Term Debt Documents means the Term Loan Agreement and any promissory note, lease or other instrument evidencing the Term Debt or the obligation to pay the Term Debt, any guaranty with respect to the Term Debt, any security agreement, mortgage, or other collateral document securing the Term Debt and all other documents, agreements and instruments now existing or hereafter entered into evidencing or pertaining to all or any portion of the Term Debt, as the same may be amended, supplemented, or otherwise modified from time to time in accordance with this Agreement.
Nothing in this paragraph shall be interpreted as excusing any Grantor from the performance of, or imposing any obligation on the Collateral Agent or any Secured Party to cure or perform, any covenants or other promises of any Grantor with respect to taxes, assessments, charges, fees, Liens, security interests or other encumbrances and maintenance as set forth herein or in the other Term Debt Documents.
The foregoing provisions are intended as an inducement to the Pari First Lien Term Debt Secured Parties and Pari Second Lien Term Debt Secured Parties to enter into the arrangements contemplated by the Pari First Lien Term Debt Documents and the Pari Second Lien Term Debt Documents are intended third party beneficiaries of such provisions and the provisions of the ABL Intercreditor Agreement.
If any provision of this Agreement or the other Term Debt Documents is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement and the other Term Debt Documents shall not be affected or impaired thereby.
The rights, remedies, powers and privileges of the Secured Parties hereunder and under the other Term Debt Documents are cumulative and are not exclusive of any other rights, remedies, powers and privileges that they would otherwise have.
The Term Debt Documents are deemed to have been executed and delivered and all extensions of credit thereunder are deemed to have been made or incurred, in reliance upon this Agreement.