Common use of Parties Including Trustees; Bankruptcy Court Proceedings Clause in Contracts

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 or to any other Loan Document shall be binding upon each Debtor, the estate of each Debtor, and any trustee, other estate representative or any successor in interest of any Debtor in any Chapter 11 Case or any subsequent case commenced under Chapter 7 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 Liens created by this Agreement and the other Loan 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 Debtor 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 the Administrative Agent file financing statements or otherwise perfect its Lien under applicable law. No Debtor may assign, transfer, hypothecate or otherwise convey its rights, benefits, obligations or duties hereunder or under any of the other Loan Documents without the prior written consent of the Administrative Agent and the Lenders. Any such purported assignment, transfer, hypothecation or other conveyance by any Debtor without the prior express written consent of the Administrative Agent and the Lenders shall be void. The terms and provisions of this Agreement are for the purpose of defining the relative rights and obligations of each Debtor, the Administrative Agent and Lenders with respect to the transactions contemplated hereby, and no Person shall be a third party beneficiary of any of the terms and provisions of this Agreement or any of the other Loan Documents.

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 or to any other Loan Document shall be binding upon each Debtor, Credit Party and the estate of each DebtorCredit Party, and any trustee, other estate representative or any successor in interest of any Debtor Credit Party in any Chapter 11 Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code, 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 Liens created by this Agreement and the other Loan 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 Debtor Credit 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 the Administrative Agent file financing statements or otherwise perfect its Lien Liens under applicable law. No Debtor Credit Party may assign, transfer, hypothecate or otherwise convey its rights, benefits, obligations or duties hereunder or under any of the other Loan Documents without the prior express written consent of the Administrative Agent and the Requisite Lenders. Any such purported assignment, transfer, hypothecation or other conveyance by any Debtor Credit Party without the prior express written consent of the Administrative Agent and the Requisite Lenders shall be void. The terms and provisions of this Agreement are for the purpose of defining the relative rights and obligations of each DebtorCredit Party, the Administrative Agent and Lenders with respect to the transactions contemplated hereby, hereby and no Person shall be a third party beneficiary of any of the terms and provisions of this Agreement or any of the other Loan Documents.

Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Credit Documents, and all Liens and other rights and privileges created hereby or pursuant hereto or to any other Loan Credit Document shall be binding upon each DebtorCredit Party, the estate of each DebtorCredit Party, and any trustee, other estate representative or any successor in interest of any Debtor Credit Party in any Chapter 11 Case or any subsequent case commenced under Chapter 7 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 the Lenders and their respective assigns, transferees and endorsees. The Liens created by this Agreement and the other Loan 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 Debtor Credit 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 the Administrative any Agent file financing statements or otherwise perfect its Lien Liens under applicable law. No Debtor Credit Party may assign, transfer, hypothecate or otherwise convey its rights, benefits, obligations or duties hereunder or under any of the other Loan Credit Documents without the prior express written consent of the Administrative Agent Agents and the LendersLenders except as set forth in Section 3.6(a). Any such purported assignment, transfer, hypothecation or other conveyance by any Debtor Credit Party without the prior express written consent of the Administrative Agent Agents and the Lenders shall be void. The terms and provisions of this Agreement are for the purpose of defining the relative rights and obligations of each DebtorCredit Party, the Administrative Agent Agents and Lenders with respect to the transactions contemplated hereby, hereby and no Person shall be a third party beneficiary of any of the terms and provisions of this Agreement or any of the other Loan Credit Documents.

Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Related Documents, and all Transfers made and Liens and other rights and privileges created hereby or pursuant hereto or to any other Loan Related Document shall be binding upon each DebtorOriginator, the estate of each DebtorOriginator, and any trustee, other estate representative trustee or any successor in interest of any Debtor Originator in any of the Chapter 11 Case Cases or any subsequent case commenced under Chapter 7 of the Bankruptcy Code, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Related Documents shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Administrative Operating Agent and the Lenders Purchaser and each of their respective assigns, transferees and endorsees. The Each of the Transfers made and the Liens created by this Agreement and the other Loan Related Documents shall be and remain valid and perfected in the event of the commencement of the Chapter 11 Cases, the substantive consolidation of the Chapter 11 Cases or conversion of any or all of the Chapter 11 Case Cases or any other bankruptcy case of any Debtor Originator to a case under Chapter 7 of the Bankruptcy Code or in the event of dismissal of any or all of the Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reasonCases , in each case without the necessity that the Administrative Operating Agent or the Purchaser file financing statements or otherwise perfect its Lien their respective ownership interests, security interests or Liens under applicable law. No Debtor may assign, transfer, hypothecate or otherwise convey . (M) Annex G to the Purchase Agreement shall be deleted in its rights, benefits, obligations or duties hereunder or under any of the other Loan Documents without the prior written consent of the Administrative Agent entirety and the Lenders. Any such purported assignment, transfer, hypothecation or other conveyance by any Debtor without revised Annex G attached to this Amendment as Exhibit A shall be substituted in lieu thereof. (N) Annex X to the prior express written consent of the Administrative Agent Purchase Agreement and the Lenders Transfer Agreement shall be void. The terms and provisions of this Agreement are for amended by deleting therefrom the purpose of defining the relative rights and obligations of each Debtor, the Administrative Agent and Lenders with respect to the transactions contemplated hereby, and no Person shall be a third party beneficiary of any definitions of the terms "Applicable Margin", Concentration Discount Amount", "Excess Liquidity", "Facility Termination Date," "Final Purchase Date", "Maximum Purchase Limit", "Purchase Discount Rate Cap", "Receivables Availability", "Related Documents" and provisions "Reserves" and "Unused Facility Fee" and by substituting in lieu thereof the following new respective definitions of this Agreement or any of the other Loan Documents.such terms:

Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Credit Documents, and all Liens and other rights and privileges created hereby or pursuant hereto or to any other Loan Credit Document shall be binding upon each DebtorCredit Party, the estate of each Debtor, and any trustee, other estate representative or any successor in interest of any Debtor in any Chapter 11 Bankruptcy Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code, 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 the Lenders and their respective assigns, transferees and endorsees. The Liens created by this Agreement and the other Loan Credit Documents shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Bankruptcy Case or any other bankruptcy case of any Debtor to a case under Chapter 7 of the Bankruptcy Code or in the event of dismissal of any Chapter 11 Bankruptcy Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that the Administrative Agent file financing statements or otherwise perfect its Lien Liens under applicable law. No Debtor Credit Party may assign, transfer, hypothecate or otherwise convey its rights, benefits, obligations or duties hereunder or under any of the other Loan Credit Documents without the prior express written consent of the Administrative Agent and the Lenders. Any such purported assignment, transfer, hypothecation or other conveyance by any Debtor Credit Party without the prior express written consent of the Administrative Agent and the Lenders shall be void. The terms and provisions of this Agreement are for the purpose of defining the relative rights and obligations of each DebtorCredit Party, the Administrative Agent and Lenders with respect to the transactions contemplated hereby, hereby and no Person shall be a third party beneficiary of any of the terms and provisions of this Agreement or any of the other Loan Credit Documents.

Parties Including Trustees; Bankruptcy Court Proceedings. This Credit Agreement, the other Loan Documents, and all Liens liens and other rights and privileges created hereby or pursuant hereto or to any other Loan Document shall be binding upon each Debtor, the estate of each Debtor, and any trustee, other estate representative or any successor in interest of any Debtor in any Chapter 11 Case Cases or any subsequent case commenced under Chapter 7 of the Bankruptcy Code. This Credit Agreement and the other Loan Documents shall be binding upon, and inure to the benefit of, the successors of the Administrative Agent Agent, the L/C Issuer and the Lenders and their respective assigns, transferees and endorsees. The Liens liens created by this Agreement Credit Agreement, the DIP Orders and the other Loan Documents shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Case Cases or any other bankruptcy case of any Debtor to a case under Chapter 7 of the Bankruptcy Code or in the event of dismissal of any 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 Administrative Agent file financing statements or otherwise perfect its Lien liens under applicable law. No Debtor may assign, transfer, hypothecate or otherwise convey its rights, benefits, obligations or duties hereunder or under any of the other Loan Documents without the prior express written consent of the Administrative Agent Agent, the L/C Issuer and the Lenders. Any such purported assignment, transfer, hypothecation or other conveyance by any Debtor without the prior express written consent of the Administrative Agent Agent, the L/C Issuer and the Lenders shall be void. The terms and provisions of this Credit Agreement are for the purpose of defining the relative rights and obligations of each Debtor, the Administrative Agent Agent, the L/C Issuer and Lenders with respect to the transactions contemplated hereby, hereby and no Person shall be a third party beneficiary of any of the terms and provisions of this Credit Agreement or any of the other Loan Documents.

Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Other Documents, and all Liens and other rights and privileges created hereby or pursuant hereto or to any other Loan Other Document shall be binding upon each DebtorCredit Party, the estate estates of each Debtorthe Credit Parties, and any trustee, other estate representative or any successor in interest of any Debtor the Credit Parties in any Chapter 11 Case the Cases or any subsequent case commenced under Chapter 7 Successor Cases, and shall not be subject to Section 365 of the Bankruptcy Code. This Agreement and the other Loan Other 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 Liens created by this Agreement and the other Loan Other 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 Debtor Credit Party to a case under Chapter 7 of the Bankruptcy Code Successor Case or in the event of dismissal of any Chapter 11 Case the Cases or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that the Administrative Agent file files financing statements or otherwise perfect its Lien Liens under applicable law. No Debtor Credit Party may assign, transfer, hypothecate or otherwise convey its rights, benefits, obligations or duties hereunder or under any of the other Loan Other Documents without the prior express written consent of the Administrative Agent and the Lenders. Any such purported assignment, transfer, hypothecation or other conveyance by any Debtor Credit Party without the prior express written consent of the Administrative Agent and the Lenders shall be void. The terms and provisions of this Agreement are for the purpose of defining the relative rights and obligations of each DebtorCredit Party, the Administrative Agent and Lenders with respect to the transactions contemplated hereby, hereby and no Person shall be a third party beneficiary of any of the terms and provisions of this Agreement or any of the other Loan Other Documents.

Parties Including Trustees; Bankruptcy Court Proceedings. This Subject to the entry of the Interim Order, this Agreement, the other Loan Documents, and all Liens and other rights and privileges created hereby or pursuant hereto or to any other Loan Document shall be binding upon each DebtorLoan Party, the estate of each Debtor, and any trustee, other estate representative or any successor in interest of any Debtor in any Chapter 11 Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code, 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 Liens created by this Agreement and the other Loan 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 Debtor 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 the Administrative Agent file financing statements or otherwise perfect its Lien Liens under applicable law. No Debtor Loan Party may assign, transfer, hypothecate or otherwise convey its rights, benefits, obligations or duties hereunder or under any of the other Loan Documents without the prior express written consent of the Administrative Agent and the Lenders. Any such purported assignment, transfer, hypothecation or other conveyance by any Debtor Loan Party without the prior express written consent of the Administrative Agent and the Lenders shall be void. The terms and provisions of this Agreement are for the purpose of defining the relative rights and obligations of each DebtorLoan Party, the Administrative Agent and Lenders with respect to the transactions contemplated hereby, hereby and no Person shall be a third party beneficiary of any of the terms and provisions of this Agreement or any of the other Loan Documents.

Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Credit Documents, and all Liens and other rights and privileges created hereby or pursuant hereto or to any other Loan Credit Document shall be binding upon each Debtorthe Borrower, the estate of each Debtorthe Borrower, and any trustee, other estate representative or any successor in interest of any Debtor the Borrower in any Chapter 11 Bankruptcy Case or any subsequent case commenced under Chapter 7 of the Bankruptcy Code, 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 the Lenders and their respective assigns, transferees and endorsees. The Liens created by this Agreement and the other Loan Credit Documents shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Bankruptcy Case or any other bankruptcy case of any Debtor the Borrower to a case under Chapter 7 of the Bankruptcy Code or in the event of dismissal of any Chapter 11 the Bankruptcy Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that the Administrative Agent file financing statements or otherwise perfect its Lien Liens under applicable law. No Debtor The Borrower may not assign, transfer, hypothecate or otherwise convey its rights, benefits, obligations or duties hereunder or under any of the other Loan Credit Documents without the prior express written consent of the Administrative Agent Agents and the Lenders. Any such purported assignment, transfer, hypothecation or other conveyance by any Debtor the Borrower without the prior express written consent of the Administrative Agent Agents and the Lenders shall be void. The terms and provisions of this Agreement are for the purpose of defining the relative rights and obligations of each Debtorthe Borrower, the Administrative Agent and the Lenders with respect to the transactions contemplated hereby, hereby and no Person shall be a third party beneficiary of any of the terms and provisions of this Agreement or any of the other Loan Credit Documents.

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 or to any other Loan Document shall be binding upon each DebtorCredit Party, the estate of each DebtorBorrower, and any trustee, other estate representative or any successor in interest of any Debtor Borrower in any Prepackaged Chapter 11 Case or any subsequent case commenced under Chapter chapter 7 of the Bankruptcy Code, 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 Liens created by this Agreement and the other Loan Documents shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Prepackaged Chapter 11 Case or any other bankruptcy case of any Debtor Credit Party to a case under Chapter chapter 7 of the Bankruptcy Code or in the event of dismissal of any Prepackaged Chapter 11 Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that the Administrative Agent file financing statements or otherwise perfect its Lien Liens under applicable law. No Debtor Credit Party may assign, transfer, hypothecate or otherwise convey its rights, benefits, obligations or duties hereunder or under any of the other Loan Documents without the prior express written consent of the Administrative Agent and the Lenders. Any such purported assignment, transfer, hypothecation or other conveyance by any Debtor Credit Party without the prior express written consent of the Administrative Agent and the Lenders shall be void. The terms and provisions of this Agreement are for the purpose of defining the relative rights and obligations of each DebtorCredit Party, the Administrative Agent and Lenders with respect to the transactions contemplated hereby, hereby and no Person shall be a third party beneficiary of any of the terms and provisions of this Agreement or any of the other Loan Documents.

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 or to any other Loan Document shall be binding upon each Debtorthe Borrower and the Guarantors, the estate of the Borrower and each DebtorGuarantor, and any trustee, other estate representative or any successor in interest of the Borrower or any Debtor Guarantor in any Chapter 11 Bankruptcy Case or and/or any conversion of such Bankruptcy Case into a subsequent case commenced under Chapter 7 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 Liens created by this Agreement and the other Loan Documents shall be and remain valid and perfected in the event of the substantive consolidation or conversion of any Chapter 11 Bankruptcy Case or any other bankruptcy case of the Borrower or any Debtor Guarantor to a case under Chapter 7 of the Bankruptcy Code or in the event of dismissal of any Chapter 11 Bankruptcy Case or the release of any Collateral from the jurisdiction of the Bankruptcy Court for any reason, without the necessity that the Administrative Agent file financing statements or otherwise perfect its Lien Liens under applicable law. No Debtor Neither the Borrower nor any Guarantor may assign, transfer, hypothecate or otherwise convey its rights, benefits, obligations or duties hereunder or under any of the other Loan Documents without the prior express written consent of the Administrative Agent and the Lenders. Any such purported assignment, transfer, hypothecation or other conveyance by the Borrower or any Debtor Guarantor without the prior express written consent of the Administrative Agent and the Lenders shall be void. The terms and provisions of this Agreement are for the purpose of defining the relative rights and obligations of the Borrower and each DebtorGuarantor, the Administrative Agent and the Lenders with respect to the transactions contemplated hereby, hereby and no Person shall be a third party beneficiary of any of the terms and provisions of this Agreement or any of the other Loan Documents.