Common use of Effectiveness in Insolvency or Liquidation Proceedings Clause in Contracts

Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 17 contracts

Samples: Intercreditor Agreement (Karyopharm Therapeutics Inc.), Intercreditor Agreement (Karyopharm Therapeutics Inc.), Intercreditor Agreement (Nauticus Robotics, Inc.)

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Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will shall be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.

Appears in 15 contracts

Samples: Noteholder Agreement (Rockley Photonics Holdings LTD), Credit Agreement, Credit Agreement (PGA Holdings, Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Neiman Marcus Group LTD LLC), Assignment and Acceptance (Amneal Pharmaceuticals, Inc.), Credit Agreement (Amneal Pharmaceuticals, Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode and under comparable provisions of any other applicable Debtor Relief Law, which will be effective before, during and after the commencement of an any Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor Obligor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.

Appears in 7 contracts

Samples: Intercreditor Agreement (Dayforce, Inc.), Pledge and Security Agreement (Nuvei Corp), Intercreditor Agreement (Option Care Health, Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties hereto acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 6 contracts

Samples: Intercreditor Agreement (Urban One, Inc.), Intercreditor Agreement (Pioneer Energy Services Corp), Intercreditor Agreement (Key Energy Services Inc)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor the Company will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 3 contracts

Samples: Subordination and Intercreditor Agreement (Centrus Energy Corp), Pledge and Security Agreement (Centrus Energy Corp), Security Agreement (United States Enrichment Corp)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will shall be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 3 contracts

Samples: Intercreditor Agreement (Novelis Inc.), Intercreditor Agreement (Novelis Inc.), Intercreditor Agreement (Novelis Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will shall be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will Borrower or any Guarantor shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, any similar Bankruptcy Law or the PPSA, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to the Company or any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 2 contracts

Samples: Intercreditor Agreement (Signature Group Holdings, Inc.), Intercreditor Agreement

Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode and under any other applicable Debtor Relief Law, which will be effective before, during and after the commencement of an any Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor Obligor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Security Agreement (Isos Acquisition Corp.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode or any comparable provision of any Bankruptcy Law, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (ProFrac Holding Corp.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode with respect to the ABL Priority Collateral, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any the ABL Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Abl Intercreditor Agreement (Green Plains Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties hereto acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the 42 Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Summit Midstream Partners, LP)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties hereto acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor the Company will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Four Lien Intercreditor Agreement (Franchise Group, Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will shall, for the avoidance of any doubt, be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to Grantor or any Grantor will of its subsidiaries shall include such Person Grantor or such subsidiary, as applicable, as a debtor-in-possession and any receiver or trustee for such Person Grantor or such subsidiary, as applicable, in an any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Merisant Co)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor Debtor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Nord Anglia Education, Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode with respect to the ABL Priority Collateral, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any ABL Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Abl Intercreditor Agreement (Green Plains Inc.)

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Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor Loan Party will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Franchise Group, Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a "subordination agreement" under Section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an any Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Ocean Rig UDW Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties hereto acknowledge that this Agreement is a “subordination agreement” under Section section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor Obligor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Credit Agreement (LifeStance Health Group, Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties Each party hereto acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor Tenant will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (CAESARS ENTERTAINMENT Corp)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a "subordination agreement" under Section 510(a) of the Bankruptcy Code, which will shall be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement

Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode and other applicable Bankruptcy Laws, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (CIMPRESS PLC)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, which will shall, for the avoidance of any doubt, be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will the Seller shall include such Person the Seller as a debtor-in-possession and any receiver or trustee for such Person the Seller in an any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Tenneco Inc)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode and under comparable provisions of any other applicable Debtor Relief Law, which will be effective before, during and after the commencement of an any Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor Obligor will include such Person as a debtor-in-in- possession and any receiver or trustee for such Person in an any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Option Care Health, Inc.)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties This Agreement, which the parties hereto expressly acknowledge that this Agreement is a "subordination agreement" under Section 510(a) of the Bankruptcy Code, which will shall, for the avoidance of any doubt, be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any Grantor will an Obligor shall include such Person Obligor, as applicable, as a debtor-in-possession and any receiver or trustee for such Person Obligor, as applicable, in an any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Quintiles Transnational Corp)

Effectiveness in Insolvency or Liquidation Proceedings. The Parties acknowledge that this Agreement is a “subordination agreement” under Section 510(a) of the Bankruptcy CodeCode with respect to the Term Loan Priority Collateral, which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to any New Grantor will include such Person as a debtor-in-possession and any receiver or trustee for such Person in an Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: And Collateral Agency Agreement (Green Plains Inc.)

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