Provisions Applicable After Bankruptcy. The provisions of this Agreement shall continue in full force and effect notwithstanding the occurrence of and from and after any "Insolvency Event."
Provisions Applicable After Bankruptcy. The provisions of this Agreement shall continue in full force and effect notwithstanding the occurrence of any Insolvency Event. To the extent that the Subordinated Noteholders has or acquires any rights under Section 362, 363 or 364 of the Bankruptcy Code with respect to the Collateral, the Subordinated Noteholders hereby agrees not to assert such rights without the prior written consent of the Senior Lenders; provided, that if requested by the Senior Lenders, the Subordinated Noteholders shall seek to exercise such rights in the manner requested by the Senior Lenders, including the rights in payments in respect of such rights. Without limiting the generality of the foregoing sentence, to the extent that Senior Lenders consent to any Credit Party’s use of cash collection under Section 363 of the Bankruptcy Code or any Senior Lender agrees to provide financing to any Borrower under Section 364 of the Bankruptcy Code, the Subordinated Noteholders hereby agrees not to impede, object to (on grounds of lack of adequate protection, or otherwise), or otherwise interfere with such use of cash collateral or financing. The Subordinated Noteholders specifically agrees that the Senior Lenders may consent to any Credit Party’s use of cash collateral or provide financing to any Credit Party on such terms and conditions and in such amounts as the Senior Lenders, in their sole discretion, may decide and that, in connection with such cash collateral usage or such financing, any Credit Party (or a trustee appointed for the estate of such Credit Party) may grant to the Senior Lenders liens and security interests upon all or any part of the assets of any Borrower or other Credit Party, which liens and security interests: (i) shall secure payments of all Senior Obligations (whether such Senior Obligations arose prior to the filing of the bankruptcy petition or thereafter); and (ii) shall be superior in priority to the liens on and security interests in the assets of any Borrower or other Credit Party held by the Subordinated Noteholders. The Subordinated Noteholders (both in its capacity as a Subordinated Noteholders and in its capacity (if any) as a party which may be obligated to any Credit Party or any Credit Party’s Affiliates with respect to contracts which are part of any Senior Lender’s Collateral) agrees not to initiate or prosecute or encourage any other Person to initiate or prosecute any claim, action, objection or other proceeding (A) challenging the enforceabilit...
Provisions Applicable After Bankruptcy. The intercreditor and subordination arrangements set forth in this Agreement, including without limitation, the subordination of the Junior Lien to the Senior Lien, shall continue in full force and effect notwithstanding the occurrence of any proceeding under the Bankruptcy Code, and in furtherance thereof:
Provisions Applicable After Bankruptcy. Each party hereto agrees, solely in its capacity as a holder of Second Priority Collateral and without prejudice to its rights as a holder of First Priority Collateral, that in any bankruptcy proceeding of any Credit Party it will not:
Provisions Applicable After Bankruptcy. The provisions of this Agreement shall continue in full force and effect notwithstanding the occurrence of any Insolvency Event. To the extent that Subordinated Lender has or acquires any rights under Section 362, 363 or 364 of the Bankruptcy Code with respect to the Collateral, Subordinated Lender hereby agrees not to assert such rights without the prior written consent of Senior Lender; provided that, if requested by Senior Lender, Subordinated Lender shall seek to exercise such rights in the manner requested by Senior Lender, including the rights in payments in respect of such rights. Subordinated Lender (both in its capacity as Subordinated Lender and in its capacity as a party which may be obligated to Borrower or any of Borrower's affiliates with respect to contracts which are part of Senior Lender's Collateral) agrees not to initiate or prosecute or encourage any other Person to initiate or prosecute any claim, action, objection or other proceeding (i) challenging the enforceability of Senior Lender's claim (ii) challenging the enforceability of any liens or security interests in assets securing the Senior Debt, (iii) asserting any claims which Borrower may hold with respect to Senior Lender, or (iv) objecting to any sale or other disposition of Borrower's assets consented to by Senior Lender in any bankruptcy or other proceeding or any borrowing or grant of any lien by Borrower consented to by Senior Lender in any such proceeding.
Provisions Applicable After Bankruptcy. 27 Section 8.3 Invalidated Payments.....................................28 Section 8.4
Provisions Applicable After Bankruptcy. (a) This Agreement shall continue in full force and effect after the filing of any petition (“Petition”) by or against Borrower under the United State Bankruptcy Code (“Bankruptcy Code”) and all converted or succeeding cases in respect thereof. All references herein to Borrower, any subsidiary or any Senior Guarantor shall be deemed to apply to Borrower, any subsidiary or such Senior Guarantor as debtor-in-possession and to a trustee for Borrower, any subsidiary or such Senior Guarantor. The Senior Obligations shall continue to be treated as Senior Obligations and the provisions of this Agreement shall continue to govern the relative rights and priorities of Senior Creditor and Junior Creditor even if all or part of the Senior Obligations or the Senior Security Interests in any Collateral are subordinated, set aside, avoided or disallowed in connection with any Insolvency Event, and this Agreement shall be reinstated if at any time any payment of any of the Senior Obligations is rescinded or must otherwise be returned by any holder of all or any portion of the Senior Obligations or any representative of such holder.
Provisions Applicable After Bankruptcy. The provisions of this Agreement shall continue in full force and effect notwithstanding the occurrence of any Insolvency Event. Upon any distributions to creditors of any Debtor in a liquidation or dissolution of the Debtor, or in bankruptcy, reorganization, insolvency, receivership, administration, or similar proceedings relating to the Debtor or its property or in an assignment for the benefit of creditors or any marshaling of assets and liabilities of the Debtor: (i) holders of the Level I Senior Creditor Obligations shall be entitled to receive payment in full of all Level I Senior Creditor Obligations (including interest after commencement of any proceeding at the interest rate specified in the applicable Level I Senior Creditor Loan Documents, whether or not such interest is an allowable claim in any such proceeding (and also including all attorney's fees and other costs incurred in any such proceedings, including attorney's fees and costs incurred after the commencement of any case under the Bankruptcy Code)) before Subordinate Creditors shall be entitled to receive any payment of any Subordinate Creditor Obligations.
Provisions Applicable After Bankruptcy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’S AFFILIATES WITH RESPECT TO CONTRACTS WHICH ARE PART OF SENIOR LENDERS’ COLLATERAL) AGREES NOT TO INITIATE OR PROSECUTE OR ENCOURAGE ANY OTHER PERSON TO INITIATE OR PROSECUTE ANY CLAIM, ACTION, OBJECTION OR OTHER PROCEEDING (I) CHALLENGING THE ENFORCEABILITY OF A SENIOR LENDER'S CLAIM WITH RESPECT TO SENIOR DEBT, (II) CHALLENGING THE ENFORCEABILITY OF ANY LIENS OR SECURITY INTERESTS IN ASSETS SECURING THE SENIOR DEBT, (III) ASSERTING ANY CLAIMS WHICH BORROWER MAY HOLD WITH RESPECT TO A SENIOR LENDER, OR (IV) OBJECTING TO ANY SALE OR OTHER DISPOSITION OF BORROWER’S ASSETS CONSENTED TO BY SENIOR LENDERS IN ANY BANKRUPTCY OR OTHER PROCEEDING OR ANY BORROWING OR GRANT OF ANY LIEN BY BORROWER CONSENTED TO BY SENIOR LENDERS IN ANY SUCH PROCEEDING.
Provisions Applicable After Bankruptcy. (a) This Agreement shall continue in full force and effect after the filing of any petition (“Petition”) by or against Borrower under the Bankruptcy Code and all converted or succeeding cases in respect
