Common use of Notes Obligations Unconditional Clause in Contracts

Notes Obligations Unconditional. Subject to compliance with the terms of this Agreement, all rights of the Noteholder Collateral Agent hereunder, and all agreements and obligations of the Senior Agent, the Senior Lenders and the Obligors (to the extent applicable) hereunder, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any Indenture Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Notes Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Indenture Document; (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of all or any portion of the Notes Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Obligor in respect of the Notes Obligations, or of the Senior Agent, any Senior Lender or any Obligor (to the extent applicable) in respect of this Agreement.

Appears in 2 contracts

Samples: Indenture (Angiotech Pharmaceuticals Inc), Indenture (Angiotech Pharmaceuticals Inc)

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Notes Obligations Unconditional. Subject to compliance with the terms of this Agreement, all All rights of the Noteholder Notes Collateral Agent Agents hereunder, and all agreements and obligations of the Senior Agent, the Senior Lenders ABL Agent and the Obligors Loan Parties (to the extent applicable) hereunder, shall shall, except as otherwise specifically provided herein, remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any Indenture Notes Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Notes Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Indenture DocumentNotes Document (but solely to the extent permitted pursuant to Section 5.2(b) above); (iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral, or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding refunding, restatement or restatement increase of all or any portion of the Notes Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Obligor Loan Party in respect of the Notes Obligations, or of the Senior Agent, any Senior Lender ABL Agent or any Obligor (Loan Party, to the extent applicable) , in respect of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Abercrombie & Fitch Co /De/)

Notes Obligations Unconditional. Subject to compliance with the terms of this Agreement, all All rights of the Noteholder Collateral Notes Agent hereunder, and all agreements and obligations of the Senior ABL Agent, the Senior Lenders Term Loan Agent, ABL Loan Parties and the Obligors Term Loan Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of: (ia) any lack of validity or enforceability of any Indenture Notes Document; (iib) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Notes Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Indenture Notes Document; (iiic) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral, or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding refunding, restatement or restatement increase of all or any portion of the Notes Obligations or any guarantee or guaranty thereof; or (ivd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Obligor Notes Party in respect of the Notes Obligations, of any of the ABL Agent or any ABL Loan Party, or of the Senior Agent, Term Loan Agent or of any Senior Lender or any Obligor (Term Loan Party to the extent applicable) , in respect of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (U.S. Well Services, Inc.)

Notes Obligations Unconditional. Subject to compliance with the terms of this Agreement, all All rights of the Noteholder Collateral Notes Agent hereunder, and all agreements and obligations of the Senior Agent, the Senior Lenders ABL Agent and the Obligors Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any Indenture Notes Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Notes Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Indenture Notes Document; (iii) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral, or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding refunding, restatement or restatement increase of all or any portion of the Notes Obligations or any guarantee or guaranty thereof; or (iv) any other circumstances that otherwise might constitute a defense (other than payment in full of the Notes Obligations) available to, or a discharge of, any Obligor Credit Party in respect of the Notes Obligations, or of any of the Senior Agent, any Senior Lender ABL Agent or any Obligor (Credit Party, to the extent applicable) , in respect of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (GameStop Corp.)

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Notes Obligations Unconditional. Subject to compliance with All rights and interests of the terms of Notes Agent under this Agreement, all rights of the Noteholder Collateral Agent hereunder, and all agreements and obligations of the Senior Agent, the Senior Lenders Revolving Agent and the Obligors (Credit Parties, to the extent applicable) , hereunder, shall remain in full force and effect irrespective of: (ia) any lack of validity or enforceability of the Note Purchase Agreement or any Indenture other Notes Document; (iib) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Notes Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding refunding, extension, renewal or restatement of the Note Purchase Agreement or any Indenture other Notes Document, in each case as permitted under this Agreement; (iiic) any exchange, release, voiding, avoidance release or non non-perfection of any security interest in any Collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding refunding, extension, renewal or restatement of all or any portion of the Notes Obligations or any guarantee or guaranty thereof; or (ivd) any other circumstances that which otherwise might constitute a defense available to, or a discharge of, any Obligor Credit Party in respect of the Notes Obligations, or of any of the Senior Agent, any Senior Lender Revolving Agent or any Obligor (Credit Party, to the extent applicable) , in respect of this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Keane Group, Inc.)

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