Common use of No Waiver of Lien Priorities Clause in Contracts

No Waiver of Lien Priorities. (a) No right of the Agents, the other ABL Claimholders or the other Note Claimholders to enforce any provision of this Agreement or any ABL Loan Document or Note Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Agents, ABL Claimholders or Note Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note Documents, regardless of any knowledge thereof which the Agents or the ABL Claimholders or Note Claimholders, or any of them, may have or be otherwise charged with.

Appears in 8 contracts

Samples: Second Amended And, Intercreditor Agreement (Armstrong Coal Company, Inc.), Intercreditor Agreement (Armstrong Energy, Inc.)

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No Waiver of Lien Priorities. (a) No right of the Agents, the other ABL Claimholders or the other Note Notes Claimholders to enforce any provision of this Agreement or any ABL Loan Document or Note Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Agents, ABL Claimholders Claimholder or Note Notes Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note Notes Documents, regardless of any knowledge thereof which the Agents or the ABL Claimholders or Note Notes Claimholders, or any of them, may have or be otherwise charged with.

Appears in 3 contracts

Samples: Intercreditor Agreement (Horizon Lines, Inc.), Intercreditor Agreement (Horizon Lines, Inc.), Intercreditor Agreement (Exide Technologies)

No Waiver of Lien Priorities. (a) No right of the Agents, the other ABL Claimholders Agents or the other Note Claimholders to enforce any provision of this Agreement or any ABL Loan Document or Note Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Agents, ABL Claimholders Agents or Note Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note Term Loan Documents, regardless of any knowledge thereof which the Agents or the ABL Claimholders or Note the Term Claimholders, or any of them, may have or be otherwise charged with.

Appears in 2 contracts

Samples: Intercreditor Agreement (Libbey Inc), Intercreditor Agreement (Libbey Inc)

No Waiver of Lien Priorities. (a) No right of the Agents, the other ABL Claimholders or the other Note Claimholders to enforce any provision of this Agreement or any ABL Loan Document or Note Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Agents, ABL Claimholders Claimholder or Note Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note Documents, regardless of any knowledge thereof which the Agents or the ABL Claimholders or Note Claimholders, or any of them, may have or be otherwise charged with.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Louisiana-Pacific Corp)

No Waiver of Lien Priorities. (a) No right of the Agents, the other ABL Claimholders Agents or the other Note Claimholders to enforce any provision of this Agreement or any ABL Loan Document or Note Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Agents, ABL Claimholders Agents or Note Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note Notes Documents, regardless of any knowledge thereof which the Agents or the ABL Claimholders or Note the Notes Claimholders, or any of them, may have or be otherwise charged with.

Appears in 2 contracts

Samples: Intercreditor Agreement (Libbey Inc), Intercreditor Agreement (Libbey Inc)

No Waiver of Lien Priorities. (a) No right of the Agents, the other ABL Bank Claimholders or the other Note Claimholders to enforce any provision of this Agreement or any ABL Bank Loan Document or Note Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Agents, ABL Bank Claimholders or Note Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Bank Loan Documents or any of the Note Documents, regardless of any knowledge thereof which the Agents or the ABL Bank Claimholders or Note Claimholders, or any of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement

No Waiver of Lien Priorities. (a) No right of the Collateral Agents, the other ABL Claimholders or the other Note Notes Claimholders to enforce any provision of this Agreement or any ABL Loan Document or Note Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Collateral Agents, ABL Claimholders or Note Notes Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note Notes Documents, regardless of any knowledge thereof which the Collateral Agents or the ABL Claimholders or Note Notes Claimholders, or any of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Collateral Agreement (Arconic Corp)

No Waiver of Lien Priorities. (a) No right of the Agents, the other ABL Claimholders Agents or the other Note Claimholders to enforce any provision of this Agreement or any ABL Loan Document or Note Term Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Agents, ABL Claimholders Agents or Note Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note Term Documents, regardless of any knowledge thereof which the Agents or the ABL Claimholders or Note the Term Claimholders, or any of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Clean Harbors Inc)

No Waiver of Lien Priorities. (a) No right of the Agents, the other ABL Claimholders Agents or the other Note Claimholders to enforce any provision of this Agreement or any ABL Loan Document or Note Fixed Asset Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Agents, ABL Claimholders Agents or Note Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of (i) this Agreement, (ii) any of the ABL Loan Documents or (iii) any of the Note Fixed Asset Documents, regardless of any knowledge thereof which the Agents or the other ABL Claimholders or Note the other Fixed Asset Claimholders, or any of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Thermadyne Australia Pty Ltd.)

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No Waiver of Lien Priorities. (a) No right of the Agents, the other ABL Claimholders or the other Note Claimholders to enforce any provision of this Agreement or Agreement, any ABL Loan Document or Note any Term Debt Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Agents, ABL Claimholders or Note Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents Document or any of the Note DocumentsTerm Debt Document, regardless of any knowledge thereof which the Agents or the ABL Claimholders or Note Claimholders, or any of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement

No Waiver of Lien Priorities. (a) No right of the Agents, the other ABL Claimholders or the other Note Claimholders to enforce any provision of this Agreement or any ABL Loan Document or Note Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by such Agents, ABL Claimholders or Note Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note Documents, regardless of any knowledge thereof which the Agents or the ABL Claimholders or Note Claimholders, or any of them, may have or be otherwise charged with.. Exhibit E

Appears in 1 contract

Samples: Intercreditor Agreement (AbitibiBowater Inc.)

No Waiver of Lien Priorities. (ad) No right of the AgentsABL Agent, the other ABL Claimholders Secured Parties, the Collateral Agent or the other Note Claimholders to enforce any provision of this Agreement or Agreement, any ABL Loan Document or Note any other Noteholder Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by such Agents, ABL Claimholders or Note Claimholders Persons or by any noncompliance by any such Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note other Noteholder Documents, regardless of any knowledge thereof which the Agents or the ABL Claimholders or Note Claimholderssuch Persons, or any of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (New Enterprise Stone & Lime Co., Inc.)

No Waiver of Lien Priorities. (a) No right of the AgentsABL Agent, the other ABL Claimholders Secured Parties, the Collateral Agent or the other Note Claimholders to enforce any provision of this Agreement or Agreement, any ABL Loan Document or Note any other Noteholder Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by such Agents, ABL Claimholders or Note Claimholders Persons or by any noncompliance by any such Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note other Noteholder Documents, regardless of any knowledge thereof which the Agents or the ABL Claimholders or Note Claimholderssuch Persons, or any of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (New Enterprise Stone & Lime Co., Inc.)

No Waiver of Lien Priorities. (a) No right of the AgentsABL Claimholders, the other ABL Claimholders Collateral Agent or the other Note Claimholders any of them to enforce any provision of this Agreement or any ABL Loan Document or Note Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any ABL Grantor or by any act or failure to act by such Agentsany ABL Claimholder or the ABL Collateral Agent, ABL Claimholders or Note Claimholders or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Note Term Loan Documents, regardless of any knowledge thereof which the Agents ABL Collateral Agent or the any ABL Claimholders or Note ClaimholdersClaimholder, or any of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Abl Intercreditor Agreement (Green Plains Inc.)

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