No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Documents or the Second Priority Documents.
Appears in 44 contracts
Samples: Intercreditor Agreement (Party City Holdco Inc.), First Lien Credit Agreement (Hayward Holdings, Inc.), Intercreditor Agreement (Rivian Automotive, Inc. / DE)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Term Loan Documents.
Appears in 14 contracts
Samples: Intercreditor Agreement (SMG Industries Inc.), Intercreditor Agreement (Franchise Group, Inc.), Intercreditor Agreement (Franchise Group, Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Lien Documents or the Second Priority Lien Documents.
Appears in 9 contracts
Samples: Intercreditor Agreement (Alta Equipment Group Inc.), Intercreditor Agreement, Note Purchase Agreement (B. Riley Principal Merger Corp.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Grantor with the terms and conditions of any of the First Priority Documents or Documents, any of the Second Priority Documents or any of the Third Priority Documents.
Appears in 7 contracts
Samples: Intercreditor Agreement (Eastman Kodak Co), Security Agreement (Eastman Kodak Co), Intercreditor Agreement (Eastman Kodak Co)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Grantor with the terms and conditions of any of the First Priority Documents or the Second Priority Documents.
Appears in 6 contracts
Samples: Intercreditor Agreement (Endo International PLC), Intercreditor Agreement (Ami Celebrity Publications, LLC), Intercreditor Agreement (Dynacast Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Senior Documents or the Second Priority Subordinated Documents.
Appears in 5 contracts
Samples: Subordination and Intercreditor Agreement, Subordination and Intercreditor Agreement (Hollywood Media Corp), Subordination and Intercreditor Agreement (Hollywood Media Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Grantor with the terms and conditions of any of the First Priority Documents or any of the Second Priority Documents.
Appears in 5 contracts
Samples: Intercreditor Agreement (Eastman Kodak Co), Intercreditor Agreement (Eastman Kodak Co), Intercreditor and Collateral Cooperation Agreement (J C Penney Co Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party the Vendor with the terms and conditions of any of the First Priority Senior Debt Documents or the Second Priority Royal Gold Documents.
Appears in 4 contracts
Samples: Intercreditor Agreement (Royal Gold Inc), Intercreditor Agreement (Thompson Creek Metals Co Inc.), Intercreditor Agreement (Royal Gold Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Senior Loan Documents or the Second Priority Subordinated Debenture Documents.
Appears in 4 contracts
Samples: Intercreditor and Subordination Agreement (Teton Energy Corp), Intercreditor and Subordination Agreement (Teton Energy Corp), Intercreditor and Subordination Agreement (Teton Energy Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Grantor with the terms and conditions of any of the First Priority Documents or the Second Junior Priority Documents.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Community Choice Financial Inc.), Blocked Account Control Agreement (Community Choice Financial Inc.), Passu Intercreditor Agreement (Diamond Resorts Parent, LLC)
No Waivers. No Except as provided in Section 5.03, no right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by the Borrower or any Loan Party of its Subsidiaries with the terms and conditions of any of the First Priority Documents or the Second Priority Senior Revolving Credit Documents.
Appears in 3 contracts
Samples: Subordination Agreement, Intercreditor and Subordination Agreement (Linn Energy, LLC), Intercreditor and Subordination Agreement (Cadence Resources Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Credit Party with the terms and conditions of any of the First Priority Documents or the Second Priority Documents.
Appears in 3 contracts
Samples: Amended and Restated Intercreditor Agreement (RHI Entertainment, Inc.), Intercreditor Agreement (RHI Entertainment, Inc.), Guarantee and Collateral Agreement (Mirant North America, LLC)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Obligor with the terms and conditions of any of the First Priority Lien Documents or the Second Priority Lien Documents.
Appears in 3 contracts
Samples: Intercreditor and Collateral Agency Agreement (PostRock Energy Corp), Credit Agreement (Quest Energy Partners, L.P.), And Collateral Agency Agreement (Quest Resource Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Documents or the Second Priority Loan Documents.
Appears in 3 contracts
Samples: Intercreditor Agreement (SAExploration Holdings, Inc.), Intercreditor Agreement (SAExploration Holdings, Inc.), Intercreditor Agreement (SAExploration Holdings, Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Note Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (Easton-Bell Sports, Inc.), Pledge and Security Agreement (Easton-Bell Sports, Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Documents or Documents, any of the Second Priority Documents or any of the Third Priority Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Tower Automotive, LLC)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Lien Priority Documents or the Second Lien Priority Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (Anywhere Real Estate Group LLC), Intercreditor Agreement (Realogy Holdings Corp.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Documents, the Second Priority Documents or the Second Junior Priority Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (Delta Air Lines Inc /De/), First Lien Security Agreement (Delta Air Lines Inc /De/)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party the Company with the terms and conditions of any of the First Priority Documents or the Second Priority Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (Insite Vision Inc), Intercreditor Agreement (Insite Vision Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Grantor with the terms and conditions of any of the First Priority ABL Loan Documents or the Second Priority Term Debt Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Staffing 360 Solutions, Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Working Capital Documents or the Second Priority Term Loan Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Stereotaxis, Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Term Debt Documents.
Appears in 2 contracts
Samples: Credit Agreement (UniTek Global Services, Inc.), Intercreditor Agreement (Smithfield Foods Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Revolving Facility Documents or the Second Priority Term Facility Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (Fender Musical Instruments Corp), Intercreditor Agreement (Fender Musical Instruments Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Revolving Credit Documents or the Second Priority Term Loan Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (Vertex Energy Inc.), Intercreditor Agreement (Vertex Energy Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by the Borrower or any Loan Party Grantor with the terms and conditions of any of the First Priority Documents or the Second Priority Documents.
Appears in 2 contracts
Samples: Junior Intercreditor Agreement, Junior Intercreditor Agreement (Lee Enterprises, Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Lien Collateral Documents or the Second Priority Lien Collateral Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (Triple Crown Media, Inc.), Intercreditor Agreement (Open Solutions Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other Intercreditor Agreement party hereto or by any noncompliance by any Loan Credit Party with the terms and conditions of any of the First Priority Lien Documents or the Second Priority Lien Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (Quest Energy Partners, L.P.), Intercreditor Agreement (Quest Resource Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by the Borrower or any Loan Party Grantor with the terms and conditions of any of the Pulitzer First Priority Documents or the Pulitzer Second Priority Documents.
Appears in 2 contracts
Samples: Pulitzer Junior Intercreditor Agreement (Lee Enterprises, Inc), Junior Intercreditor Agreement (Lee Enterprises, Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Debtor Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Indenture Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (CPM Holdings, Inc.), Intercreditor Agreement (CPM Holdings, Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Lien Senior Priority Documents or the Second First Lien Junior Priority Documents.
Appears in 2 contracts
Samples: Amended and Restated Intercreditor Agreement (Domus Holdings Corp), Intercreditor Agreement (Realogy Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Documents or any of the Second Priority Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents, the Term Debt Documents or the Second Priority DocumentsReceivables Documents or any noncompliance by the Receivables Buyer with the terms and conditions of the Credit and Security Agreement.
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Smithfield Foods Inc)
No Waivers. No Except as provided in Section 5.03, no right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by the Borrower or any Loan Party of its Subsidiaries with the terms and conditions of any of the First Priority Documents or the Second Priority Senior Loan Documents.. ARTICLE IV
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Abraxas Energy Partners LP)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party the Credit Parties with the terms and conditions of any of the First Priority Lien Collateral Documents, the Second Lien Collateral Documents or the Second Priority Third Lien Collateral Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (Dobson Communications Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Notes Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Existing Facilities Documents or the Second Priority Additional Facilities Documents.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Mirant North America, LLC)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Second Priority Documents or the Second Third Priority Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (Commercial Vehicle Group, Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Fixed Asset Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Greenpac Party with the terms and conditions of any of the First Priority Project Debt Documents or the Second Priority Bridge Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Cascades Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Indenture Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (SAExploration Holdings, Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party the PEL Credit Parties, PPC or their respective subsidiaries with the terms and conditions of any of the First Priority Documents or the Second Priority Documents, as applicable.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by the Borrower, any Loan Party Guarantor or any other Person with the terms and conditions of any of the First Priority Credit Documents or the Second Priority TWC Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Grantor with the terms and conditions of any of the First Priority Lien Documents or the Second Priority Lien Documents.
Appears in 1 contract
No Waivers. (1) No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance non-compliance by any Loan Credit Party with the terms and conditions of any of the First Priority Documents or the Second Priority Credit Documents.
Appears in 1 contract
Samples: Agreement
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Grantor with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Term Loan Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (Basic Energy Services Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Credit Party with the terms and conditions of any of the First Priority Senior Documents or the Second Priority Subordinate Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (Encore Energy Partners LP)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Obligor Party with the terms and conditions of any of the First Priority Loan Agreement Documents or the Second Priority New Indenture Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Grantor with the terms and conditions of any of the First First-Priority Documents or the Second Second-Priority Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by such party or any Loan Party other party with the terms and conditions of any of the First Priority Documents or the Second Priority DocumentsBasic Agreements.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Credit Party with the terms and conditions of any of the First Priority Documents or the Second Priority Documents.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (USA Synthetic Fuel Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Obligor Party with the terms and conditions of any of the First Priority Credit Agreement Documents or the Second Priority New Indenture Documents.. ARTICLE 8
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party the Vendor with the terms and conditions of any of the First Priority Senior Debt Documents or the Second Priority Royal Gold Documents. SECTION 8.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Notes Documents. SECTION 9.
Appears in 1 contract
Samples: 341 Intercreditor Agreement Intercreditor Agreement (Daktronics Inc /Sd/)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Financing Party with the terms and conditions of any of the First Priority Factoring Documents or the Second Priority Notes Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Bank Group Loan Party or Pension Fund Obligor, as applicable, with the terms and conditions of any of the First Priority Bank Group Documents. the Pension Fund Documents or the Second Priority DocumentsConvertible Note Document.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Non-ABL Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Documents or the Second Junior Priority Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (Commercial Vehicle Group, Inc.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority [Term Loan] Documents.
Appears in 1 contract
Samples: Joinder Agreement (TimkenSteel Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Obligor Party with the terms and conditions of any of the First Priority Credit Agreement Documents or the Second Priority New Indenture Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Senior Lien Documents or the Second Priority Junior Lien Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (Black Elk Energy Finance Corp.)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Documents, the Second Priority Documents or the Second Third Priority Documents.
Appears in 1 contract
No Waivers. No Except as provided in Section 5.03, no right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by the Borrower or any Loan Party of its Subsidiaries with the terms and conditions of any of the First Priority Documents or the Second Priority Senior Loan Documents.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Abraxas Petroleum Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Note and Specified Hedge Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Lien Documents, any of the Second Lien Documents or any of the Second Priority Third Lien Documents.
Appears in 1 contract
Samples: Form of Intercreditor Agreement (Wci Communities Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Grantor with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Collateral Trust Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Documents or the Second Priority Documents. SECTION 8.
Appears in 1 contract
Samples: Intercreditor Agreement
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party Grantor with the terms and conditions of any of the First Second Priority Documents or the Second Junior Priority Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority U.S. Loan Documents or the Second Priority International Loan Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Credit Party with the terms and conditions of any of the First Priority ABL Documents or the Second Priority Exit Convertible Notes Documents.
Appears in 1 contract
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party the Obligor with the terms and conditions of any of the First Priority Lien Documents or the Second Priority Lien Documents.
Appears in 1 contract
Samples: Intercreditor and Collateral Agency Agreement (PostRock Energy Corp)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Documents, the Second Priority Documents or the Second Junior Priority Documents. SECTION 8.
Appears in 1 contract
Samples: Loan and Guaranty Agreement
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by any Loan Party with the terms and conditions of any of the First Priority Documents Credit Agreement Documents, the Secured Counterparty Documents, or the Second Priority Sowood Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (Total Gas & Electricity (PA) Inc)
No Waivers. No right or benefit of any party hereunder shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of such party or any other party hereto or by any noncompliance by the Borrowers or any Loan Party of their Subsidiaries with the terms and conditions of any of the First Priority Documents or the Second Priority Senior Revolving Credit Documents.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Parallel Petroleum Corp)
