Successors; Continuing Effect. (a) This Agreement is being entered into for the benefit of, and shall be binding upon, Borrower, Senior Lender and Subordinate Lender and their respective successors and assigns, including each subsequent or additional holder of Senior Secured Obligations, or Subordinate Debt, and any participant (whether now existing or hereafter arising) in the Senior Secured Obligations. The terms "SENIOR LENDER" and "SUBORDINATE LENDER" shall include, respectively, any such subsequent or additional holder of or participant in Senior Secured Obligations or Subordinate Obligations whenever the context permits. This Agreement shall inure to the benefit of and be enforceable by any future holder or holders of the Borrower Obligations or any part of any of the same; provided that, nothing contained in this Section 4.4 shall be deemed to permit the transfer of the Subordinate Obligations in violation of the provisions of Section 2.7.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Solo Serve Corp), Subordination and Intercreditor Agreement (Solo Serve Corp)
Successors; Continuing Effect. (a) This Agreement is being entered into for the benefit of, and shall be binding upon, Borrower, each Senior Lender Security Holders and each Subordinate Lender and their respective successors and assigns, including each subsequent or additional holder of Senior Secured Obligations, or Subordinate Debt, and any participant (whether now existing or hereafter arising) in the Senior Secured Obligations. The terms "SENIOR LENDERSenior Security Holders" and "SUBORDINATE LENDERSubordinate Lenders" shall include, respectively, any such subsequent or additional holder of or participant in Senior Secured Obligations or Subordinate Obligations whenever the context permits. This Agreement shall inure to the benefit of and be enforceable by any future holder or holders of the Borrower Obligations or any part of any of the same; provided that, nothing contained in this Section 4.4 5.4 shall be deemed to permit the transfer of the Subordinate Obligations in violation of the provisions of Section 2.72.5.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Hybridon Inc), Subordination and Intercreditor Agreement (Hybridon Inc)
Successors; Continuing Effect. (a) This Agreement is being entered into for the benefit of, and shall be binding upon, Borrower, each Senior Lender and each Subordinate Lender and their respective successors and assigns, including each subsequent or additional holder of Senior Secured Obligations, Obligations or Subordinate Debt, and any participant (whether now existing or hereafter arising) in the Senior Secured Obligations. The terms "SENIOR LENDERSenior Lenders" and "SUBORDINATE LENDERSubordinate Lenders" shall include, respectively, any such subsequent or additional holder of or participant in Senior Secured Obligations or Subordinate Obligations whenever the context permits. This Agreement shall inure to the benefit of and be enforceable by any future holder or holders of the Borrower Obligations or any part of any of the same; provided that, nothing contained in this Section 4.4 4.3 shall be deemed to permit the transfer of the Subordinate Obligations in violation of the provisions of Section 2.72.5.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Hybridon Inc)