Common use of No Discharge; Survival of Claims Clause in Contracts

No Discharge; Survival of Claims. The Borrower and each of the other Loan Parties agrees that (a) the Obligations shall not be discharged by the entry of an order confirming a Reorganization Plan (and the Borrower and each of the other Loan Parties, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the superpriority administrative claim granted to the Lender pursuant to the DIP Financing Order and described in Section 2.10 and the Liens granted to the Lender pursuant to the DIP Financing Order and described in Section 9.01 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan in any Cases.

Appears in 2 contracts

Samples: Credit and Security Agreement, Credit and Security Agreement (Ata Holdings Corp)

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No Discharge; Survival of Claims. The Borrower and each Each of the other Loan Credit Parties agrees that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan in any Chapter 11 Case (and the Borrower and each of the other Loan Credit Parties, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the superpriority administrative claim claims granted to the Lender Agent and Lenders pursuant to the DIP Interim Financing Order and Final Financing Order and described in Section 2.10 2.8, and the Liens granted to the Lender Agent pursuant to the DIP Financing Order Orders and the other Security Documents and described in Section 9.01 2.8, shall not be affected in any manner by the entry of an order confirming a Reorganization Plan in any CasesChapter 11 Case.

Appears in 2 contracts

Samples: Credit Agreement (Wellman Inc), Credit Agreement (BMC Industries Inc/Mn/)

No Discharge; Survival of Claims. The Borrower and each of the other Loan Parties agrees Guarantors agree, to the extent applicable, that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan plan of reorganization in the Chapter 11 Cases (and the Borrower and each of the other Loan PartiesGuarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives waive any such discharge) and (b) the superpriority any super-priority administrative claim granted to the Lender pursuant to the DIP Financing Order and any order described in Section 2.10 1.12 and the Liens granted to the Lender pursuant to the DIP Financing Order and any order described in Section 9.01 1.12 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan plan of reorganization in any the Chapter 11 Cases.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Torrent Energy Corp)

No Discharge; Survival of Claims. The Borrower and each of agrees, to the other Loan Parties agrees extent applicable, that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan plan of reorganization in the Bankruptcy Case (and the Borrower and each of the other Loan PartiesBorrower, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) ), and (b) the superpriority any super-priority administrative claim granted to the Lender pursuant to the DIP Financing Order and any order described in this Section 2.10 9 and the Liens granted to the Lender pursuant to the DIP Financing Order and any order described in this Section 9.01 9 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan plan of reorganization in any Casesthe Bankruptcy Case.

Appears in 1 contract

Samples: Credit Agreement (Rancher Energy Corp.)

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No Discharge; Survival of Claims. The Borrower and each of the other Loan Parties agrees that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and the Borrower and each of the other Loan Parties, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the superpriority administrative claim granted to the Lender pursuant to the DIP Financing Interim Order and Final Order and described in Section 2.10 and the Liens granted to the Lender pursuant to the DIP Financing Interim Order and Final Order and described in Section 9.01 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan in any Cases.

Appears in 1 contract

Samples: Credit and Security Agreement (Ata Holdings Corp)

No Discharge; Survival of Claims. The Borrower and each of the other Loan Parties agrees that except as otherwise expressly agreed to by Lender (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan plan of reorganization in the Chapter 11 Case (and the Borrower and each of the other Loan Parties, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (bii) the superpriority super-priority administrative claim granted to the Lender pursuant to the DIP Financing Interim Order and Final Order and described in Section 2.10 2.9(b) and the Liens granted to the Lender pursuant to the DIP Financing Final Order and described in Section 9.01 2.9(c) shall not be affected in any manner by the entry of an order confirming a Reorganization Plan plan of reorganization in any Casesthe Chapter 11 Case.

Appears in 1 contract

Samples: Credit and Security Agreement (Apex Silver Mines LTD)

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