No Waiver of Lien Priorities. (a) No right of the First Priority Creditors, the First Priority Agent or any of them to enforce any provision of this Agreement or any First Priority Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the First Priority Borrower or any other Grantor or by any act or failure to act by any First Priority Creditor or the First Priority Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First Priority Loan Documents or any of the Second Priority Loan Documents, regardless of any knowledge thereof which the First Priority Agent or the First Priority Creditors, or any of them, may have or be otherwise charged with. (b) No right of the Second Priority Creditors, the Second Priority Agent or any of them to enforce any provision of this Agreement or any Second Priority Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Borrowers or any other Grantor or by any act or failure to act by any Second Priority Creditor or the Second Priority Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the Second Priority Loan Documents, regardless of any knowledge thereof which the Second Priority Agent or the Second Priority Creditors, or any of them, may have or be otherwise charged with.
Appears in 4 contracts
Samples: Intercreditor Agreement (Gener8 Maritime, Inc.), Intercreditor Agreement (Gener8 Maritime, Inc.), Intercreditor Agreement (Gener8 Maritime, Inc.)
No Waiver of Lien Priorities. (a) No right of the First Priority CreditorsRevolver Claimholders, the First Priority Revolver Agent or any of them to enforce any provision of this Agreement or any First Priority Revolver Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the First Priority Borrower or any other Grantor or by any act or failure to act by any First Priority Creditor Revolver Claimholder or the First Priority Revolver Agent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the First Priority Revolver Loan Documents or any of the Second Priority Term Loan Documents, regardless of any knowledge thereof which the First Priority Revolver Agent or the First Priority CreditorsRevolver Claimholders, or any of them, may have or be otherwise charged with.
(b) . No right of the Second Priority CreditorsTerm Loan Claimholders, the Second Priority Term Loan Agent or any of them to enforce any provision of this Agreement or any Second Priority 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 the Borrowers or any other Grantor or by any act or failure to act by any Second Priority Creditor Term Loan Claimholder or the Second Priority Term Loan Agent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the Second Priority Revolver Loan Documents or any of the Term Loan Documents, regardless of any knowledge thereof which the Second Priority Term Loan Agent or the Second Priority CreditorsTerm Loan Claimholders, or any of them, may have or be otherwise charged with.
Appears in 1 contract
Samples: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.)
No Waiver of Lien Priorities. (a) No Prejudice or Impairment.
(i) No right of the First Priority CreditorsABL Claimholders, the First Priority ABL Agent or any of them to enforce any provision of this Agreement or any First Priority ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the First Priority Borrower or any other Grantor Obligor or by any act or failure to act by any First Priority Creditor ABL Claimholder or the First Priority ABL Agent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the First Priority ABL Loan Documents or any of the Second Priority Term Loan Documents, regardless of any knowledge thereof which the First Priority ABL Agent or the First Priority CreditorsABL Claimholders, or any of them, may have or be otherwise charged with.
(bii) No right of the Second Priority CreditorsTerm Loan Claimholders, the Second Priority Term Agent or any of them to enforce any provision of this Agreement or any Second Priority 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 the Borrowers or any other Grantor Obligor or by any act or failure to act by any Second Priority Creditor Term Loan Claimholder or the Second Priority Term Agent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the Second Priority Term Loan Documents or any of the ABL Loan Documents, regardless of any knowledge thereof which the Second Priority Term Agent or the Second Priority CreditorsTerm Loan Claimholders, or any of them, may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Lien Priorities. (a) (i) No right of the First Priority CreditorsCredit Agreement Claimholders, the First Priority Credit Agreement Collateral Agent or any of them to enforce any provision of this Agreement or any First Priority Credit Agreement Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the First Priority Borrower Company or any other Grantor or by any act or failure to act by any First Priority Creditor Credit Agreement Claimholder or the First Priority Credit Agreement Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First Priority Credit Agreement Loan Documents or any of the Second Priority Loan Pari Tranche Note Documents, regardless of any knowledge thereof which the First Priority Credit Agreement Collateral Agent or the First Priority CreditorsCredit Agreement Claimholders, or any of them, may have or be otherwise charged with.
with and (bii) No right of the Second Priority CreditorsPari Tranche Claimholders, the Second Priority Pari Tranche Collateral Agent or any of them to enforce any provision of this Agreement or any Second Priority Loan Pari Tranche Note Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Borrowers Company or any other Grantor or by any act or failure to act by any Second Priority Creditor Pari Tranche Claimholder or the Second Priority Pari Tranche Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the Second Priority Pari Tranche Note Documents or any of the Credit Agreement Loan Documents, regardless of any knowledge thereof which the Second Priority Pari Tranche Collateral Agent or the Second Priority CreditorsPari Tranche Claimholders, or any of them, may have or be otherwise charged with.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (KAR Auction Services, Inc.)
No Waiver of Lien Priorities. (a) No right of the First Priority CreditorsABL Claimholders, the First Priority any ABL Collateral Agent or any of them to enforce any provision of this Agreement or any First Priority ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the First Priority Borrower Holdings or any other Grantor or by any act or failure to act by any First Priority Creditor ABL Claimholder or the First Priority any ABL Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the First Priority ABL Loan Documents or any of the Second Priority Fixed Asset Loan Documents, regardless of any knowledge thereof which the First Priority ABL Collateral Agent or the First Priority CreditorsABL Claimholders, or any of them, may have or be otherwise charged with.
(b) . No right of the Second Priority CreditorsFixed Asset Claimholders, the Second Priority any Fixed Asset Collateral Agent or any of them to enforce any provision of this Agreement or any Second Priority Fixed Asset Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Borrowers Holdings or any other Grantor or by any act or failure to act by any Second Priority Creditor Fixed Asset Claimholder or the Second Priority any Fixed Asset Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the Second Priority ABL Loan Documents or any of the Fixed Asset Loan Documents, regardless of any knowledge thereof which the Second Priority any Fixed Asset Collateral Agent or the Second Priority CreditorsFixed Asset Claimholders, or any of them, may have or be otherwise charged with.
Appears in 1 contract
Samples: Term Loan Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.)