt Document or Junior Priority Debt Obligations as and when the same shall become due and payable in accordance with their termsDocument).
Appears in 1 contract
Samples: Credit Agreement (W R Grace & Co)