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 151 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.

Appears in 3 contracts

Samples: Convertible Notes Commitment Agreement (Accuride Corp), Restructuring Support Agreement (Accuride Corp), Restructuring Support Agreement (Accuride Corp)

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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 151 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.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Blockbuster Inc), Credit Agreement

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 151 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.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tronox Inc)

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 151 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.

Appears in 1 contract

Samples: Possession Credit Agreement (Real Mex Restaurants, 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 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 151 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.

Appears in 1 contract

Samples: Possession Credit Agreement (Vertis 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 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 151 147 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.

Appears in 1 contract

Samples: Possession Credit Agreement (Accuride Corp)

Parties Including Trustees; Bankruptcy Court Proceedings. This Agreement, the other Loan Documents, Credit Documents and all Liens and other rights and privileges created hereby by 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 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 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, Agents and the Administrative Agent and Lenders with respect to the 151 transactions contemplated hereby, hereby and no Person shall be a third party beneficiary of any of the terms and provisions of this Agreement or of any of the other Loan Credit Documents.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (California Coastal Communities 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 or to any other Loan Document shall be binding upon each DebtorCredit Party, the estate of each DebtorBorrowers, and any trustee, other estate representative or any successor in interest of any Debtor Borrowers 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 Xxxxxxx 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 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 151 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.

Appears in 1 contract

Samples: Possession Credit Agreement

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, the estate estates of each Debtorthe Borrower, and any trustee, other estate representative or any successor in interest of any Debtor the Borrower in any the 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 Lender and their respective assigns, transferees and endorsees. The Until the Commitment has expired or have been terminated and the principal of and interest on each Loan and all fees payable hereunder shall have been paid in full, 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 the 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 any of the Administrative Agent Secured Parties file financing statements or otherwise perfect its Lien their 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 written consent of the Administrative Agent 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 and the Lenders Lender 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 Lender and Lenders the other Secured Parties with respect to the 151 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.

Appears in 1 contract

Samples: Senior Secured Superpriority Postpetition Credit Agreement

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 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 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 151 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.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

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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 DebtorBorrowers, and any trustee, other estate representative or any successor in interest of any Debtor Borrowers 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 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 151 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.

Appears in 1 contract

Samples: Possession Credit Agreement

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 151 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.

Appears in 1 contract

Samples: Possession Credit Agreement (Claires Stores Inc)

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 133 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 151 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.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tronox Inc)

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 151 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.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ambassadors International Inc)

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 DebtorLoan Party, the estate of each DebtorLoan Party, and any trustee, other estate representative or any successor in interest of any Debtor Loan Party in any the 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 and Agent, the Lenders and their respective permitted assigns, transferees and endorsees. The Until the Commitments have expired or have been terminated and the principal of and interest on each Loan and all other Obligations payable hereunder shall have been paid in full in cash, 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 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 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 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, each Lender and the Administrative Agent and Lenders with respect to the 151 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.

Appears in 1 contract

Samples: cases.primeclerk.com

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 DebtorLoan Party, the estate of each DebtorLoan Party, and any trustee, other estate representative or any successor in interest of any Debtor Loan Party in any the Chapter 11 Case Cases 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 and Agent, the Lenders and their respective permitted assigns, transferees and endorsees. The Until the Commitments have expired or have been terminated and the principal of and interest on each Loan and all other Obligations payable hereunder shall have been paid in full in cash, 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 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 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 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, each Lender and the Administrative Agent and Lenders with respect to the 151 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.

Appears in 1 contract

Samples: Credit Agreement

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