Common use of No Waiver of Lien Priorities Clause in Contracts

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Agent or any other ABL Claimholder to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL Collateral Agent or any other ABL Claimholder or by any noncompliance by any Person with the terms, provisions, and covenants of this Agreement, any of the ABL Loan Documents or any of the Term Loan Documents, regardless of any knowledge thereof which the ABL Collateral Agent or any other ABL Claimholder may have or be otherwise charged with. No right of the Term Collateral Agent or any other Term Claimholder to enforce any provision of this Agreement or any Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the Term Collateral Agent or any other Term Claimholder or by any noncompliance by any Person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Documents or any of the ABL Loan Documents, regardless of any knowledge thereof which the Term Collateral Agent or any other Term Claimholder may have or be otherwise charged with.

Appears in 2 contracts

Samples: Term Credit Agreement (Ascena Retail Group, Inc.), Abl Intercreditor Agreement (Entegris Inc)

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No Waiver of Lien Priorities. (a) No right of the ABL Collateral Claimholders, the ABL Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by any ABL Claimholder or the ABL Collateral Agent or any other ABL Claimholder Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Term Loan Documents, regardless of any knowledge thereof which the ABL Collateral Agent or the ABL Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Collateral Claimholders, the Term Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by any Term Claimholder or the Term Collateral Agent or any other Term Claimholder Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the Term ABL Loan Documents or any of the ABL Term Loan Documents, regardless of any knowledge thereof which the Term Collateral Agent or the Term Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 2 contracts

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

No Waiver of Lien Priorities. (a) (i) No right of the ABL Credit Agreement Claimholders, the Credit Agreement Collateral Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Credit Agreement Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by any Credit Agreement Claimholder or the ABL Credit Agreement Collateral Agent or any other ABL Claimholder Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the ABL Credit Agreement Loan Documents or any of the Term Loan Pari Tranche Note Documents, regardless of any knowledge thereof which the ABL Credit Agreement Collateral Agent or the Credit Agreement Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. with and (ii) No right of the Term Pari Tranche Claimholders, the Pari Tranche Collateral Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Pari Tranche Note Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by any Pari Tranche Claimholder or the Term Pari Tranche Collateral Agent or any other Term Claimholder Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the Term Loan Pari Tranche Note Documents or any of the ABL Credit Agreement Loan Documents, regardless of any knowledge thereof which the Term Pari Tranche Collateral Agent or the Pari Tranche Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 2 contracts

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

No Waiver of Lien Priorities. (a) No right of Revolving Claimholders, the ABL Revolving Collateral Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by any Revolving Claimholder or the ABL Revolving Collateral Agent or any other ABL Claimholder Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the ABL Revolving Loan Documents or any of the Term Loan Notes Documents, regardless of any knowledge thereof which the ABL Revolving Collateral Agent or Revolving Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of Notes Claimholders, the Term Notes Collateral Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by any Notes Claimholder or the Term Notes Collateral Agent or any other Term Claimholder Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Notes Documents or any of the ABL Revolving Loan Documents, regardless of any knowledge thereof which the Term Notes Collateral Agent or Notes Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Salem Media Group, Inc. /De/)

No Waiver of Lien Priorities. (a) No right of the ABL Revolving Collateral Agent or any other ABL Revolving Claimholder to enforce any provision of this Agreement or any ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL Revolving Collateral Agent or any other ABL Revolving Claimholder or by any noncompliance by any Person with the terms, provisions, and covenants of this Agreement, any of the ABL Revolving Loan Documents or any of the Term Loan Documents, regardless of any knowledge thereof which the ABL Revolving Collateral Agent or any other ABL Revolving Claimholder may have or be otherwise charged with. No right of the Term Collateral Agent or any other Term Claimholder to enforce any provision of this Agreement or any Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the Term Collateral Agent or any other Term Claimholder or by any noncompliance by any Person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Documents or any of the ABL Revolving Loan Documents, regardless of any knowledge thereof which the Term Collateral Agent or any other Term Claimholder may have or be otherwise charged with.

Appears in 2 contracts

Samples: Counterpart Agreement (REV Group, Inc.), Counterpart Agreement (REV Group, Inc.)

No Waiver of Lien Priorities. (a) No right of the ABL Revolving Claimholders, the Revolving Collateral Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by any Revolving Claimholder or the ABL Revolving Collateral Agent or any other ABL Claimholder Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the ABL Revolving Loan Documents or any of the Term Loan Notes Documents, regardless of any knowledge thereof which the ABL Revolving Collateral Agent or the Revolving Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Notes Claimholders, the Notes Collateral Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by any Notes Claimholder or the Term Notes Collateral Agent or any other Term Claimholder Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Notes Documents or any of the ABL Revolving Loan Documents, regardless of any knowledge thereof which the Term Notes Collateral Agent or the Notes Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.. EXHIBIT K

Appears in 1 contract

Samples: Intercreditor Agreement (REV Group, Inc.)

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Revolver Claimholders, Revolver Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Revolver Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL Collateral Agent any Revolver Claimholder or any other ABL Claimholder Revolver Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the ABL Revolver Loan Documents or any of the Term Loan Documents, regardless of any knowledge thereof which the ABL Collateral Revolver Agent or Revolver Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Collateral Loan Claimholders, Term Loan Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the any Term Collateral Agent Loan Claimholder or any other Term Claimholder Loan Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Revolver Loan Documents or any of the ABL Term Loan Documents, regardless of any knowledge thereof which the Term Collateral Tern Loan Agent or Term Loan Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Senior Term Loan Credit Agreement (Bumble Bee Capital Corp.)

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Senior Lenders, the Senior Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor Warnaco Obligor or by any act or failure to act by any Senior Lender or the ABL Collateral Agent or any other ABL Claimholder Senior Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the ABL Loan Senior Lender Documents or any of the Term Loan Noteholder Documents, regardless of any knowledge thereof which the ABL Collateral Senior Agent or the Senior Lenders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Collateral Agent Noteholders, the Noteholder Trustees or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor Warnaco Obligor or by any act or failure to act by the Term Collateral Agent any Noteholder or any other Term Claimholder Noteholder Trustee, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the Term Loan Noteholder Documents or any of the ABL Loan Senior Lender Documents, regardless of any knowledge thereof which the Term Collateral Agent Noteholder Trustees or the Noteholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Warnaco Group Inc /De/)

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Claimholders, ABL Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL Collateral Agent or any other ABL Claimholder or ABL Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the ABL Loan Documents or or, any of the Term Loan DocumentsNotes Documents or the Other Pari Passu Lien Obligations Agreement, regardless of any knowledge thereof which the ABL Collateral Agent or any other ABL Claimholder Claimholders, or any of them, may have or be otherwise charged with. No right of the Term Collateral Notes Claimholders, Notes Agent or any other Term Claimholder of them to enforce any provision of this Agreement or, any Notes Document or any Term Loan Document Other Pari Passu Lien Obligations Agreement shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the Term Collateral Agent any Notes Claimholder or any other Term Claimholder Notes Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Notes Documents or or, any of the ABL Loan DocumentsDocuments or the Other Pari Passu Lien Obligations Agreement, regardless of any knowledge thereof which the Term Collateral Notes Agent or other Notes Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (LSB Industries Inc)

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Claimholders, ABL Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL Collateral Agent or any other ABL Claimholder or ABL Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the ABL Loan Documents or Documents, any of the Term Loan DocumentsNotes Documents or the Other Pari Passu Lien Obligations Agreement, regardless of any knowledge thereof which the ABL Collateral Agent or any other ABL Claimholder Claimholders, or any of them, may have or be otherwise charged with. No right of the Term Collateral Notes Claimholders, Notes Agent or any other Term Claimholder of them to enforce any provision of this Agreement Agreement, any Notes Document or any Term Loan Document Other Pari Passu Lien Obligations Agreement shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the Term Collateral Agent any Notes Claimholder or any other Term Claimholder Notes Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Documents or Notes Documents, any of the ABL Loan DocumentsDocuments or the Other Pari Passu Lien Obligations Agreement, regardless of any knowledge thereof which the Term Collateral Notes Agent or other Notes Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (LSB Industries Inc)

No Waiver of Lien Priorities. (a) (i) No right of the ABL Collateral Revolver Secured Parties, the Administrative Agent or any other ABL Claimholder of them to enforce any provision of this Agreement Intercreditor Annex or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Borrower or any other Grantor or by any act or failure to act by any Revolver Secured Party or the ABL Collateral Agent or any other ABL Claimholder Administrative Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this AgreementIntercreditor Annex, any of the ABL Loan Documents or any of the Term Loan Documents, regardless of any knowledge thereof which the ABL Collateral Administrative Agent or the Revolver Secured Parties, or any other ABL Claimholder of them, may have or be otherwise charged with. No with or (ii) no right of the Term Collateral Secured Parties, the Term Agent or any other Term Claimholder of them to enforce any provision of this Agreement Intercreditor Annex or any Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Borrower or any other Grantor or by any act or failure to act by any Term Secured Party or the Term Collateral Agent or any other Term Claimholder Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this AgreementIntercreditor Annex, any of the Term Loan Documents or any of the ABL Loan Documents, regardless of any knowledge thereof which the Term Collateral Agent or the Term Secured Parties, or any other Term Claimholder of them, may have or be otherwise charged with.;

Appears in 1 contract

Samples: Credit Agreement (Coffeyville Resources, Inc.)

No Waiver of Lien Priorities. (a) No right of Revolving Claimholders, the ABL Revolving Collateral Agent AgentLender or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by any Revolving Claimholder or the ABL Revolving Collateral Agent or any other ABL Claimholder AgentLender, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the ABL Revolving Loan Documents or any of the Term Loan Notes Documents, regardless of any knowledge thereof which the ABL Revolving Collateral Agent AgentLender or Revolving Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of Notes Claimholders, the Term Notes Collateral Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by any Notes Claimholder or the Term Notes Collateral Agent or any other Term Claimholder Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Notes Documents or any of the ABL Revolving Loan Documents, regardless of any knowledge thereof which the Term Notes Collateral Agent or Notes Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Salem Media Group, Inc. /De/)

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Revolving Claimholders, Revolving Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL Collateral Agent any Revolving Claimholder or any other ABL Claimholder Revolving Agent, or by any noncompliance by any Person with the terms, provisions, and covenants of this Agreement, any of the ABL Revolving Loan Documents or any of the Term Loan Documents, regardless of any knowledge thereof which the ABL Collateral Revolving Agent or Revolving Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Collateral Loan Claimholders, Term Loan Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the any Term Collateral Agent Loan Claimholder or any other Term Claimholder Loan Agent, or by any noncompliance by any Person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Documents or any of the ABL Revolving Loan Documents, regardless of any knowledge thereof which the Term Collateral Loan Agent or Term Loan Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.)

No Waiver of Lien Priorities. (a) No right of the ABL Revolving Claimholders, the ABL Revolving Collateral Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Gran- tor or by any act or failure to act by any ABL Revolving Claimholder or the ABL Revolving Collateral Agent, or by any noncompliance by any person with the terms, provisions, and covenants of this Agree- ment, any of the ABL Revolving Loan Documents or any of the Term Documents, regardless of any knowledge thereof which the ABL Revolving Collateral Agent or the ABL Revolving Claimholders, or any of them, may have or be otherwise charged with. No right of the Term Claimholders, any Term Agent or any of them to enforce any provision of this Agreement or any Term Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL Collateral Agent any Term Claimholder or any other ABL Claimholder Term Agent, or by any noncompliance by any Person with the terms, provisions, and covenants of this Agreement, any of the ABL Loan Documents or any of the Term Loan Documents, regardless of any knowledge thereof which the ABL Collateral Agent or any other ABL Claimholder may have or be otherwise charged with. No right of the Term Collateral Agent or any other Term Claimholder to enforce any provision of this Agreement or any Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the Term Collateral Agent or any other Term Claimholder or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Documents or any of the ABL Revolving Loan Documents, regardless of any knowledge thereof which any Term Agent or the Term Collateral Agent Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Revolver Claimholders, Revolver Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Revolver Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL Collateral Agent any Revolver Claimholder or any other ABL Claimholder Revolver Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the ABL Revolver Loan Documents or any of the Term Loan Documents, regardless of any knowledge thereof which the ABL Collateral Revolver Agent or Revolver Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Collateral Loan Claimholders, Term Loan Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the any Term Collateral Agent Loan Claimholder or any other Term Claimholder Loan Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Revolver Loan Documents or any of the ABL Term Loan Documents, regardless of any knowledge thereof which the Term Collateral Loan Agent or Term Loan Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.)

No Waiver of Lien Priorities. (a) No right of the ABL Claimholders, the ABL Collateral Agent Agents or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of Holdings, Borrower or any other Grantor or by any act or failure to act by the any ABL Claimholder or any ABL Collateral Agent or any other ABL Claimholder Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Term Fixed Asset Loan Documents, regardless of any knowledge thereof which the any ABL Collateral Agent or the ABL Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Fixed Asset Claimholders, any Fixed Asset Collateral Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Fixed Asset Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of Holdings, Borrower or any other Grantor or by any act or failure to act by the Term Collateral Agent any Fixed Asset Claimholder or any other Term Claimholder Fixed Asset Collateral Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the Term ABL Loan Documents or any of the ABL Fixed Asset Loan Documents, regardless of any knowledge thereof which the Term any Fixed Asset Collateral Agent or the Fixed Asset Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (ProFrac Holding Corp.)

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No Waiver of Lien Priorities. (a) No right of the ABL Claimholders, any ABL Collateral Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of Holdings or any other Grantor or by any act or failure to act by the any ABL Claimholder or any ABL Collateral Agent or any other ABL Claimholder Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Term Fixed Asset Loan Documents, regardless of any knowledge thereof which the ABL Collateral Agent or the ABL Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Fixed Asset Claimholders, any Fixed Asset Collateral Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Fixed Asset Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of Holdings or any other Grantor or by any act or failure to act by the Term Collateral Agent any Fixed Asset Claimholder or any other Term Claimholder Fixed Asset Collateral Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the Term ABL Loan Documents or any of the ABL Fixed Asset Loan Documents, regardless of any knowledge thereof which the Term any Fixed Asset Collateral Agent or the Fixed Asset Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Fairmount Santrol Holdings Inc.)

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Claimholders, ABL Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL Collateral Agent or any other ABL Claimholder or ABL Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the ABL Loan Documents or any of the Term Loan Notes Documents, regardless of any knowledge thereof which the ABL Collateral Agent or any other ABL Claimholder Claimholders, or any of them, may have or be otherwise charged with. No right of the Term Collateral Notes Claimholders, Notes Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the Term Collateral Agent any Notes Claimholder or any other Term Claimholder Notes Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Notes Documents or any of the ABL Loan Documents, regardless of any knowledge thereof which the Term Collateral Notes Agent or other Notes Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (LSB Industries Inc)

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Collection Agent, the First Lien Claimholders, the First Lien Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan First Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor Obligor or by any act or failure to act by any First Lien Claimholder or the ABL Collateral Agent or any other ABL Claimholder First Lien Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the ABL Loan First Lien Documents or any of the Term Loan Second Lien Documents, regardless of any knowledge thereof which the ABL Collateral First Lien Agent or the First Lien Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Collateral Agent Collection Agent, the Trustee, the Second Lien Claimholders or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Second Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor Obligor or by any act or failure to act by any Second Lien Claimholder or the Term Collateral Agent or any other Term Claimholder Trustee, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the Term Loan Second Lien Documents or any of the ABL Loan First Lien Documents, regardless of any knowledge thereof which the Term Collateral Agent Trustee or the Second Lien Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Quintiles Transnational Corp)

No Waiver of Lien Priorities. (a) No right of the ABL Claimholders, any ABL Collateral Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the any ABL Claimholder or any ABL Collateral Agent or any other ABL Claimholder Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Term Fixed Asset Loan Documents, regardless of any knowledge thereof which the ABL Collateral Agent or the ABL Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Fixed Asset Claimholders, any Fixed Asset Collateral Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Fixed Asset Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Term Collateral Agent any Fixed Asset Claimholder or any other Term Claimholder Fixed Asset Collateral Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the Term ABL Loan Documents or any of the ABL Fixed Asset Loan Documents, regardless of any knowledge thereof which the Term any Fixed Asset Collateral Agent or the Fixed Asset Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Staples Inc)

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Senior Lenders, the Senior Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor GenTek Obligor or by any act or failure to act by any Senior Lender or the ABL Collateral Agent or any other ABL Claimholder Senior Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the ABL Loan Senior Lender Documents or any of the Term Loan Junior Lender Documents, regardless of any knowledge thereof which the ABL Collateral Senior Agent or the Senior Lenders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Collateral Junior Lenders, the Junior Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor GenTek Obligor or by any act or failure to act by any Junior Lender or the Term Collateral Agent or any other Term Claimholder Junior Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the Term Loan Junior Lender Documents or any of the ABL Loan Senior Lender Documents, regardless of any knowledge thereof which the Term Collateral Junior Agent or the Junior Lenders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Gentek Inc)

No Waiver of Lien Priorities. (a) No right of the ABL Claimholders, any ABL Collateral Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the any ABL Claimholder or any ABL Collateral Agent or any other ABL Claimholder Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Term Fixed Asset Loan Documents, regardless of any knowledge thereof which the ABL Collateral Agent or the ABL Claimholders, Table of Contents or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Fixed Asset Claimholders, any Fixed Asset Collateral Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Fixed Asset Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Term Collateral Agent any Fixed Asset Claimholder or any other Term Claimholder Fixed Asset Collateral Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the Term ABL Loan Documents or any of the ABL Fixed Asset Loan Documents, regardless of any knowledge thereof which the Term any Fixed Asset Collateral Agent or the Fixed Asset Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Capella Healthcare, Inc.)

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Revolving Claimholders, Revolving Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL Collateral Agent any Revolving Claimholder or any other ABL Claimholder Revolving Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the ABL Revolving Loan Documents or any of the Term Loan Notes Documents, regardless of any knowledge thereof which the ABL Collateral Revolving Agent or Revolving Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Notes Claimholders, Notes Collateral Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the Term any Notes Claimholder or Notes Collateral Agent or any other Term Claimholder Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Notes Documents or any of the ABL Revolving Loan Documents, regardless of any knowledge thereof which the Term Notes Collateral Agent or Notes Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Headwaters Inc)

No Waiver of Lien Priorities. (a) No right of the ABL Revolving Claimholders, Revolving Collateral Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the ABL any Revolving Claimholder or Revolving Collateral Agent or any other ABL Claimholder Agent, or by any noncompliance by any Person with the terms, provisions, and covenants of this Agreement, any of the ABL Revolving Loan Documents or any of the Term Loan Notes Documents, regardless of any knowledge thereof which the ABL Revolving Collateral Agent or Revolving Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Notes Claimholders, Notes Collateral Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by the Term any Notes Claimholder or Notes Collateral Agent or any other Term Claimholder Agent, or by any noncompliance by any Person person with the terms, provisions, and covenants of this Agreement, any of the Term Loan Notes Documents or any of the ABL Revolving Loan Documents, regardless of any knowledge thereof which the Term Notes Collateral Agent or Notes Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Associated Materials, LLC)

No Waiver of Lien Priorities. (a) No right of the ABL Collateral Claimholders, ABL Agent or any other ABL Claimholder of them to enforce any provision of this Agreement or any ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the ABL Collateral Agent or any other ABL Claimholder or ABL Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the ABL Loan Documents or any of the Term Loan Note Documents, regardless of any knowledge thereof which ABL Agent or the ABL Collateral Agent Claimholders, or any other ABL Claimholder of them, may have or be otherwise charged with. No right of the Term Collateral Note Claimholders, Note Security Agent or any other Term Claimholder of them to enforce any provision of this Agreement or any Term Loan Note Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Term Collateral Agent any Note Claimholder or any other Term Claimholder Note Security Agent, or by any noncompliance by any Person with the terms, provisions, provisions and covenants of this Agreement, any of the Term ABL Loan Documents or any of the ABL Loan Note Documents, regardless of any knowledge thereof which the Term Collateral Note Security Agent or the Note Claimholders, or any other Term Claimholder of them, may have or be otherwise charged with.

Appears in 1 contract

Samples: Intercreditor Agreement (Pioneer Energy Services Corp)

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