Common use of Separate Classes Clause in Contracts

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (i) the claims and interests of the First Lien Secured Parties and the Second Lien Secured Parties are not "substantially similar" within the meaning of Section 1122 of the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (ii) the grants of the First Priority Liens and the grants of the Second Priority Liens constitute two separate and distinct grants of Liens, (iii) the First Lien Secured Parties rights in the Collateral are fundamentally different from the Second Lien Secured Parties' rights in the Collateral and (iv) as a result of the foregoing, among other things, the First Lien Obligations and the Second Lien Obligations must be separately classified in any plan of reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Werner Holding Co Inc /Pa/)

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Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (ia) the claims and interests of the First Lien Secured Parties and the Second Lien Secured Parties are not "substantially similar" within the meaning of Section 1122 of the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (iib) the grants of the Liens to secure the First Priority Liens Lien Debt and the grants of the Liens to secure the Second Priority Liens Lien Debt constitute two separate and distinct grants of Liens, (iiic) the First Lien Secured Parties Parties’ rights in the Second Lien Collateral are fundamentally different from the Second Lien Secured Parties' rights in the Second Lien Collateral and (ivd) as a result of the foregoing, among other things, the First Lien Obligations Debt and the Second Lien Obligations Debt must be separately classified in any plan of reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Amh Holdings, LLC)

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (ia) the claims and interests of the First Lien Revolving Credit Secured Parties and the Second Lien Term Loan Secured Parties are not "substantially similar" within the meaning of Section 1122 of the the. Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (iib) the grants of the First Priority Liens to secure the Revolving Loan Obligations and the grants of the Second Priority Liens to secure the Term Loan Obligations constitute two separate and distinct grants of Liens, (iiic) the First Lien Revolving Credit Secured Parties Parties’ rights in the Collateral are fundamentally different from the Second Lien Term Loan Secured Parties' rights in the Collateral and (ivd) as a result of the foregoing, among other things, the First Lien Revolving Loan Obligations and the Second Lien Term Loan Obligations must be separately classified in any plan of reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Credit Agreement (Hhgregg, Inc.)

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (ia) the claims and interests of the First Lien Revolving Loan Secured Parties and the Second Lien Term Loan Secured Parties are not "substantially similar" within the meaning of Section 1122 of the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (iib) the grants of the First Priority Liens to secure the Revolving Loan Debt and the grants of the Second Priority Liens to secure the Term Loan Debt constitute two separate and distinct grants of Liens, (iiic) the First Lien Revolving Loan Secured Parties Parties’ rights in the Collateral are fundamentally different from the Second Lien Term Loan Secured Parties' rights in the Collateral Collateral, and (ivd) as a result of the foregoing, among other things, the First Lien Obligations Revolving Loan Debt and the Second Lien Obligations Term Loan Debt must be separately classified in any plan of reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Latrobe Specialty Metals, Inc.)

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Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (ia) the claims and interests of the First Lien Revolving Loan Secured Parties and the Second Lien Term Loan Secured Parties are not "substantially similar" within the meaning of Section 1122 of the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (iib) the grants of the First Priority Liens to secure the Revolving Loan Debt and the grants of the Second Priority Liens to secure the Term Loan Debt constitute two separate and distinct grants of Liens, (iiic) the First Lien Revolving Loan Secured Parties Parties’ rights in the Collateral are fundamentally different from the Second Lien Term Loan Secured Parties' rights in the Collateral and (ivd) as a result of the foregoing, among other things, the First Lien Obligations Revolving Loan Debt and the Second Lien Obligations Term Loan Debt must be separately classified in any plan of reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Frederick's of Hollywood Group Inc /Ny/)

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (ia) the claims and interests of the First Lien Secured Parties and the Second Lien Secured Parties are not "substantially similar" within the meaning of Section 1122 of the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (iib) the grants of the Liens to secure the First Priority Liens Lien Debt and the grants of the Liens to secure the Second Priority Liens Lien Debt constitute two separate and distinct grants of Liens, (iiic) the First Lien Secured Parties Parties’ rights in the Collateral are fundamentally different from the Second Lien Secured Parties' rights in the Collateral and (ivd) as a result of the foregoing, among other things, the First Lien Obligations Debt and the Second Lien Obligations Debt must be separately classified in any proposal or plan of compromise, arrangement or reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Appears in 1 contract

Samples: Intercreditor Agreement (Castle a M & Co)

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