Common use of Continuing Nature of this Agreement; Severability Clause in Contracts

Continuing Nature of this Agreement; Severability. This is a continuing agreement of Lien subordination, and (x) the Priority Lien Secured Parties may continue, at any time and without notice to any Priority Lien Agent, any Parity Lien Secured Party or any Junior Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any Subsidiary constituting Priority Lien Obligations in reliance hereon and (y) the Parity Lien Secured Parties may continue, at any time and without notice to the Parity Lien Collateral Trustee, any Priority Lien Secured Party or any Junior Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any Subsidiary constituting Parity Lien Obligations in reliance hereon. The terms of this Agreement shall survive and continue in full force and effect in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to the Company or any other Grantor shall include the Company or such Grantor as debtor and debtor in possession and any receiver, trustee or similar person for the Company or any other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect:

Appears in 1 contract

Samples: Intercreditor Agreement (CONSOL Mining Corp)

AutoNDA by SimpleDocs

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the Discharge of Credit Facility Claims or the Discharge of Indenture Obligations shall have occurred. This is a continuing agreement of Lien subordination, lien subordination and (xa) the Priority Lien Secured Parties Credit Facility Claim Holders may continue, at any time and without notice to any Priority Lien Agent, any Parity Lien Secured Party the Indenture Agent or any Junior Lien Secured PartyIndenture Holder, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any Subsidiary other Grantor constituting Priority Lien Obligations in Credit Facility Claims on reliance hereon hereof and (yb) the Parity Lien Secured Parties Indenture Holders may continue, at any time and without notice to the Parity Lien Collateral Trustee, any Priority Lien Secured Party Credit Facility Agent or any Junior Lien Secured PartyCredit Facility Claim Holder, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any Subsidiary other Grantor constituting Parity Lien Indenture Obligations in (including by means of purchasing any Notes issued by the Company) on reliance hereonhereof. Each of the Indenture Agent, on behalf of itself and the Indenture Holders, and the Credit Facility Agent, on behalf of itself and the Credit Facility Claim Holders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. The terms of this Agreement shall survive survive, and shall continue in full force and effect effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that which is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to the Company or any other Grantor shall include the Company or such Grantor as debtor and debtor in possession and any receiver, trustee or similar person for the Company or any other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect:.

Appears in 1 contract

Samples: Intercreditor Agreement (Kratos Defense & Security Solutions, Inc.)

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective for First Priority Lenders until the Discharge of First Priority Claims shall have occurred and for Second Priority Lenders until the Discharge of Second Priority Claims shall have occurred. This is a continuing agreement of Lien subordination, lien subordination and (xa) the First Priority Lien Secured Parties Lenders may continue, at any time and without notice to any the Second Priority Lien Agent, any Parity Lien Secured Party Agent or any Junior Lien Secured PartySecond Priority Lender, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any Subsidiary other Grantor constituting First Priority Lien Obligations in Claims on reliance hereon hereof and (yb) the Parity Lien Secured Parties Second Priority Lenders may continue, at any time and without notice to the Parity Lien Collateral Trustee, any First Priority Lien Secured Party Agent or any Junior Lien Secured PartyFirst Priority Lender, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any Subsidiary other Grantor constituting Parity Lien Obligations in Second Priority Claims (including by means of purchasing any Notes issued by the Company) on reliance hereonhereof. Each of the Second Priority Agent, on behalf of itself and the Second Priority Lenders, and the First Priority Agent, on behalf of itself and the First Priority Lenders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. The terms of this Agreement shall survive survive, and shall continue in full force and effect effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that which is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to the Company or any other Grantor shall include the Company or such Grantor as debtor and debtor in possession and any receiver, trustee or similar person for the Company or any other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect:.

Appears in 1 contract

Samples: Intercreditor Agreement (Broadview Networks Holdings Inc)

AutoNDA by SimpleDocs

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the Discharge of First Priority Claims and the Discharge of Second Priority Claims shall have occurred. This is a continuing agreement of Lien subordination, lien subordination and (xa) the First Priority Lien Secured Parties Lenders may continue, at any time and without notice to any the Second Priority Lien Agent, any Parity Lien Secured Party Agent or any Junior Lien Secured PartySecond Priority Lender, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any Subsidiary other Grantor constituting First Priority Lien Obligations in Claims on reliance hereon hereof and (yb) the Parity Lien Secured Parties Second Priority Lenders may continue, at any time and without notice to the Parity Lien Collateral Trustee, any First Priority Lien Secured Party Agent or any Junior Lien Secured PartyFirst Priority Lender, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any Subsidiary other Grantor constituting Parity Lien Obligations in Second Priority Claims (including by means of purchasing any Notes issued by the Company) on reliance hereonhereof. Each of the Second Priority Agent, on behalf of itself and the Second Priority Lenders, and the First Priority Agent, on behalf of itself and the First Priority Lenders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. The terms of this Agreement shall survive survive, and shall continue in full force and effect effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that which is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to the Company or any other Grantor shall include the Company or such Grantor as debtor and debtor in possession and any receiver, trustee or similar person for the Company or any other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect:.

Appears in 1 contract

Samples: Intercreditor Agreement (Broadview Networks Holdings Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.