No Discharge; Survival of Claims. The Borrower and each Guarantor agrees that to the extent its Obligations hereunder are not satisfied in full, (a) its Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and each Loan Party, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Orders and described in subsection 2.8 and the Liens granted to the Administrative Agent pursuant to the Orders and described in subsection 2.8 shall not be affected in any manner by the entry of a Confirmation Order.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement, Credit and Guarantee Agreement (Sirva Inc)
No Discharge; Survival of Claims. The Borrower and each Guarantor agrees that to the extent its Obligations hereunder are not satisfied in full, (a) its Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and each Loan Party, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Orders and described in subsection 2.8 Section 2.16 and the Liens granted to the Administrative Agent pursuant to the Orders and described in subsection 2.8 Section 2.16 shall not be affected in any manner by the entry of a Confirmation Order.
Appears in 1 contract
Samples: And Security Agreement (Mississippi Chemical Corp /MS/)
No Discharge; Survival of Claims. The Each of the Borrower and each Guarantor the Guarantors agrees that to the extent its Obligations hereunder are not satisfied in full, (a) its Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and each Loan Party, of the Borrower and the Guarantors pursuant to Section 1141(d)(41141(d) (4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the Superpriority Super-priority Claim granted to the Administrative Agent and the Lenders pursuant to the Orders and described in subsection 2.8 Section 2.15 and the Liens granted to the Administrative Agent pursuant to the Orders and described in subsection 2.8 Section 2.15 shall not be affected in any manner by the entry of a Confirmation Order.
Appears in 1 contract
Samples: Revolving Credit and Guarantee Agreement (Fpa Medical Management Inc)
No Discharge; Survival of Claims. The Borrower and each Subsidiary Guarantor agrees that to the extent its the Obligations hereunder are not satisfied in full, (ai) its the Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and the Borrower and each Loan Party, Subsidiary Guarantor pursuant to Section 1141(d)(4) of the Bankruptcy Code, Code hereby waives any such discharge) and (bii) the Superpriority Super-Priority Claim granted to the Administrative Agent and the Lenders pursuant to the Orders and described in subsection 2.8 Section 4.1 and the Liens granted to the Administrative Agent pursuant to the Orders and described in subsection 2.8 Section 4.1 shall not be affected in any manner by the entry of a Confirmation Order.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Grand Union Co /De/)
No Discharge; Survival of Claims. The Borrower and each Guarantor agrees that to the extent its Obligations hereunder are not satisfied in full, (a) its Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and each Loan Party, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Orders Final Order and described in subsection 2.8 Section 2.23 and the Liens granted to the Administrative Agent pursuant to the Orders Final Order and described in subsection 2.8 Section 2.23 shall not be affected in any manner by the entry of a Confirmation Order.
Appears in 1 contract
Samples: Guarantee and Security Agreement (Superior Telecom Inc)
No Discharge; Survival of Claims. The Borrower and each Guarantor agrees that to the extent its Obligations hereunder are not satisfied in full, (a) its Obligations arising hereunder shall not be discharged by the entry of a Confirmation Order (and each Loan Party, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the Superpriority Claim granted to the Administrative Agent Agents and the Lenders pursuant to the Orders and described in subsection 2.8 Section 2.28 and the Liens granted to the Administrative Collateral Agent pursuant to the Orders and described in subsection 2.8 Section 2.28 shall not be affected in any manner by the entry of a Confirmation Order.
Appears in 1 contract
