Common use of Continuing Agreement Clause in Contracts

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other Obligor.

Appears in 4 contracts

Samples: Intercompany Subordination Agreement (Ares Commercial Real Estate Corp), Intercompany Subordination Agreement (Ares Commercial Real Estate Corp), Intercompany Subordination Agreement (Oasis Interval Ownership, LLC)

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Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Creditor until the full, final and indefeasible payment in cash, and performance in the full in cash and final performance, of the Senior DebtDebt and the termination of the Commitments. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, terminate or reform, by litigation or otherwise, its respective agreements with the other ObligorBorrower.

Appears in 4 contracts

Samples: Subordination Agreement (Chalone Wine Group LTD), Subordination Agreement (Domaines Barons De Rothschild /Lafite/), Subordination Agreement (Chalone Wine Group LTD)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance Payment in full in cash Full of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorObligors.

Appears in 4 contracts

Samples: Intercompany Subordination Agreement, Intercompany Subordination Agreement (Velocity Express Corp), Intercompany Subordination Agreement (Velocity Express Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Debtor until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorDebtor.

Appears in 3 contracts

Samples: Intercompany Subordination Agreement (Hudson Respiratory Care Inc), Intercompany Subordination Agreement (River Holding Corp), Intercompany Subordination Agreement (Hudson Respiratory Care Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the date on which the Senior DebtDebt has been Paid in Full. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the any other Obligor.

Appears in 3 contracts

Samples: Intercompany Subordination Agreement (Troika Media Group, Inc.), Financing Agreement (Global Geophysical Services Inc), Credit Agreement (Pope & Talbot Inc /De/)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Subordinated Creditor until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorSubordinated Creditor.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Fifth Street Asset Management Inc.), Credit Agreement (Ares Management Lp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorObligors.

Appears in 3 contracts

Samples: Intercompany Subordination Agreement (SMART Modular Technologies (DE), Inc.), Intercompany Subordination Agreement (New York & Company, Inc.), Intercompany Subordination Agreement (SMART Modular Technologies (DE), Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Borrower and the Subordinated Party until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorBorrower.

Appears in 2 contracts

Samples: Subordination Agreement (Cyberdefender Corp), Subordination Agreement (Cyberdefender Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Company Entity until payment the Secured Obligations are paid and performance performed in full and the Credit Agreement is terminated in cash of the Senior Debtaccordance with its terms. The subordinationssubordination, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorCompany Entities.

Appears in 2 contracts

Samples: Credit Agreement (Arc Document Solutions, Inc.), Security Agreement (Arc Document Solutions, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the any other Obligor.

Appears in 2 contracts

Samples: Intercompany Subordination Agreement (Newegg Commerce, Inc.), Subordination Agreement (Fitzgeralds Gaming Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other Obligor.

Appears in 2 contracts

Samples: Intercompany Subordination Agreement (Star Telecommunications Inc), Intercompany Subordination Agreement (Frontstep Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior DebtDebt is Paid in Full. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorObligors.

Appears in 2 contracts

Samples: Intercompany Subordination Agreement (Midway Games Inc), Intercompany Subordination Agreement (Midway Games Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Company until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorCompanies.

Appears in 2 contracts

Samples: Security Agreement (Polyone Corp), Intercompany Subordination Agreement (American Commercial Lines Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Creditor until payment and performance in full in cash the Discharge of the Senior DebtDebt has occurred. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other any Obligor.

Appears in 2 contracts

Samples: Intercompany Subordination Agreement (Butler International Inc /Md/), Trademark Security Agreement (Advent Software Inc /De/)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Borrower and Subordinated Party until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorBorrower.

Appears in 1 contract

Samples: Subordination Agreement (Cyberdefender Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall (a) remain in full force and effect regardless until the payment in full of whether the Senior Obligations, (b) be binding upon the Subordinated Creditor[s], the Obligor and their respective successors and assigns (including without limitation any party hereto in assignee or pledgee of the future seeks Subordinated Obligations), and (c) inure to rescindthe benefit of, amendand be enforceable by, terminatethe Trustee, or reformand its successors, by litigation or otherwise, its respective agreements with the other Obligortransferees and assigns.

Appears in 1 contract

Samples: Subordination Agreement (Polska Telefonia Cyfrowa Sp Zoo)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor CPI Party until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorCPI Parties.

Appears in 1 contract

Samples: Intercreditor Agreement (Communications & Power Industries Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Subordinated Party until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorSubordinated Parties.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Robotics, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Creditor until indefeasible payment and performance in full in cash of the Senior DebtDebt and termination of the Commitments. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, terminate or reform, by litigation or otherwise, its respective agreements with the other ObligorBorrower.

Appears in 1 contract

Samples: Credit Agreement (Mentor Graphics Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior DebtTermination Date. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect until the Termination Date regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the any other Obligor.

Appears in 1 contract

Samples: Financing Agreement (GP Investments Acquisition Corp.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Subordinated Creditor until the payment and performance in full in cash of the all Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other Obligorparty hereto.

Appears in 1 contract

Samples: Subordination Agreement (Golden Queen Mining Co LTD)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Borrower Subsidiaries until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Network Computing Devices Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Trustee and each Obligor Senior Secured Note holder until payment and performance in full in cash or Cash Equivalents of the Senior DebtCredit Agreement Obligations and termination of the Commitment. The subordinations, agreements, agreements and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, terminate or reform, by litigation or otherwise, its respective agreements with the Issuer or any other ObligorBorrower.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Sports Club Co Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Holdings until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorDebtor.

Appears in 1 contract

Samples: Subordination Agreement (National Media Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Credit Parties and Subordinating Creditor until payment and performance the Senior Debt is Discharged, or until the Subordinated Debt is paid in full in cash accordance with the provisions of the Senior DebtSection 3 above. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorCredit Parties.

Appears in 1 contract

Samples: Subordination Agreement (Pulse Network, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior DebtDebt (excluding indemnification obligations as to which no claim has been made). The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the any other Obligor.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Composite Technology Corp)

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Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Borrower and each Obligor Subordinating Creditor until payment and performance in full in cash of the Senior DebtDebt is Discharged. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorBorrower.

Appears in 1 contract

Samples: Subordination Agreement (Inergetics Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorObligors.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Iron Age Holdings Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Creditor until the FULL, final and indefeasible payment in cash, and performance in the full in cash and final performance, of the Senior DebtDebt and the termination of the Commitments. The subordinations, agreements, and priorities set forth herein shall remain in full FULL force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, terminate or reform, by litigation or otherwise, its respective agreements with the other ObligorBorrower.

Appears in 1 contract

Samples: Credit Agreement (Chalone Wine Group LTD)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior DebtDebt (or the collateralization thereof in a manner reasonably satisfactory to Agent). The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other Obligor.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (GNLV Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Credit Parties and the Subordinated Creditor until payment and performance in full in cash of the Senior DebtDebt is Discharged, or until the Subordinated Debt is paid in full. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorCredit Parties.

Appears in 1 contract

Samples: Subordination Agreement (Growlife, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Company and the Subordinated Creditor and the Investors until payment and performance in full in cash of the Senior DebtDebt is Discharged, or until the Subordinated Debt is paid in full. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorCompany.

Appears in 1 contract

Samples: Subordination Agreement (Jupiter Wellness, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior DebtDebt (other than contingent indemnification obligations). The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the any other Obligor.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Sugarfina Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other Obligor.

Appears in 1 contract

Samples: Financing Agreement (Dice Holdings, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Credit Parties and the Subordinated Creditor until payment and performance the Senior Debt is Discharged, or until the Subordinated Debt is paid in full in cash accordance with the provisions of the Senior Debtthis Agreement. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorCredit Parties.

Appears in 1 contract

Samples: Subordination Agreement (Alternus Energy Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Subordinated Creditor until payment and performance in full in cash the Discharge of the Senior Debt. The subordinations, agreements, agreements and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, terminate or reform, by litigation or otherwise, its respective agreements with the other ObligorCompany.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Airbee Wireless, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Loan Party until payment the Senior Debt is paid and performance performed in full and the Loan Agreement is terminated in cash of the Senior Debtaccordance with its terms. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorLoan Parties.

Appears in 1 contract

Samples: Assignment and Assumption (LSB Industries Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor the Holdings Subsidiaries until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorDebtor.

Appears in 1 contract

Samples: Subordination Agreement (National Media Corp)

Continuing Agreement. This Agreement is a continuing agreement -------------------- of subordination and shall continue in effect and be binding upon each Obligor Junior Lender until payment and performance in full in cash of the Senior Debt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorDebtor.

Appears in 1 contract

Samples: Subordination Agreement (Image Entertainment Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash the Discharge of the Senior DebtDebt has occurred. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other Obligor.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Jack Cooper Logistics, LLC)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Loan Party until payment the Senior Obligations is paid and performance performed in full and the Loan Agreement is terminated in cash of the Senior Debtaccordance with its terms. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other ObligorLoan Parties.

Appears in 1 contract

Samples: Assignment and Assumption (LSB Industries Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor Creditor until payment and performance in full in cash of the Senior DebtDebt and termination of Lender’s obligations under the Senior Loan Agreement. The subordinations, agreements, agreements and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, terminate or reform, by litigation or otherwise, its respective agreements with the other ObligorBorrower.

Appears in 1 contract

Samples: Intercreditor Agreement (Solar Power, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until payment and performance in full in cash of the Senior DebtDebt (or the collateralization thereof in a manner reasonably satisfactory to Collateral Agent). The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate, or reform, by litigation or otherwise, its respective agreements with the other Obligor.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Elgar Holdings Inc)

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