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 in 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 Obligors.

Appears in 4 contracts

Sources: 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 the Creditor until Payment the full, final and indefeasible payment in Full cash, and the full 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 ObligorsBorrower.

Appears in 4 contracts

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

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until Payment payment and performance in Full 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 ObligorsObligor.

Appears in 4 contracts

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

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until Payment payment and performance in Full 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 Obligors.

Appears in 3 contracts

Sources: 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 Debtor until Payment payment and performance in Full 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 ObligorsDebtor.

Appears in 3 contracts

Sources: 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 in Full 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 ObligorsObligor.

Appears in 3 contracts

Sources: Intercompany Subordination Agreement (Troika Media Group, Inc.), Subordination 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 payment and performance in Full 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 ObligorsSubordinated Creditor.

Appears in 3 contracts

Sources: Credit Agreement, Credit Agreement (Fifth Street Asset Management Inc.), Amendment No. 4 (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 payment and performance in Full 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 any other ObligorsObligor.

Appears in 2 contracts

Sources: 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 Creditor until Payment in Full 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 Obligorsany Obligor.

Appears in 2 contracts

Sources: Intercompany Subordination Agreement (Butler International Inc /Md/), Credit 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 Company Entity until Payment the Secured Obligations are paid and performed in Full of full and the Senior DebtCredit Agreement is terminated in accordance 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 ObligorsCompany Entities.

Appears in 2 contracts

Sources: Credit Agreement (Arc Document Solutions, Inc.), Term Loan Credit 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 the Borrower and the Subordinated Party until Payment payment and performance in Full 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 ObligorsBorrower.

Appears in 2 contracts

Sources: 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 until Payment payment and performance in Full 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 ObligorsObligor.

Appears in 2 contracts

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

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon each Obligor until Payment in Full 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 Obligors.

Appears in 2 contracts

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

Continuing Agreement. This Agreement is a continuing agreement of subordination lien priority and shall continue in effect and be binding upon each Obligor Trustee until Payment payment and performance in Full full in cash of the Senior Priority 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 Obligorsany Borrower.

Appears in 2 contracts

Sources: Intercreditor Agreement (Silicon Graphics Inc), Intercreditor Agreement (Silicon Graphics 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 payment and performance in Full 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 ObligorsCompanies.

Appears in 2 contracts

Sources: Credit 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 the Creditor until Payment indefeasible payment and performance in Full full 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 ObligorsBorrower.

Appears in 1 contract

Sources: 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 the Holdings Subsidiaries until Payment payment and performance in Full 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 ObligorsDebtor.

Appears in 1 contract

Sources: 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 until Payment payment and performance in Full full 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 ObligorsObligor.

Appears in 1 contract

Sources: 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 the Company and the Subordinated Creditor and the Investors until Payment in Full 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 ObligorsCompany.

Appears in 1 contract

Sources: 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 Holdings until Payment payment and performance in Full 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 ObligorsDebtor.

Appears in 1 contract

Sources: 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 the Subordinated Creditor until Payment in Full 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 ObligorsCredit Parties.

Appears in 1 contract

Sources: 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 until Payment in Full 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 ObligorsObligor.

Appears in 1 contract

Sources: 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 the Borrower and Subordinated Party until Payment payment and performance in Full 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 ObligorsBorrower.

Appears in 1 contract

Sources: 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 in Full the Discharge 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 ObligorsObligor.

Appears in 1 contract

Sources: Note Purchase Agreement (ClearPoint Neuro, 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 in Full of the Senior DebtObligations is paid and performed in full and the Loan Agreement is terminated in accordance 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 ObligorsLoan Parties.

Appears in 1 contract

Sources: Term Loan Agreement (LSB Industries 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 in Full of the Senior DebtDebt is paid and performed in full and the Loan Agreement is terminated in accordance 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 ObligorsLoan Parties.

Appears in 1 contract

Sources: Term Loan Agreement (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 Credit Parties and the Subordinated Creditor until Payment in Full of the Senior DebtDebt is Discharged, or until the Subordinated Debt is paid in full in accordance with the provisions of this 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 ObligorsCredit Parties.

Appears in 1 contract

Sources: 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 until Payment payment and performance in Full 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 ObligorsObligor.

Appears in 1 contract

Sources: Intercompany Subordination Agreement (Composite Technology Corp)

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 in Full 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 ObligorsCompany.

Appears in 1 contract

Sources: 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 Subordinated Creditor until Payment the payment and performance in Full 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 Obligorsparty hereto.

Appears in 1 contract

Sources: 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 Junior Lender until Payment payment and performance in Full 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 ObligorsDebtor.

Appears in 1 contract

Sources: 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 payment and performance in Full 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 Obligors.

Appears in 1 contract

Sources: 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 Borrower Subsidiaries until Payment payment and performance in Full 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 ObligorsBorrower.

Appears in 1 contract

Sources: 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 each Obligor the Creditor until Payment the FULL, final and indefeasible payment in Full cash, and the full 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 ObligorsBorrower.

Appears in 1 contract

Sources: 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 the Borrower and each Obligor Subordinating Creditor until Payment in Full 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 ObligorsBorrower.

Appears in 1 contract

Sources: 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 the Credit Parties and Subordinating Creditor until Payment in Full of the Senior DebtDebt is Discharged, or until the Subordinated Debt is paid in full in accordance with the provisions of Section 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 ObligorsCredit Parties.

Appears in 1 contract

Sources: Subordination Agreement (Pulse Network, 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 payment and performance in Full 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 ObligorsBorrower.

Appears in 1 contract

Sources: 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 CPI Party until Payment payment and performance in Full 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 ObligorsCPI Parties.

Appears in 1 contract

Sources: 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 until Payment payment in Full 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 ObligorsObligor.

Appears in 1 contract

Sources: 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 Subordinated Party until Payment payment and performance in Full 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 ObligorsSubordinated Parties.

Appears in 1 contract

Sources: 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 Creditor until Payment payment and performance in Full full 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 ObligorsBorrower.

Appears in 1 contract

Sources: 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 payment and performance in Full full 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 ObligorsObligor.

Appears in 1 contract

Sources: 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 until Payment payment and performance in Full 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 ObligorsObligor.

Appears in 1 contract

Sources: Intercompany Subordination Agreement (Elgar Holdings Inc)