Term Loan Obligations Unconditional. All rights of the Term Loan Agent hereunder, and all agreements and obligations of the ABL Agent, any Additional Term Agent and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of any Term Loan Document; (ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Term Loan Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Term Loan Document; (iii) 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 Term Loan Obligations or any guarantee thereof; (iv) the commencement of any Insolvency Proceeding in respect of the Company or any other Credit Party; or (v) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Term Loan Obligations, or of any of the ABL Agent, any Additional Term Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 3 contracts
Samples: Indenture (Lannett Co Inc), Second Lien Credit and Guaranty Agreement (Lannett Co Inc), Intercreditor Agreement (Lannett Co Inc)
Term Loan Obligations Unconditional. All rights of the Term Loan Agent hereunder, and all agreements and obligations of the ABL Agent, any Additional Term Agent and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(i) any lack of validity or enforceability of any Term Loan Document;
(ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Term Loan Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Term Loan Document;
(iii) 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 Term Loan Obligations or any guarantee thereof;
(iv) the commencement of any Insolvency Proceeding in respect of the Company or any other Credit Party; or
(viv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Term Loan Obligations, or of any of the ABL Agent, any Additional Term Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Tribune Publishing Co), Intercreditor Agreement (Emergency Medical Services CORP), Credit Agreement (Emergency Medical Services CORP)
Term Loan Obligations Unconditional. All rights and interests of the Term Loan Agent Secured Parties hereunder, and all agreements and obligations of the ABL Agent, any Additional Term Agent and the Credit Secured Parties (and, to the extent applicable, the Loan Parties) hereunder, shall remain in full force and effect irrespective of:
(ia) any lack of validity or enforceability of any Term Loan Document;
(iib) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Term Loan Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Term Loan Document;
(iiic) prior to the Term Loan Obligations Payment Date, any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Collateral, Common 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, refunding or restatement or increase of all or any portion of the Term Loan Obligations or any guarantee or guaranty thereof;
(iv) the commencement of any Insolvency Proceeding in respect of the Company or any other Credit Party; or
(vd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the Term Loan Obligations, Obligations or of any of the ABL Agent, any Additional Term Agent or any Credit Loan Party, to the extent applicable, in respect of this Agreement, other than a defense of performance or payment in full of the Term Loan Obligations.
Appears in 2 contracts
Samples: Revolving Loan Credit Agreement (CDW Finance Corp), Term Loan Agreement (CDW Corp)
Term Loan Obligations Unconditional. All rights of the Term Loan Agent hereunder, and all agreements and obligations of the ABL Agent, any Additional Term Agent and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(i) any lack of validity or enforceability of any Term Loan Document;
(ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Term Loan Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Term Loan Document;
(iii) 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 Term Loan Obligations or any guarantee thereof;
(iv) the commencement of any Insolvency Proceeding in respect of the Company or any other Credit Party; or
(v) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Term Loan Obligations, or of any of the ABL Agent, any Additional Term Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Term Loan Obligations Unconditional. All rights of the Term Loan Agent hereunder, and all agreements and obligations of the ABL Agent, any Additional Term Agent and the Credit Term Loan Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(ia) any lack of validity or enforceability of any Term Loan Document;
(iib) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Term Loan Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Term Loan Document;
(iiic) any exchange, release, voiding, avoidance or non non-perfection of any security interest in any Common 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 Term Loan Obligations or any guarantee or guaranty thereof;
(iv) the commencement of any Insolvency Proceeding in respect of the Company or any other Credit Party; or
(vd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Term Loan Party in respect of the Term Loan Obligations, or of any of the ABL Agent, any Additional Term Agent or any Credit ABL Loan Party, or of any Notes Agent or any Notes Secured Party to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Term Loan Obligations Unconditional. All rights of the Term Loan Collateral Agent hereunder, and all agreements and obligations of the ABL Agent, any Additional Term Notes Collateral Agent and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(i) any lack of validity or enforceability of any Term Loan Credit Document;, any Secured Swap Agreement or any Banking Services Agreement.
(ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Term Loan Obligations or Notes Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Term Loan Credit Document, any Secured Swap Agreement or any Banking Services Agreement;
(iii) any exchange, release, voiding, avoidance or non perfection of any security interest in any Collateral, 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 Term Loan Obligations or Notes Obligations, or any guarantee thereof;
(iv) the commencement or guaranty of any Insolvency Proceeding in respect of the Company or any other Credit Partythereof; or
(viv) any other circumstances that otherwise might constitute a defense defence (other than payment in full of the Term Loan Obligations) available to, or a discharge of, any Credit Party in respect of any of the Term Loan Obligations, or of any of the ABL Agent, any Additional Term Notes Collateral Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Samples: Intercreditor Agreement (Postmedia Network Canada Corp.)
Term Loan Obligations Unconditional. All rights of the Term Loan Agent hereunder, and all agreements and obligations of the ABL Agent, any Additional Term Agent and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(i) any lack of validity or enforceability of any Term Loan Document;
(ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Term Loan Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Term Loan Document;
(iii) 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 Term Loan Obligations or any guarantee or guaranty thereof;
(iv) the commencement of any Insolvency Proceeding in respect of the Company or any other Credit Party; or
(viv) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Term Loan Obligations, or of any of the ABL Agent, any Additional Term Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Term Loan Obligations Unconditional. All rights of the [Term Loan Loan] Agent hereunder, and all agreements and obligations of the ABL Agent, any Additional Term [Term] Agent and the Credit Parties (to the extent applicable) hereunder, shall remain in full force and effect irrespective of:
(i) any lack of validity or enforceability of any [Term Loan Loan] Document;
(ii) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the [Term Loan Loan] Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any [Term Loan Loan] Document;
(iii) 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 [Term Loan Loan] Obligations or any guarantee thereof;
(iv) the commencement of any Insolvency Proceeding in respect of the Company any Borrower or any other Credit Party; or
(v) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the [Term Loan Loan] Obligations, or of any of the ABL Agent, any Additional Term [Term] Agent or any Credit Party, to the extent applicable, in respect of this Agreement.
Appears in 1 contract
Term Loan Obligations Unconditional. All rights and interests of the Term Loan Agent Secured Parties hereunder, and all agreements and obligations of the ABL Agent, any Additional Term Agent and the Credit Secured Parties (and, to the extent applicable, the Loan Parties) hereunder, shall remain in full force and effect irrespective of:
(ia) any lack of validity or enforceability of any Term Loan Document, except as expressly provided herein;
(iib) any change in the time, place or manner of payment of, or in any other term of, all or any portion of the Term Loan Obligations, or any amendment, waiver or other modification, whether by course of conduct or otherwise, or any refinancing, replacement, refunding or restatement of any Term Loan Document, in each case except as expressly provided herein;
(iiic) any exchange, release, voiding, avoidance exchange or non perfection release 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, refunding or restatement or increase of all or any portion of the Term Loan Obligations or any guarantee or guaranty thereof;
(iv) the commencement of any Insolvency Proceeding , in respect of the Company or any other Credit Partyeach case except as expressly provided herein; or
(vd) any other circumstances that otherwise might constitute a defense available to, or a discharge of, any Credit Loan Party in respect of the Term Loan Obligations, or of any of the ABL AgentRepresentative, any Additional Term Agent or any Credit Loan Party, to the extent applicable, in respect of this Agreement, in each case except as expressly provided herein.
Appears in 1 contract
Samples: Intercreditor Agreement