Senior Priority Obligations Unconditional. All rights of any Senior Priority Agent hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of: (a) any lack of validity or enforceability of any Senior Priority Document; (b) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document; (c) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee thereof; (d) the commencement of any Insolvency Proceeding in respect of the Borrower or any other Credit Party; or (e) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 9 contracts
Samples: Credit Agreement (Hertz Corp), Credit Agreement (Hertz Global Holdings, Inc), Credit Agreement (Herc Holdings Inc)
Senior Priority Obligations Unconditional. All rights of any Senior Priority Agent hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a) any lack of validity or enforceability of any Senior Priority Document;
(b) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee or guaranty thereof;
(d) the commencement of any Insolvency Proceeding in respect of the Borrower or any other Credit Party; or
(e) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 6 contracts
Samples: Credit Agreement (Covetrus, Inc.), Credit Agreement, Intercreditor Agreement (Syniverse Holdings Inc)
Senior Priority Obligations Unconditional. All rights of any the Senior Priority Agent Agents hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a) any lack of validity or enforceability of any Senior Priority Document;
(b) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee or guaranty thereof;
(d) the commencement of any Insolvency Proceeding in respect of the Borrower or any other Credit Party; or
(e) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Envision Healthcare Corp), Credit Agreement (Hd Supply, Inc.), Cash Flow Intercreditor Agreement (Hd Supply, Inc.)
Senior Priority Obligations Unconditional. All rights of any the Senior Priority Agent Agents hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(ai) any lack of validity or enforceability of any Senior Priority Document;
(bii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(ciii) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee thereof;
(div) the commencement of any Insolvency Proceeding in respect of the Borrower Company or any other Credit Party; or
(ev) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 4 contracts
Samples: Second Lien Credit and Guaranty Agreement (Lannett Co Inc), Cash Flow Intercreditor Agreement (Lannett Co Inc), Indenture (Lannett Co Inc)
Senior Priority Obligations Unconditional. All rights of any Senior Priority Agent hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a) any lack of validity or enforceability of any Senior Priority Document;
(b) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee thereof;
(d) the commencement of any Insolvency Proceeding in respect of the any Borrower or any other Credit Party; or
(e) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 3 contracts
Samples: Intercreditor Agreement (Us LBM Holdings, Inc.), Second Lien Credit Agreement (Us LBM Holdings, Inc.), First Lien Credit Agreement (Us LBM Holdings, Inc.)
Senior Priority Obligations Unconditional. All rights of any Senior Priority Agent hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a) any lack of validity or enforceability of any Senior Priority Document;
(b) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee thereof;
(d) the commencement of any Insolvency Proceeding in respect of the Parent Borrower or any other Credit Party; or
(e) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 3 contracts
Samples: Second Lien Credit Agreement (Mauser Group B.V.), First Lien Credit Agreement (Mauser Group B.V.), Intercreditor Agreement (Mauser Group B.V.)
Senior Priority Obligations Unconditional. All rights of any Senior Priority Agent hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a) any lack of validity or enforceability of any Senior Priority Document;
(b) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee or guaranty thereof;
(d) the commencement of any Insolvency Proceeding in respect of the Borrower Company or any other Credit Party; or
(e) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Tribune Media Co), Term Loan Credit Agreement (Tribune Publishing Co)
Senior Priority Obligations Unconditional. All rights of any Senior Priority Agent hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a) any lack of validity or enforceability of any Senior Priority Document;
(b) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee thereof;
(d) the commencement of any Insolvency Proceeding in respect of the any Borrower or any other Credit Party; or
(e) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Herc Holdings Inc), Indenture (Hertz Global Holdings Inc)
Senior Priority Obligations Unconditional. All rights of any the Senior Priority Agent Agents hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Loan Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(ai) any lack of validity or enforceability of any Senior Priority Document;
(bii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(ciii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee or guaranty thereof;
(div) the commencement of any Insolvency Proceeding in respect of the any Borrower or any other Credit Loan Party; or
(ev) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Loan Party, to the extent applicable, in respect of this Agreement.
Appears in 2 contracts
Samples: First Amendment and Restatement Agreement (American Airlines Inc), Credit and Guaranty Agreement (American Airlines Inc)
Senior Priority Obligations Unconditional. All rights of any the Senior Priority Agent Agents hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a) any lack of validity or enforceability of any Senior Priority Document;
(b) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee or guaranty thereof;
(d) the commencement of any Insolvency Proceeding in respect of the any Borrower or any other Credit Party; or
(e) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Senior Priority Obligations Unconditional. All rights of any the Senior Priority Agent Agents hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
: (ai) any lack of validity or enforceability of any Senior Priority Document;
; (bii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
; (ciii) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee thereof;
; (div) the commencement of any Insolvency Proceeding in respect of the Borrower Company or any other Credit Party; or
or (ev) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Cornerstone Building Brands, Inc.)
Senior Priority Obligations Unconditional. All rights of any Senior Priority Agent hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a) : any lack of validity or enforceability of any Senior Priority Document;
(b) ; any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c) ; any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee thereof;
(d) ; the commencement of any Insolvency Proceeding in respect of the any Borrower or any other Credit Party; or
(e) or any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Herc Holdings Inc)
Senior Priority Obligations Unconditional. All rights of any the Senior Priority Agent Agents hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Loan Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a) a. any lack of validity or enforceability of any Senior Priority Document;
(b) b. any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c) c. any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee or guaranty thereof;
(d) d. the commencement of any Insolvency Proceeding in respect of the any Borrower or any other Credit Loan Party; or
(e) e. any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Loan Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (American Airlines Inc)
Senior Priority Obligations Unconditional. All rights of any the Senior Priority Agent Agents hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a1) any lack of validity or enforceability of any Senior Priority Document;
(b2) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c3) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee thereof;
(d4) the commencement of any Insolvency Proceeding in respect of the Borrower Company or any other Credit Party; or
(e5) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Senior Priority Obligations Unconditional. All rights of any Senior Priority Agent hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(a) any lack of validity or enforceability of any Senior Priority Document;
(b) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, restatement, supplement, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(c) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee thereof;
(d) the commencement of any Insolvency Proceeding in respect of the any Borrower or any other Credit Party; or
(e) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Senior Priority Obligations Unconditional. All rights of any the Senior Priority Agent Agents hereunder, and all agreements and obligations of the other Senior Priority Agents, the Junior Priority Agents and the Credit Loan Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(ai) any lack of validity or enforceability of any Senior Priority Document;
(bii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Senior Priority Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Senior Priority Document;
(ciii) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral or any other collateral, or any release, amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding, restatement or increase of all or any portion of the Senior Priority Obligations or any guarantee or guaranty thereof;
(div) the commencement of any Insolvency Proceeding in respect of the any Borrower or any other Credit Loan Party; or
(ev) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the Senior Priority Obligations, or of any of the Junior Priority Agent or any Credit Loan Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (American Airlines Inc)