No Waiver of Lien Priorities. (a) No right of the First-Lien Secured Parties, the First-Lien Agent or any of them to enforce any provision of this Agreement or any First-Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any of the Borrower or any other Grantor or by any act or failure to act by any First-Lien Secured Party or the First-Lien Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-Lien Documents or any of the Second-Lien Loan Documents, regardless of any knowledge thereof which the First-Lien Agent or the First-Lien Secured Parties, or any of them, may have or be otherwise charged with.
Appears in 3 contracts
Samples: Credit Agreement (GSE Holding, Inc.), Credit Agreement (GSE Holding, Inc.), Intercreditor Agreement (GSE Holding, Inc.)
No Waiver of Lien Priorities. (a) No right of the First-Lien Secured PartiesCreditors, the First-Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any of the Borrower or any other Grantor or by any act or failure to act by any First-Lien Secured Party Creditor or the First-Lien Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-Lien Documents or any of the Second-Lien Loan Notes Documents, regardless of any knowledge thereof which the First-Lien Collateral Agent or the First-Lien Secured PartiesCreditors, or any of them, may have or be otherwise charged with.
Appears in 3 contracts
Samples: Intercreditor Agreement (Trico Marine Services Inc), Intercreditor Agreement (Trico Marine Services Inc), Intercreditor Agreement (Trico Marine Services Inc)
No Waiver of Lien Priorities. (a) No right of the First-Lien Secured PartiesCreditors, the U.S. First-Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any of Holdings, the Parent Borrower or any other Grantor or by any act or failure to act by any First-Lien Secured Party Creditor or the U.S. First-Lien Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-Lien Documents or any of the Second-Lien Loan Documents, regardless of any knowledge thereof which the U.S. First-Lien Collateral Agent or the other First-Lien Secured PartiesCreditors, or any of them, may have or be otherwise charged with.
Appears in 3 contracts
Samples: The Credit Agreement (RSC Holdings Inc.), Term Loan Credit Agreement (RSC Holdings Inc.), Intercreditor Agreement (RSC Holdings Inc.)
No Waiver of Lien Priorities. (a) No right of the First-Lien Secured PartiesCreditors, the First-Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any of Holdings, the Borrower or any other Grantor or by any act or failure to act by any First-Lien Secured Party Creditor or the First-Lien Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-Lien Documents or any of the Second-Lien Loan Note Documents, regardless of any knowledge thereof which the First-Lien Collateral Agent or the First-Lien Secured PartiesCreditors, or any of them, may have or be otherwise charged with.
Appears in 2 contracts
Samples: Intercreditor Agreement (Appvion, Inc.), Credit Agreement (Paperweight Development Corp)
No Waiver of Lien Priorities. (a) No right of the First-First Lien Secured Parties, the First-First Lien Administrative Agent or any of them to enforce any provision of this Agreement or Agreement, any First-First Lien 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 of the Borrower or any other Grantor or by any act or failure to act by any First-First Lien Secured Party or the First-First Lien Administrative Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-First Lien Loan Documents or any of the Second-Second Lien Loan Documents, regardless of any knowledge thereof which the First-Lien Agent or the First-any First Lien Secured PartiesParty, any First Lien Administrative Agent, or any of them, may have or be otherwise charged with.
Appears in 2 contracts
Samples: Credit Agreement (PGA Holdings, Inc.), Credit Agreement (PGA Holdings, Inc.)
No Waiver of Lien Priorities. (a) No right of the First-Lien Secured PartiesCreditors, the First-Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any of the Borrower or any other Grantor or by any act or failure to act by any First-Lien Secured Party Creditor or the First-Lien Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-Lien Documents or any of the Second-Lien Loan Subordinated Notes Documents, regardless of any knowledge thereof which the First-Lien Collateral Agent or the First-Lien Secured PartiesCreditors, or any of them, may have or be otherwise charged with.
Appears in 2 contracts
Samples: Intercreditor Agreement (CMP Susquehanna Radio Holdings Corp.), Intercreditor Agreement (CMP Susquehanna Radio Holdings Corp.)
No Waiver of Lien Priorities. (a) No right of the First-First Lien Secured PartiesClaimholders, the First-First Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-First Lien 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 of the U.S. Borrower or any other Grantor or by any act or failure to act by any First-First Lien Secured Party Claimholder or the First-First Lien Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-First Lien Loan Documents or any of the Second-Second Lien Loan Documents, regardless of any knowledge thereof which the First-First Lien Collateral Agent or the First-First Lien Secured PartiesClaimholders, or any of them, may have or be otherwise charged with.
Appears in 2 contracts
Samples: Counterpart Agreement (Arizona Chemical Ltd.), Counterpart Agreement (Arizona Chemical Ltd.)
No Waiver of Lien Priorities. (a) No right of the First-Lien Secured PartiesCreditors, the First-Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any of Holdings, the Borrower or any other Grantor or by any act or failure to act by any First-Lien Secured Party Creditor or the First-Lien Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-Lien Documents or any of the Second-Lien Loan Credit Documents, regardless of any knowledge thereof which the First-Lien Collateral Agent or the First-Lien Secured PartiesCreditors, or any of them, may have or be otherwise charged with.
Appears in 2 contracts
Samples: Intercreditor Agreement (Nuveen Investments Holdings, Inc.), Credit Agreement (Nuveen Investments Inc)
No Waiver of Lien Priorities. (a) No right of the First-First Lien Secured Parties, the First-First Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-First Lien 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 of the Borrower Company or any other Grantor or by any act or failure to act by any First-First Lien Secured Party or the First-First Lien Collateral Agent, or by any Terremark — Intercreditor Agreement noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-First Lien Loan Documents or any of the Second-Second Lien Loan Documents, regardless of any knowledge thereof which the First-First Lien Collateral Agent or the First-First Lien Secured Parties, or any of them, may have or be otherwise charged with.;
Appears in 1 contract
No Waiver of Lien Priorities. (a) No right of the First-Lien Secured PartiesCreditors, the First-Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any of the Borrower or any other Grantor or by any act or failure to act by any First-Lien Secured Party Creditor or the First-Lien Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-Lien Documents or any of the Second-Lien Loan Note Documents, regardless of any knowledge thereof which the First-Lien Collateral Agent or the First-Lien Secured PartiesCreditors, or any of them, may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Lien Priorities. (a) No right of the First-Lien Secured PartiesCreditors, the First-Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any of the Holdings, any Borrower or any other Grantor or by any act or failure to act by any First-Lien Secured Party Creditor or the First-Lien Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-Lien Documents or any of the Second-Lien Loan Documents, regardless of any knowledge thereof which the First-Lien Collateral Agent or the First-Lien Secured PartiesCreditors, or any of them, may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Lien Priorities. (a) No right of the First-any First Lien Secured Parties, Party or the First-First Lien Administrative Agent or any of them to enforce any provision of this Agreement or any First-First Lien 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 of the Borrower or any other Grantor or by any act or failure to act by any First-First Lien Secured Party or the First-First Lien Administrative Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-First Lien Loan Documents, any of the Second Lien Note Documents or any of the Second-Additional Parity Lien Loan Facility Documents, regardless of any knowledge thereof which the First-Lien Agent or the First-any First Lien Secured Parties, or any of them, Parties may have or be otherwise charged with.
Appears in 1 contract
Samples: Intercreditor Agreement (Mohegan Tribal Gaming Authority)
No Waiver of Lien Priorities. (a) No right of the First-First Lien Secured Parties, the First-First Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-First Lien 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 of the Borrower or any other Grantor or by any act or failure to act by any First-First Lien Secured Party or the First-First Lien Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First-First Lien Loan Documents or any of the Second-Second Lien Loan Documents, regardless of any knowledge thereof which the First-First Lien Collateral Agent or the First-First Lien Secured Parties, or any of them, may have or be otherwise charged with.
Appears in 1 contract
Samples: Intercreditor Agreement (Uranium Resources Inc /De/)
No Waiver of Lien Priorities. (a) No right of the First-First Lien Secured Parties, the First-First Lien Collateral Agent or any of them to enforce any provision of this Agreement or any First-First Lien 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 of the Borrower or any other Grantor or by any act or failure to act by any First-First Lien Secured Party or the First-First Lien Collateral Agent, or by any noncompliance by any Person person with the terms, provisions and covenants of this Agreement, any of the First-First Lien Loan Documents or any of the Second-Second Lien Loan Documents, regardless of any knowledge thereof which the First-First Lien Collateral Agent or the First-other First Lien Secured Parties, or any of them, may have or be otherwise charged with.
Appears in 1 contract
