Common use of Lien Absolute Clause in Contracts

Lien Absolute. All rights of the Agent hereunder, and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Notes, the Indenture, any other Note Document or any other agreement or Instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Notes, the Indenture, any other Note Document or any other agreement or Instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit Party; or (e) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Pledgor.

Appears in 3 contracts

Sources: Pledge Agreement (Neff Corp), Pledge Agreement (Neff Finance Corp.), Pledge Agreement (Neff Rental LLC)

Lien Absolute. All rights of the Agent Administrative Agent, on behalf of the Secured Creditors, hereunder, and all obligations of each Pledgor the Pledgors hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Notes, the IndentureCredit Agreement, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Notes, the IndentureCredit Agreement, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit Loan Party; or (e) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any PledgorPledgor (other than the occurrence of the Termination Date).

Appears in 3 contracts

Sources: Pledge Agreement (Fortegra Group, Inc), Pledge Agreement (Fortegra Group, LLC), Pledge Agreement (Fortegra Group, LLC)

Lien Absolute. All rights of the Agent hereunder, and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the NotesCredit Agreement, the IndentureRevolving Credit Notes, any other Note Document Lender Agreement or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the NotesCredit Agreement, the IndentureRevolving Credit Notes, any other Note Document Lender Agreement or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateralcollateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit Party; or (ed) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any the Pledgor.

Appears in 3 contracts

Sources: Stock Pledge Agreement (Tweeter Home Entertainment Group Inc), Stock Pledge Agreement (Tweeter Home Entertainment Group Inc), Credit Agreement (Tweeter Home Entertainment Group Inc)

Lien Absolute. All rights of the Agent hereunder, and all ------------- obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Notes, the Indentureany Secured Debt Agreement, any other Note Document document executed in connection with either agreement or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Notesany Secured Debt Agreement, the Indenture, any other Note Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateralcollateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit Party; or (ed) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Pledgor.

Appears in 2 contracts

Sources: Pledge Agreement (Impac Group Inc /De/), Pledge Agreement (Impac Group Inc /De/)

Lien Absolute. All rights of the Agent Secured Party hereunder, and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the NotesLoan Agreement, the Indentureany Subsidiary Loan Document, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the NotesLoan Agreement, the Indentureany Subsidiary Loan Document, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any addition, exchange, release or non-perfection of any other Collateral, or any release or amendment or waiver of or consent to departure from any guarantyguarantee, for all or any of the Secured Obligations; (d) the insolvency of the Borrower, the Pledgor or any Credit Partyother Guarantor; or (e) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any the Pledgor.

Appears in 2 contracts

Sources: Pledge Agreement (Broadwind Energy, Inc.), Pledge Agreement (Broadwind Energy, Inc.)

Lien Absolute. All Subject to the Issuer Lien provided in Section 2 hereof, all rights of the Agent hereunder, and all obligations of each Pledgor Pledgors hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Notes, the IndentureCredit Agreement, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Notes, the IndentureCredit Agreement, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit Party; or (e) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any PledgorPledgors.

Appears in 2 contracts

Sources: Credit Agreement (Agway Inc), Credit Agreement (Agway Inc)

Lien Absolute. All rights of the Agent hereunderh▇▇▇▇▇▇▇▇, and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the NotesPurchase Agreement, the IndentureNotes, any other Note Transaction Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the NotesPurchase Agreement, the IndentureNotes, any other Note Transaction Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Pledged Collateral or any other Collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit PartyObligor; or (e) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Pledgor.

Appears in 2 contracts

Sources: Limited Guarantor Pledge Agreement (Madison Technologies Inc.), Limited Guarantor Pledge Agreement (Arena Investors LP)

Lien Absolute. All rights of the Agent and Lenders hereunder, and ------------- all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the NotesCredit Agreement, the IndentureNotes, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the NotesCredit Agreement, the IndentureNotes, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateralcollateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit Party; or (ed) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any of Pledgor.

Appears in 2 contracts

Sources: Pledge Agreement (Wilsons the Leather Experts Inc), Pledge Agreement (Wilsons the Leather Experts Inc)

Lien Absolute. All rights of Agent, on behalf of itself and the Agent other Secured Parties, hereunder, and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Notes, the IndentureLoan Agreement, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner manner, place or place terms of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Notes, the IndentureLoan Agreement, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateral, or any release or amendment or waiver of or consent to departure from any Joinder or guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit Loan Party; or (e) any other action or circumstance which might otherwise constitute a defense available to, or a legal or equitable discharge of, any Pledgor.

Appears in 1 contract

Sources: Collateral Pledge Agreement (Vertex Energy Inc.)

Lien Absolute. All rights of the Agent Lender hereunder, and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Notes, the IndentureCredit Agreement, any other Note Document Financing Agreement or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Notes, the IndentureCredit Agreement, any other Note Document Financing Agreement or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of the Borrower or any Credit Partyof its Subsidiaries; or (e) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Pledgor.

Appears in 1 contract

Sources: Pledge Agreement (Transmedia Network Inc /De/)

Lien Absolute. All rights of the Administrative Agent hereunder, and all obligations of each Pledgor the Pledgors hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Notes, the IndentureCredit Agreement, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of #PageNum# #4831-3075-4320 or any consent to any departure from the Notes, the IndentureCredit Agreement, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit Loan Party; or (e) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any PledgorPledgor (other than the occurrence of the Termination Date).

Appears in 1 contract

Sources: Pledge Agreement (Fortegra Financial Corp)

Lien Absolute. All rights of the Agent Bank hereunder, and all obligations of ------------- each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Notes, the IndentureLoan Agreement, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Notes, the IndentureLoan Agreement, any other Note Loan Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateral, Collateral or any release or amendment or waiver of of, or consent to departure from any guarantyguaranty for, for all or any of the Secured Obligations; (d) the insolvency of Borrower or any Credit PartyGuarantor or any other guarantor of the obligations; or (e) any other circumstance which that might otherwise constitute a defense available to, or a discharge of, any such Pledgor.

Appears in 1 contract

Sources: Pledge Agreement (Polyphase Corp)

Lien Absolute. All rights of the Administrative Agent and Lenders hereunder, and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the NotesCredit Agreement, the IndentureNotes, any other Note Document Ancillary Agreements or any other agreement or Instrument instrument governing or evidencing any Secured ObligationsIndebtedness; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured ObligationsIndebtedness, or any other amendment or waiver of or any consent to any departure from the NotesCredit Agreement, the IndentureNotes, any other Note Document Ancillary Agreement or any other agreement or Instrument instrument governing or evidencing any Secured ObligationsIndebtedness; (c) any exchange, release or non-perfection of any other Collateralcollateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit PartyIndebtedness; or (ed) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Pledgor.

Appears in 1 contract

Sources: Pledge Agreement (Information Resources Inc)

Lien Absolute. All rights of the Agent hereunder, and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the NotesCredit Agreement, the Indenturethis Agreement, any other Note Other Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the NotesCredit Agreement, the IndentureAgreement, any other Note Other Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateral, other than the Pledged Collateral or any release or amendment or waiver of or consent to departure from the terms of, any guaranty, for all or of any of the Secured Obligations; (d) the insolvency of any Credit Party; or (ed) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Pledgor.

Appears in 1 contract

Sources: Pledge Agreement (Lexington Precision Corp)

Lien Absolute. All rights of the Agent and Lenders hereunder, and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the NotesLoan Agreement, the IndentureNotes, any other Note Document Ancillary Agreements or any other agreement or Instrument instrument governing or evidencing any Secured ObligationsLiabilities; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured ObligationsLiabilities, or any other amendment or waiver of or any consent to any departure from the NotesLoan Agreement, the IndentureNotes, any other Note Document Ancillary Agreement or any other agreement or Instrument instrument governing or evidencing any Secured ObligationsLiabilities; (c) any exchange, release or non-perfection of any other Collateralcollateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit PartyLiabilities; or (ed) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Pledgor.

Appears in 1 contract

Sources: Loan and Security Agreement (ModusLink Global Solutions Inc)

Lien Absolute. All rights of the Agent Trustee hereunder, and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Notes, the Indenture, any other Note Security Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Notes, the Indenture, any other Note Security Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of the Company or any Credit PartyGuarantor; or (e) any other circumstance which might otherwise constitute a defense available to, or a discharge of, such Pledgor or any other Pledgor.

Appears in 1 contract

Sources: Pledge Agreement (Playtex Sales & Services Inc)

Lien Absolute. All rights of the Agent hereunder, and all ------------- obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Notes, the Indentureany Secured Debt Agreement, any other Note Document document executed in connection with either agreement or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Notesany Secured Debt Agreement, the Indenture, any other Note Document or any other agreement or Instrument instrument governing or evidencing any Secured Obligations; (c) any exchange, release or non-perfection of any other Collateralcollateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; (d) the insolvency of any Credit Party; or (ed) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any the Pledgor.

Appears in 1 contract

Sources: Pledge Agreement (Impac Group Inc /De/)