Common use of Post-Petition Interest Clause in Contracts

Post-Petition Interest. (a) Neither the Second-Lien Agent nor any other Second-Lien Secured Party shall oppose or seek to challenge any claim by the First-Lien Agent or any other First-Lien Secured Party for allowance in any Insolvency or Liquidation Proceeding of First-Lien Obligations consisting of post-petition interest, fees or expenses. Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement expressly is intended to include and does include the “rule of explicitness” in that this Agreement expressly entitles the First-Lien Secured Parties, and is intended to provide the First-Lien Secured Parties with the right, to receive payment from the Collateral of all post-petition interest, fees or expenses through distributions made pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Borrower or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Lien Obligations (and the security therefor) constitute a separate and distinct class (and separate and distinct claims and Liens) from the Second-Lien Obligations (and the security therefor).

Post-Petition Interest. (a) Neither the Second-Lien Collateral Agent nor any other Second-Lien Secured Party Creditor shall oppose or seek to challenge any claim by the First-Lien Collateral Agent or any other First-Lien Secured Party Creditor for allowance in any Insolvency or Liquidation Proceeding of First-Lien Obligations consisting of post-petition interest, fees or expensesexpenses to the extent of the value of the Liens securing the First-Lien Obligations (it being understood and agreed that such value shall be determined without regard to the existences of any Liens securing the Second-Lien Subordinated Obligations). Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement is expressly is intended to include and does include the “rule of explicitness” in that this Agreement expressly entitles the First-Lien Secured PartiesCreditors, and is intended to provide the First-Lien Secured Parties Creditors with the right, to receive payment from the Collateral of all post-petition interest, fees or expenses through distributions made pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Borrower or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Lien Obligations (and the security therefor) constitute a separate and distinct class (and separate and distinct claims and Liensclaims) from the Second-Lien Subordinated Obligations (and the security therefor).

Post-Petition Interest. (a) Neither the Second-Lien Collateral Agent nor any other Second-Lien Secured Party Creditor shall oppose or seek to challenge any claim by the U.S. First-Lien Collateral Agent or any other First-Lien Secured Party Creditor for allowance in any Insolvency or Liquidation Proceeding of First-Lien Obligations consisting of post-petition interest, fees or expenses. Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement expressly is intended to include and does include the “rule of explicitness” in that this Agreement expressly entitles the First-Lien Secured PartiesCreditors, and is intended to provide the First-Lien Secured Parties Creditors with the right, to receive payment from the Collateral of all post-petition interest, fees or expenses through distributions made pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Parent Borrower or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Lien Obligations (and the security therefor) constitute a separate and distinct class (and separate and distinct claims and Liensclaims) from the Second-Lien Obligations (and the security therefor).

Post-Petition Interest. (a) Neither Subject to IESA’s rights hereunder as holder of the Second-Lien Agent IESA Pari Passu Obligations, IESA shall neither oppose nor any other Second-Lien Secured Party shall oppose or seek to challenge any claim by the First-Lien Agent or any other First-Lien Secured Party for allowance in any Insolvency or Liquidation Proceeding of First-Lien BlueBay Obligations consisting of post-petition interest, fees or expenses. Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement expressly is intended to include and does include the “rule of explicitness” in that this Agreement expressly entitles the First-Lien Agent and the Secured Parties, and is intended to provide the First-Lien Agent and the Secured Parties with the right, to receive payment from the Collateral of all post-petition interest, fees or expenses through distributions made pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Borrower or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Lien BlueBay Obligations (and the security therefor) constitute a separate and distinct class (and separate and distinct claims and Liensclaims) from the Second-Lien IESA Obligations (and the security therefor).

Post-Petition Interest. (a) Neither the Second-Lien Collateral Agent nor any other Second-Lien Secured Party Creditor shall oppose or seek to challenge any claim by the First-Lien Agent or any other First-Lien Secured Party Collateral Agent or any First-Lien Creditor for allowance in any Insolvency or Liquidation Proceeding of First-Lien Obligations consisting of post-petition interest, fees or expenses. Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement expressly is intended to include comply with and does include comply with the “"rule of explicitness” " in that this Agreement expressly entitles the First-Lien Secured PartiesCreditors, and is intended to provide the First-First Lien Secured Parties Creditors with the right, to receive payment from the Collateral of all post-petition interest, fees or expenses through distributions made pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Borrower or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Lien Obligations (and the security therefor) constitute a separate and distinct class (and separate and distinct claims and Liensclaims) from the Second-Lien Obligations (and the security therefor).

Post-Petition Interest. (a) Neither the Second-Lien Agent Trustee nor any other Second-Lien Secured Party Creditor shall oppose or seek to challenge any claim by the First-Lien Agent or any other First-Lien Secured Party Collateral Agent or any First-Lien Creditor for allowance in any Insolvency or Liquidation Proceeding of First-Lien Obligations consisting of post-petition interest, fees or expenses. Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement expressly is intended to include and does include the “rule of explicitness” in that this Agreement expressly entitles the First-Lien Secured PartiesCreditors, and is intended to provide the First-First Lien Secured Parties Creditors with the right, to receive payment from the Collateral of all post-petition interest, fees or expenses through distributions made pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Borrower or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Lien Obligations (and the security therefor) constitute a separate and distinct class (and separate and distinct claims and Liensclaims) from the Second-Lien Obligations (and the security therefor).

Post-Petition Interest. (a) Neither the Second-Lien Priority Agent nor any other Second-Lien Priority Secured Party shall oppose or seek to challenge any claim by the Firstany Senior-Lien Priority Agent or any other First-Lien Secured Party Senior Lender for allowance in any Insolvency or Liquidation Proceeding of First-Priority Lien Obligations consisting of post-petition interest, fees or expenses. Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement expressly is intended to include and does include the “rule of explicitness” in that this Agreement expressly entitles the First-Lien Secured PartiesSenior Lenders, and is intended to provide the First-Lien Secured Parties Senior Lenders with the right, to receive payment from the Collateral of all post-petition interest, fees or expenses through distributions made from Common Collateral or the proceeds thereof pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Borrower Company or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Priority Lien Obligations (and the security therefor) in respect of the Common Collateral constitute a separate and distinct class (and separate and distinct claims and Liensclaims) from the Second-Lien Priority Obligations (and the security therefor)) in respect of the Common Collateral.

Post-Petition Interest. (a) Neither the Second-Lien Collateral Agent nor any other Second-Lien Secured Party Claimholder shall oppose or seek to challenge any claim by the First-Lien Agent or any other First-Lien Secured Party Creditor for allowance in any Insolvency or Liquidation Proceeding of First-Lien Obligations consisting of post-petition interest, fees or expensesexpenses to the extent of the value of the Liens securing the First-Lien Obligations (it being understood and agreed that such value shall be determined without regard to the existences of any Liens securing the Second-Lien Obligations). Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement is expressly is intended to include and does include the “rule of explicitness” in that this Agreement expressly entitles the First-Lien Secured PartiesCreditors, and is intended to provide the First-Lien Secured Parties Creditors with the right, to receive payment from the Collateral of all post-petition interest, fees or expenses through distributions made pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Borrower or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Lien Obligations (and the security therefor) constitute a separate and distinct class (and separate and distinct claims and Liensclaims) from the Second-Lien Obligations (and the security therefor).

Post-Petition Interest. (a) Neither the Second-Lien Collateral Agent nor any other Second-Lien Secured Party Creditor shall oppose or seek to challenge any claim by the First-Lien Agent or any other First-Lien Secured Party Collateral Agent or any First-Lien Creditor for allowance in any Insolvency or Liquidation Proceeding of First-Lien Obligations consisting of post-petition interest, fees or expenses. Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement expressly is intended to include comply with and does include comply with the “rule of explicitness” in that this Agreement expressly entitles the First-Lien Secured PartiesCreditors, and is intended to provide the First-Lien Secured Parties Creditors with the right, to receive payment from the Collateral of all post-petition interest, fees or expenses through distributions made pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Borrower or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Lien Obligations (and the security therefor) constitute a separate and distinct class (and separate and distinct claims and Liensclaims) from the Second-Lien Obligations (and the security therefor).

Post-Petition Interest. (a) Neither the Second-Lien Collateral Agent nor any other Second-Lien Secured Party Creditor shall oppose or seek to challenge any claim by the U.S. First-Lien Collateral Agent or any other First-Lien Secured Party Creditor for allowance in any Insolvency or Liquidation Proceeding of First-Lien Obligations consisting of post-petition interest, fees or expenses. Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement expressly is intended to include and does include the “"rule of explicitness” " in that this Agreement expressly entitles the First-Lien Secured PartiesCreditors, and is intended to provide the First-Lien Secured Parties Creditors with the right, to receive payment from the Collateral of all post-petition interest, fees or expenses through distributions made pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Parent Borrower or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Lien Obligations (and the security therefor) constitute a separate and distinct class (and separate and distinct claims and Liensclaims) from the Second-Lien Obligations (and the security therefor).

Post-Petition Interest. (a) Neither the Second-Lien No Second Priority Agent nor any other Second-Lien Second Priority Secured Party shall oppose or seek to challenge any claim by the First-any First Lien Agent or any other First-Lien Secured Party Senior Lender for allowance in any Insolvency or Liquidation Proceeding of First-Lien Obligations Senior Lender Claims consisting of post-petition interest, fees or expenses. Regardless of whether any such claim for post-petition interest, fees or expenses is allowed or allowable, and without limiting the generality of the other provisions of this Agreement, this Agreement expressly is intended to include and does include the “rule of explicitness” in that this Agreement expressly entitles the First-First Lien Secured PartiesAgents and the Senior Lenders, and is intended to provide the First-First Lien Secured Parties Agents and the Senior Lenders with the right, to receive receive, in respect of their Senior Lender Claims, payment from the Collateral of all post-petition interest, fees or expenses through distributions made pursuant to the provisions of this Agreement even though such interest, fees and expenses are not allowed or allowable against the bankruptcy estate of the Borrower Company or any other Grantor under Section 502(b)(2) or Section 506(b) of the Bankruptcy Code or under any other provision of the Bankruptcy Code or any other Bankruptcy Law. (b) Without limiting the foregoing, it is the intention of the parties hereto that (and to the maximum extent permitted by law the parties hereto agree that) the First-Lien Obligations Senior Lender Claims (and the security therefor) constitute a separate and distinct class (and separate and distinct claims and Liensclaims) from the Second-Lien Obligations Second Priority Claims (and the security therefor).