Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto or to any other Loan Document shall be binding upon each Loan Party, the estate of each Loan Party, and any trustee or successor in interest of any Loan Party in any Chapter 11 Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency laws, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent and Lenders and their respective assigns, transferees and endorsees. The Liens created by this Agreement, the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of any Loan Party to a case under Chapter 7 of the Bankruptcy Code, or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 3 contracts
Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement, Senior Secured Super Priority Debtor in Possession Credit Agreement (Aralez Pharmaceuticals Inc.), Senior Secured Super Priority Debtor in Possession Credit Agreement (Adeptus Health Inc.)
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto or to any other Loan Document shall be binding upon each Loan Party, the estate of each Loan Party, and any trustee or successor in interest of any Loan Party in any Chapter 11 Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency laws, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent and the Lenders and their respective assigns, transferees and endorsees. The Agent’s Liens created by this Agreement, Agreement and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of any Loan Party to a case under Chapter 7 of the Bankruptcy Code, or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Agent or any of the Lenders file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 2 contracts
Samples: Dip Credit Agreement (Storm Cat Energy CORP), Dip Credit Agreement (Foothills Resources Inc)
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Credit Documents, and all Liens created hereby or pursuant hereto or to any other Loan Credit Document shall be binding upon Company and each Loan PartyGuarantor, the estate of Company and each Loan PartyGuarantor, and any trustee or successor in interest of Company or any Loan Party Guarantor in any Chapter 11 Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency laws, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Credit Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent Agents and Lenders and their respective assigns, transferees and endorsees. The Liens created by this Agreement, Agreement and the other Loan Credit Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of Company or any Loan Party Guarantor to a case under Chapter 7 of the Bankruptcy Code, or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Term Loan and Guaranty Agreement (Dura Automotive Systems Inc)
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto or to any other Loan Document shall be binding upon each Loan PartyBorrower, the estate of each Loan PartyBorrower, and any trustee or successor in interest of any Loan Party each Borrower in any its Chapter 11 Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency laws, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent Bank and Lenders and their respective its assigns, transferees and endorsees. The security Liens created by this Agreement, Agreement and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of any Loan Party Borrower to a case under Chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the property of any Borrower or jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders Bank file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens and other rights and privileges created hereby or pursuant hereto to the Security Agreements or to any other Loan Document shall be binding upon each Loan Credit Party, the estate of each Loan Credit Party, and any trustee or successor in interest of any Loan Credit Party in any the Chapter 11 Case Cases or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent and Lenders each Lender and each of their respective assigns, transferees and endorsees. The Liens created by this Agreement, the Security Agreements and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of any Loan Credit Party to a case under Chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders Agent file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto or to any other Loan Document Document, shall be binding upon each Loan PartyBorrower, the estate Estate of each Loan PartyBorrower, and any trustee or successor in interest of any Loan Party Borrower in any the Chapter 11 Case Cases or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent Agents and the Lenders and their respective assigns, transferees and endorsees. The Liens created by this Agreement, Agreement and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of any Loan Party to a case under Chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any the Chapter 11 Case Cases or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that the Lenders file financing statements or otherwise perfect its their security interests or Liens under applicable law.
Appears in 1 contract
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto or to any other Loan Document shall be binding upon each Loan PartyBorrower, the estate of each Loan PartyBorrower, and any trustee or successor in interest of any Loan Party Borrower in any Chapter 11 Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency laws, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent and the Lenders and their respective assigns, transferees and endorsees. The Agent's Liens created by this Agreement, Agreement and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of any Loan Party Borrower to a case under Chapter 7 of the Bankruptcy Code, or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Agent or any of the Lenders file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (TXCO Resources Inc)
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens and other rights and privileges created hereby or pursuant hereto to the Security Agreement, the Pledge Agreements or to any other Loan Document shall be binding upon each Loan Credit Party, the estate of each Loan Credit Party, and any trustee or successor in interest of any Loan Credit Party in any the Chapter 11 Case Cases or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent and Lenders each Lender and each of their respective assigns, transferees and endorsees. The Liens created by this Agreement, the Security Agreement, the Pledge Agreements and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of any Loan Credit Party to a case under Chapter chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders Agent file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (Ames Department Stores Inc)
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Credit Documents, and all Liens created hereby or pursuant hereto to this Agreement, the Security Agreement, the Pledge Agreement or to any other Loan Credit Document shall be binding upon each Loan PartyObligor (other than the Foreign Subsidiary Guarantors), the estate of each Loan Partysuch Obligor, and any trustee or successor in interest of any Loan Party such Obligor in any Chapter 11 Case the Cases or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Credit Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent and Lenders each Lender and each of their respective assigns, transferees and endorsees. The Liens created by this Agreement, the other Loan Documents Security Agreement, the Pledge Agreement and the Bankruptcy Court Orders other Credit Documents shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case the Cases or any other bankruptcy case of any Loan Party such Obligor to a case under Chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders the Administrative Agent file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto or to any other Loan Document shall be binding upon each Loan Credit Party, the estate of each Loan PartyBorrower, the estate of any Credit Party filing a Chapter 11 Case, and any trustee or successor in interest of Borrower or any Loan other Credit Party in any a Chapter 11 Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the permitted successors of the Administrative Agent and Lenders and their respective permitted assigns, transferees and endorsees. The Liens created by this Agreement, the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of any Loan Credit Party to a case under Chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Samples: Credit Agreement (Applied Extrusion Technologies Inc /De)
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto or to any other Loan Document shall be binding upon each Loan Credit Party, the estate of each Loan Credit Party, and any trustee or successor in interest of any Loan Credit Party in any the Chapter 11 Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent Agents and Lenders and their respective assigns, transferees and endorsees. The Liens created by this Agreement, Agreement and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any the Chapter 11 Case or any other bankruptcy case of any Loan Credit Party to a case under Chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any the Chapter 11 Case case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (Filenes Basement Corp)
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto or to any other Loan Document shall be binding upon Borrower each Loan PartyGuarantor, the estate of Borrower and each Loan PartyGuarantor, and any trustee or successor in interest of any Loan Party Borrower and each Guarantor in any the Chapter 11 Case Cases or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent Lender and Lenders and their respective assigns, its transferees and endorsees. The Liens created by this Agreement, Agreement and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any the Chapter 11 Case Cases or any other bankruptcy case of any Loan Party Borrower to a case under Chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any the Chapter 11 Case Cases or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders Lender file financing statements or otherwise perfect its security interests or Liens under applicable lawApplicable Law.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Torrent Energy Corp)
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto to the Security Agreement or to any other Loan Document shall be binding upon each Loan Credit Party, the estate of each Loan Credit Party, and any trustee or successor in interest of any Loan Credit Party in any Chapter 11 Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent Lender and Lenders and their respective its assigns, transferees and endorsees. The Liens created by this Agreement, the Security Agreement and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of any Loan Credit Party to a case under Chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders Lender file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (WTD Industries Inc)
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto or to any other Loan Document shall be binding upon each Loan Credit Party, the estate of each Loan PartyBorrower, and any trustee or successor in interest of any Loan Party Borrower in any the Chapter 11 Case Cases or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent and Lenders and their respective assigns, transferees and endorsees. The Liens created by this Agreement, Agreement and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any the Chapter 11 Case Cases or any other bankruptcy case of any Loan Credit Party to a case under Chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any the Chapter 11 Case Cases or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reasonreason or in the case of the Canadian Credit Parties, if any such party becomes subject to proceedings under any Canadian Insolvency Law, without the necessity that Lenders file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto to the Security Agreement or to any other Loan Document shall be binding upon each Loan Credit Party, the estate of each Loan Credit Party, and any trustee or successor in interest of any Loan Credit Party in any Chapter 11 Case the Cases or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent and Lenders each Lender and each of their respective assigns, transferees and endorsees. The Liens created by this Agreement, the Security Agreement and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case the Cases or any other bankruptcy case of any Loan Credit Party to a case under Chapter chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders Agent file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract
Samples: Credit Agreement (Budget Group Inc)
Parties Including Trustees; Bankruptcy Court Proceedings. This Credit Agreement, the other Loan Credit Documents, and all Liens and other rights and privileges created hereby or pursuant hereto to the Security Agreements or to any other Loan Document shall be binding upon each Loan Credit Party, the estate of each Loan Credit Party, and any trustee or successor in interest of any Loan Credit Party in any the Chapter 11 Case Cases or any subsequent case commenced under Chapter 7 of the Bankruptcy Code or any other bankruptcy or insolvency lawsCode, and shall not be subject to Section 365 of the Bankruptcy Code. This Credit Agreement and the other Loan Credit Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent and Lenders each Lender and each of their respective assigns, transferees and endorsees. The Liens created by this Credit Agreement, the other Loan Documents Security Agreements and the Bankruptcy Court Orders other Credit Documents shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case or any other bankruptcy case of any Loan Credit Party to a case under Chapter 7 of the Bankruptcy Code, Code or in the event of dismissal of any Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that Lenders Agent file financing statements or otherwise perfect its security interests or Liens under applicable law; provided, however, that additional filings may be required in the United States Copyright Office and/or United States Patent and Trademark Office to perfect the Collateral Agent’s Lien on any Intellectual Property acquired after the date hereof.
Appears in 1 contract
Samples: Credit Agreement (Wellman Inc)
Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, and all Liens created hereby or pursuant hereto or to any other Loan Document shall be binding upon each Loan Party, the estate of each Loan Party, and any trustee or successor in interest of any Loan Party in any Chapter 11 Case Proceeding or any subsequent case commenced or assignment or application made under Chapter 7 of the Bankruptcy Code any Insolvency Statute or any other bankruptcy or insolvency laws, and shall not be subject to Section 365 Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code or Sections 11.3 and 32 of the Bankruptcy CodeCCAA. This Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent and the Lenders and their respective assigns, transferees and endorsees. The Agent’s Liens created by this Agreement, Agreement and the other Loan Documents and the Bankruptcy Court Orders shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case Proceeding or any other bankruptcy case of any Loan Party to a case under Chapter 7 or Chapter 11 of the United States Bankruptcy Code, or in the event of a bankruptcy order or assignment in bankruptcy or similar relief being obtained by or against any Loan Party, or in the event of dismissal of any Chapter 11 Case Proceeding or the release of any Collateral from the jurisdiction of the any Bankruptcy Court for any reason, without the necessity that Agent or any of the Lenders file financing statements or otherwise perfect its security interests or Liens under applicable law.
Appears in 1 contract