Common use of Continuing Agreement, Transfer of Secured Obligations Clause in Contracts

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full force and effect until the Discharge of ABL Obligations and the Discharge of Term Obligations shall have occurred, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. All references to any Loan Party shall include any Loan Party as debtor-in-possession and any receiver or trustee for such Loan Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, any ABL Credit Party, the Term Agent, or any Term Credit Party may assign or otherwise transfer all or any portion of the ABL Obligations or the Term Obligations, as applicable, to any other Person (other than any Loan Party or any Affiliate of any Loan Party and any Subsidiary of any Loan Party), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term Agent, any ABL Credit Party, or any Term Credit Party, as the case may be, herein or otherwise. The ABL Credit Parties and the Term Credit Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness to, or for the benefit of, any Loan Party on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full force and effect until the Discharge of ABL Obligations and the Discharge of Term Obligations shall have occurred, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. All references to any Loan Credit Party shall include any Loan Credit Party as debtor-in-possession and any receiver or trustee for such Loan Credit Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, any ABL Credit PartyLender, the Term Agent, or any Term Credit Party Lender may assign or otherwise transfer all or any portion of the ABL Obligations or the Term Obligations, as applicable, to any other Person (other than any Loan Party Borrower, any Guarantor or any Affiliate of any Loan Party Borrower or any Guarantor (except as provided in the ABL Credit Agreement or the Term Credit Agreement) and any Subsidiary of any Loan PartyBorrower or any Guarantor), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term Agent, any ABL Credit PartyLender, or any Term Credit PartyLender, as the case may be, herein or otherwise. The ABL Credit Secured Parties and the Term Credit Secured Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness Indebtedness to, or for the benefit of, any Loan Credit Party on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full force and effect until the earlier of the Discharge of ABL Obligations and the Discharge of Term Obligations shall have occurredObligations, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. All references to any Loan Party Obligor shall include any Loan Party Obligor as debtor-in-possession and any receiver or trustee for such Loan Party Obligor in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, any other ABL Credit Secured Party, the Term Agent, or any other Term Credit Party may assign or otherwise transfer all or any portion of the ABL Obligations or the Term Obligations, as applicable, to any other Person (other than any Loan Party Obligor or any Affiliate of any Loan Party Obligor and any Subsidiary of any Loan Party), Obligor) and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term Agent, any other ABL Credit Secured Party, or any other Term Credit Party, as the case may be, herein or otherwise. The ABL Credit Secured Parties and the Term Credit Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness Indebtedness to, or for the benefit of, any Loan Party Borrower on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full force and effect until the earlier of the Discharge of ABL Obligations and or the Discharge of Term Obligations shall have occurredObligations, (b) be binding upon the Parties parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. All references to any Loan Party shall include any Loan Party as debtor-in-possession and any receiver or trustee for such Loan Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, Agent any ABL Credit Secured Party, the Term Agent, or any Term Credit Secured Party may assign or otherwise transfer all or any portion of the ABL Obligations or the Term Obligations, as applicable, to any other Person (other than any Loan Party Borrower, any Guarantor or any Subsidiary or Affiliate of any Loan Party and Borrower or any Subsidiary of any Loan PartyGuarantor), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term Agent, any ABL Credit Secured Party, or any Term Credit Secured Party, as the case may be, herein or otherwise. The ABL Credit Secured Parties and the Term Credit Secured Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness Indebtedness to, or for the benefit of, any Loan Party on the faith hereof.. Section 8.8

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) subject to Section 5.3, remain in full force and effect until the Discharge of ABL Obligations, the Discharge of 2025 Notes Obligations and the Discharge of Term Additional Obligations shall have occurred, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral, subject to Section 7.10 hereof. All references to any Loan Credit Party shall include any Loan Credit Party as debtor-in-possession and any receiver or trustee for such Loan Credit Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, any ABL Credit Party, the Term Agent, Secured Party Agent or any Term Credit Party Secured Creditor may assign or otherwise transfer all or any portion of the ABL Obligations or the Term Secured Obligations, as applicable, to any other Person (other than any Loan Party or Borrower, any Affiliate of any Loan Party Guarantor and any Subsidiary of any Loan PartyBorrower or any Guarantor), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term Agent, any ABL Credit Party, such Secured Party Agent or any Term Credit Party, as the case may be, herein or otherwiseSecured Creditor. The ABL Credit Parties and the Term Credit Secured Parties may continue, at any time and without notice to the other parties Parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness to, or for the benefit of, any Loan Credit Party on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full force and effect until the earlier of the date upon which the Discharge of ABL Obligations and shall have occurred or the date upon which the Discharge of Term Obligations shall have occurred, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. All references to any Loan Party shall include any Loan Party as debtor-in-possession and any receiver or trustee for such Loan Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, any ABL Credit Secured Party, the Term Agent, or any Term Credit Secured Party may assign or otherwise transfer all or any portion of the ABL Obligations or the Term Obligations, as applicable, to any other Person (other than any Loan Party or any Affiliate of any Loan Party and any Subsidiary of any Loan Party), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term Agent, any ABL Credit Secured Party, or any Term Credit Secured Party, as the case may be, herein or otherwise. The ABL Credit Secured Parties and the Term Credit Secured Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness Indebtedness to, or for the benefit of, any Loan Party on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full force and effect until (x) the Discharge of ABL 2003 Secured Obligations and or (y) the Discharge of Term 2009 Obligations (without the 2009 Obligations having been refinanced) shall have occurredoccurred and shall terminate upon the occurrence of the first to occur of either (x) or (y), (b) be binding upon the Parties Secured Party Agents and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties Secured Party Agents and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Shared Collateral, subject to Section 7.9. All references to any Loan Credit Party shall include any Loan Credit Party as debtor-in-possession and any receiver or trustee for such Loan Credit Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, any ABL Credit Party, the Term Agent, Secured Party Agent or any Term Credit Party Secured Creditor may assign or otherwise transfer all or any portion of the ABL Secured Obligations or the Term Obligations, as applicable, to any other Person (other than any Loan Credit Party or any Affiliate of any Loan Credit Party and any Subsidiary of any Loan Credit Party), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term Agent, any ABL Credit Party, such Secured Party Agent or any Term Credit Party, as the case may be, Secured Creditor herein or otherwise. The ABL Credit Parties and the Term Credit Secured Parties may continue, at any time and without notice to the other parties Secured Party Agents hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness to, or for the benefit of, any Loan Credit Party on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full force and effect until the Discharge of ABL Obligations and the Discharge of Term Obligations shall have occurred, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. All references to any Loan Credit Party shall include any Loan Credit Party as debtor-in-possession and any receiver or trustee for such Loan Credit Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, any ABL Credit Secured Party, the any Term Agent, or any Term Credit Secured Party may assign or otherwise transfer all or any portion of the ABL Obligations or the relevant Term Obligations, as applicable, to any other Person (other than any Loan Party Borrower, any Guarantor or any Affiliate of any Loan Party Borrower or any Guarantor and any Subsidiary of any Loan PartyBorrower or any Guarantor (except as provided in the ABL Credit Agreement, the Term Credit Agreement or any Additional Term Debt Agreement, as applicable)), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the such Term Agent, any such ABL Credit Secured Party, or any such Term Credit Secured Party, as the case may be, herein or otherwise. The ABL Credit Secured Parties and the Term Credit Secured Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness Indebtedness to, or for the benefit of, any Loan Credit Party on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full fall force and effect until the Discharge of ABL Obligations, the Discharge of Cash Flow Obligations and the Discharge of Term Additional Obligations shall have occurred, subject to Section 5.3, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral, subject to Section 7.10 hereof. All references to any Loan Credit Party shall include any Loan Credit Party as debtor-in-possession and any receiver or trustee for such Loan Credit Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, any ABL Credit Party, the Term Agent, Secured Party Agent or any Term Credit Party Secured Creditor may assign or otherwise transfer all or any portion of the ABL Secured Obligations or the Term Obligations, as applicable, to any other Person (other than any Loan Credit Party or any Affiliate of any Loan Credit Party and or any Subsidiary of any Loan Credit Party), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term Agent, any ABL Credit Party, such Secured Party Agent or any Term Credit Party, as the case may be, Secured Creditor herein or otherwise. The ABL Credit Parties and the Term Credit Secured Parties may continue, at any time and without notice to the other parties Parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness to, or for the benefit of, any Loan Credit Party on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full force and effect until the earlier of the Discharge of ABL Obligations and or the Discharge of Term Obligations shall have occurredObligations, (b) be binding upon the Parties parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. All references to any Loan Party shall include any Loan Party as debtor-in-possession and any receiver or trustee for such Loan Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, Agent any ABL Credit Secured Party, the Term Agent, or any Term Credit Secured Party may assign or otherwise transfer all or any portion of the ABL Obligations or the Term Obligations, as applicable, to any other Person (other than any Loan Party Borrower, any Guarantor or any Subsidiary or Affiliate of any Loan Party and Borrower or any Subsidiary of any Loan PartyGuarantor), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term Agent, any ABL Credit Secured Party, or any Term Credit Secured Party, as the case may be, herein or otherwise. The ABL Credit Secured Parties and the Term Credit Secured Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness Indebtedness to, or for the benefit of, any Loan Party on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full force and effect until the Discharge of ABL Obligations and the Discharge of Term Obligations shall have occurred, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. All references to any Loan Credit Party shall include any Loan Credit Party as debtor-in-possession and any receiver or trustee for such Loan Credit Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Agent, any ABL Credit PartyLender, the Term Agent, or any Term Credit Party Lender may assign or otherwise transfer all or any portion of the ABL Obligations or the Term Obligations, as applicable, to any other Person (other than any Loan Party Borrower, any Guarantor or any Affiliate of any Loan Party Borrower or any Guarantor and any Subsidiary of any Loan PartyBorrower or any Guarantor), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term Agent, any ABL Credit PartyLender, or any Term Credit PartyLender, as the case may be, herein or otherwise. The ABL Credit Secured Parties and the Term Credit Secured Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness to, or for the benefit of, any Loan Credit Party on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) subject to Section 5.3, remain in full force and effect until the Discharge of ABL Obligations and the Discharge of Term Loan Obligations shall have occurred, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. All references to any Loan Credit Party shall include any Loan Credit Party as debtor-in-possession and any receiver or trustee for such Loan Credit Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Term Loan Collateral Agent, any ABL Credit other Term Loan Secured Party, the Term Notes Collateral Agent, or any Term Credit other Notes Secured Party may assign or otherwise transfer all or any portion of the ABL Term Loan Obligations or the Term Notes Obligations, as applicable, to any other Person (other than any Loan Party Borrower, any Guarantor or any Affiliate of any Borrower or any Guarantor (except as provided in any Term Loan Party and Credit Agreement or any Indenture, as applicable), or any Subsidiary of any Loan PartyBorrower or any Guarantor), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Term Loan Collateral Agent, the Term Notes Collateral Agent, any ABL Credit such other Term Loan Secured Party, or any Term Credit such other Notes Secured Party, as the case may be, herein or otherwise. The ABL Credit Each of the Term Loan Secured Parties and the Term Credit Notes Secured Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness Indebtedness to, or for the benefit of, any Loan Credit Party on the faith hereof.

Continuing Agreement, Transfer of Secured Obligations. This Agreement is a continuing agreement and shall (a) remain in full force and effect until the earlier of the Discharge of ABL Obligations and or the Discharge of Term Obligations shall have occurredNotes Obligations, (b) be binding upon the Parties parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. All references to any Loan Party shall include any Loan Party as debtor-in-possession and any receiver or trustee for such Loan Party in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL AgentAgent any ABL Secured Party, any ABL Credit Party, the Term Notes Collateral Agent, or any Term Credit Notes Secured Party may assign or otherwise transfer all or any portion of the ABL Obligations or the Term Notes Obligations, as applicable, to any other Person (other than any Loan Party Borrower, any Guarantor or any Subsidiary or Affiliate of any Loan Party and Borrower or any Subsidiary of any Loan PartyGuarantor), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Agent, the Term any Notes Collateral Agent, any ABL Credit Secured Party, or any Term Credit Notes Secured Party, as the case may be, herein or otherwise. The ABL Credit Secured Parties and the Term Credit Notes Secured Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide indebtedness Indebtedness to, or for the benefit of, any Loan Party on the faith hereof.. US-DOCS\116541863.10