Common use of Effectiveness in Insolvency Proceedings Clause in Contracts

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 62 contracts

Samples: Intercreditor Agreement (Winnebago Industries Inc), Intercreditor Agreement (Manitowoc Co Inc), Security Agreement (Hayward Holdings, Inc.)

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Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 17 contracts

Samples: Intercreditor Agreement (Party City Holdco Inc.), Credit Agreement (UniTek Global Services, Inc.), Intercreditor Agreement (Xm Investment LLC)

Effectiveness in Insolvency Proceedings. This Agreement, which the The parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall 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 any Insolvency or Liquidation Proceeding.

Appears in 6 contracts

Samples: Intercreditor Agreement (Stonemor Inc.), Intercreditor Agreement (KCG Holdings, Inc.), Intercreditor Agreement (KCG Holdings, Inc.)

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

Appears in 5 contracts

Samples: First Lien Credit Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.)

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

Appears in 3 contracts

Samples: And Collateral Agency Agreement (Quest Resource Corp), Intercreditor and Collateral Agency Agreement (PostRock Energy Corp), Credit Agreement (Quest Energy Partners, L.P.)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a "subordination agreement" under section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 3 contracts

Samples: Amended and Restated Intercreditor Agreement (Smithfield Foods Inc), Intercreditor and Subordination Agreement (USA Synthetic Fuel Corp), Intercreditor Agreement (Dura Automotive Systems Inc)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly The Parties acknowledge that this Agreement is a “subordination agreement” under section 510(a) of the Bankruptcy Code, shall which will be effective before, during during, and after the commencement of an Insolvency 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 Proceeding.

Appears in 3 contracts

Samples: Intercreditor Agreement (Saleen Automotive, Inc.), Intercreditor Agreement (Terran Orbital Corp), Intercreditor Agreement (Par Petroleum Corp/Co)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly The Parties acknowledge that this Agreement is a “subordination agreement” under section 510(a) of the Bankruptcy Code, shall which will be effective before, during and after the commencement of an Insolvency 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 Proceeding.

Appears in 3 contracts

Samples: Intercreditor Agreement (KAR Auction Services, Inc.), Intercreditor Agreement (PRETIUM CANADA Co), Credit Agreement (KAR Auction Services, Inc.)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, including, without limitation, the Lien Priorities set forth in Section 2, shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 3 contracts

Samples: Intercreditor Agreement (SAExploration Holdings, Inc.), Intercreditor Agreement (SAExploration Holdings, Inc.), Intercreditor Agreement (SAExploration Holdings, Inc.)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy CodeCode or similar provision of any other applicable Insolvency Law, shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 3 contracts

Samples: Intercreditor Agreement (Royal Gold Inc), Intercreditor Agreement (Royal Gold Inc), Intercreditor Agreement (Thompson Creek Metals Co Inc.)

Effectiveness in Insolvency Proceedings. (a) This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding., subject, however, to Section 5.11(b) and to Section

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement

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

Appears in 2 contracts

Samples: Subordination Agreement (UniTek Global Services, Inc.), Subordination Agreement (UniTek Global Services, Inc.)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly The Parties acknowledge that this Agreement is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall which will be effective before, during and after the commencement of an Insolvency 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 Proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Mission Broadcasting Inc)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy Code, has been entered into for good and valid consideration, and shall be effective before, during and after the commencement of an any subsequently commenced Insolvency ProceedingProceeding prior to the Senior Obligations Repayment Date.

Appears in 2 contracts

Samples: Patent Security Agreement (Virgin Mobile USA, Inc.), Guarantee and Collateral Agreement (Virgin Mobile USA, Inc.)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy Code, has been entered into for good and valid consideration, and shall be effective before, during and after the commencement of an any subsequently commenced Insolvency Proceeding.

Appears in 2 contracts

Samples: Subordination and Intercreditor Agreement (Hollywood Media Corp), Subordination and Intercreditor Agreement (Hollywood Media Corp)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, Code (or substantially equivalent or similar provisions and concepts in other Bankruptcy Laws) shall be effective before, during and after the commencement of an Insolvency Proceeding. All references in this Agreement to any Debtor or Obligor shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in any Insolvency Proceeding.

Appears in 2 contracts

Samples: Credit Agreement (New Fortress Energy LLC), Credit Agreement (NFE Financial Holdings LLC)

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

Appears in 1 contract

Samples: Intercreditor Agreement (Oscient Pharmaceuticals Corp)

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

Appears in 1 contract

Samples: Senior Intercreditor and Subordination Agreement (Cit Group Inc)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a "subordination agreement" under section 510(a) of the Bankruptcy Code, has been entered into for good and valid consideration, and shall be effective before, during and after the commencement of an any subsequently commenced Insolvency Proceeding.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly The Parties acknowledge that this Agreement is a "subordination agreement" under section 510(a) of the Bankruptcy Code, shall which will be effective before, during during, and after the commencement of an Insolvency 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 Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Cal Dive International, Inc.)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a "subordination agreement" under section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding. SECTION 6.

Appears in 1 contract

Samples: 341 Intercreditor Agreement Intercreditor Agreement (Daktronics Inc /Sd/)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” (or equivalent) under section 510(a) of the Bankruptcy CodeCode (or analogous provision under any applicable Debtor Relief Laws of any relevant jurisdiction), shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (UTAC Holdings Ltd.)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Global Brass & Copper Holdings, Inc.)

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Effectiveness in Insolvency Proceedings. This Agreement, which the The parties hereto expressly acknowledge that this Agreement is a “subordination agreement” under section 510(a) of the Bankruptcy CodeCode (or any similar provision under any other Bankruptcy Law), shall which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding.. All references in this Agreement to any Obligor will include such Person as a debtor-in-possession and any receiver or trustee or similar official for such Person in an Insolvency Proceeding. 6.11

Appears in 1 contract

Samples: Credit Agreement (GTT Communications, Inc.)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy Code, shall be effective before, during both before and after the commencement of an Insolvency Proceeding.Insolvency

Appears in 1 contract

Samples: Intercreditor Agreement (Foster Wheeler LTD)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy Codeapplicable Insolvency Law, shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Royal Gold Inc)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly The Parties acknowledge that this Agreement is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall which will be effective before, during during, and after the commencement of an Insolvency 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 Proceeding.

Appears in 1 contract

Samples: Indenture (Ironwood Pharmaceuticals Inc)

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

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Blue Dolphin Energy Co)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Griffon Corp)

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

Appears in 1 contract

Samples: Intercreditor Agreement (Certara, Inc.)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, including, without limitation, the Lien priorities set forth in Section 2, shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (SAExploration Holdings, Inc.)

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

Appears in 1 contract

Samples: Intercreditor Agreement (Rite Aid Corp)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under section Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Northern Tier Retail LLC)

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

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (PostRock Energy Corp)

Effectiveness in Insolvency Proceedings. This Agreement, which the parties hereto expressly acknowledge Agreement is a “subordination agreement” under section within the meaning of Section 510(a) of the Bankruptcy CodeCode and will continue in full force and effect during any Insolvency Proceeding, including after the filing of any petition by or against Borrower under the Bankruptcy Code and all converted or succeeding cases in respect thereof. All references herein to Borrower shall be effective before, during deemed to apply to Borrower as debtor-in-possession and after the commencement of an Insolvency Proceedingto any trustee for Borrower’s estate.

Appears in 1 contract

Samples: Intercreditor Agreement (theMaven, Inc.)

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

Appears in 1 contract

Samples: Construction and Funding Contract (Blue Dolphin Energy Co)

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

Appears in 1 contract

Samples: Intercreditor Agreement

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