Common use of Continuing Nature of this Agreement; Severability Clause in Contracts

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the Discharge of Credit Facility Claims or the Discharge of Indenture Obligations shall have occurred. This is a continuing agreement of lien subordination and (a) the Credit Facility Claim Holders may continue, at any time and without notice to the Indenture Agent or any Indenture Holder, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any other Grantor constituting Credit Facility Claims on reliance hereof and (b) the Indenture Holders may continue, at any time and without notice to the Credit Facility Agent or any Credit Facility Claim Holder, to extend credit and other financial accommodations to or for the benefit of the Company or any other Grantor constituting Indenture Obligations (including by means of purchasing any Notes issued by the Company) on reliance hereof. Each of the Indenture Agent, on behalf of itself and the Indenture Holders, and the Credit Facility Agent, on behalf of itself and the Credit Facility Claim Holders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. The terms of this Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the Discharge of Credit Facility Claims or the Discharge of Indenture Obligations shall have occurred. This is a continuing agreement of lien subordination Lien subordination, and (ax) the Credit Facility Claim Holders Priority Lien Secured Parties may continue, at any time and without notice to the Indenture Agent any Priority Lien Agent, any Parity Lien Secured Party or any Indenture HolderJunior Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any other Grantor Subsidiary constituting Credit Facility Claims on Priority Lien Obligations in reliance hereof hereon and (by) the Indenture Holders Parity Lien Secured Parties may continue, at any time and without notice to the Credit Facility Agent Parity Lien Collateral Trustee, any Priority Lien Secured Party or any Credit Facility Claim HolderJunior Lien Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any other Grantor Subsidiary constituting Indenture Parity Lien Obligations (including by means of purchasing any Notes issued by the Company) on in reliance hereof. Each of the Indenture Agent, on behalf of itself and the Indenture Holders, and the Credit Facility Agent, on behalf of itself and the Credit Facility Claim Holders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreementhereon. The terms of this Agreement shall survive, survive and shall continue in full force and effect, effect in any Insolvency or Liquidation Proceeding. Any provision of this Agreement which that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. All references to the Company or any other Grantor shall include the Company or such Grantor as debtor and debtor in possession and any receiver, trustee or similar person for the Company or any other Grantor (as the case may be) in any Insolvency or Liquidation Proceeding. This Agreement shall terminate and be of no further force and effect:

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective for First Priority Lenders until the Discharge of Credit Facility First Priority Claims or shall have occurred and for Second Priority Lenders until the Discharge of Indenture Obligations Second Priority Claims shall have occurred. This is a continuing agreement of lien subordination and (a) the Credit Facility Claim Holders First Priority Lenders may continue, at any time and without notice to the Indenture Second Priority Agent or any Indenture HolderSecond Priority Lender, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any other Grantor constituting Credit Facility First Priority Claims on reliance hereof and (b) the Indenture Holders Second Priority Lenders may continue, at any time and without notice to the Credit Facility First Priority Agent or any Credit Facility Claim HolderFirst Priority Lender, to extend credit and other financial accommodations to or for the benefit of the Company or any other Grantor constituting Indenture Obligations Second Priority Claims (including by means of purchasing any Notes issued by the Company) on reliance hereof. Each of the Indenture Second Priority Agent, on behalf of itself and the Indenture HoldersSecond Priority Lenders, and the Credit Facility First Priority Agent, on behalf of itself and the Credit Facility Claim HoldersFirst Priority Lenders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. The terms of this Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Continuing Nature of this Agreement; Severability. This Agreement shall continue to be effective until the Discharge of Credit Facility First Priority Claims or and the Discharge of Indenture Obligations Second Priority Claims shall have occurred. This is a continuing agreement of lien subordination and (a) the Credit Facility Claim Holders First Priority Lenders may continue, at any time and without notice to the Indenture Second Priority Agent or any Indenture HolderSecond Priority Lender, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any other Grantor constituting Credit Facility First Priority Claims on reliance hereof and (b) the Indenture Holders Second Priority Lenders may continue, at any time and without notice to the Credit Facility First Priority Agent or any Credit Facility Claim HolderFirst Priority Lender, to extend credit and other financial accommodations to or for the benefit of the Company or any other Grantor constituting Indenture Obligations Second Priority Claims (including by means of purchasing any Notes issued by the Company) on reliance hereof. Each of the Indenture Second Priority Agent, on behalf of itself and the Indenture HoldersSecond Priority Lenders, and the Credit Facility First Priority Agent, on behalf of itself and the Credit Facility Claim HoldersFirst Priority Lenders, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement. The terms of this Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.