Common use of Continuing Agreement Clause in Contracts

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor until the full, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt and the termination of the Commitments. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate or reform, by litigation or otherwise, its respective agreements with the Borrower.

Appears in 4 contracts

Sources: Subordination Agreement (Chalone Wine Group LTD), Subordination Agreement (Chalone Wine Group LTD), Subordination Agreement (Domaines Barons De Rothschild /Lafite/)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final and indefeasible payment Payment in cash, and the full and final performance, Full of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Obligors.

Appears in 4 contracts

Sources: Intercompany Subordination Agreement, Intercompany Subordination Agreement (Velocity Express Corp), Intercompany Subordination Agreement (Velocity Express Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Obligor.

Appears in 4 contracts

Sources: Intercompany Subordination Agreement (Ares Commercial Real Estate Corp), Intercompany Subordination Agreement (Ares Commercial Real Estate Corp), Intercompany Subordination Agreement (Oasis Interval Ownership, LLC)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Obligors.

Appears in 3 contracts

Sources: Intercompany Subordination Agreement (SMART Modular Technologies (DE), Inc.), Intercompany Subordination Agreement (New York & Company, Inc.), Intercompany Subordination Agreement (SMART Modular Technologies (DE), Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the each Subordinated Creditor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Subordinated Creditor.

Appears in 3 contracts

Sources: Credit Agreement, Credit Agreement (Fifth Street Asset Management Inc.), Amendment No. 4 (Ares Management Lp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final and indefeasible payment in cash, and the full and final performance, of date on which the Senior Debt and the termination of the Commitmentshas been Paid in Full. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerany other Obligor.

Appears in 3 contracts

Sources: Intercompany Subordination Agreement (Troika Media Group, Inc.), Subordination Agreement (Global Geophysical Services Inc), Credit Agreement (Pope & Talbot Inc /De/)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Debtor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Debtor.

Appears in 3 contracts

Sources: Intercompany Subordination Agreement (Hudson Respiratory Care Inc), Intercompany Subordination Agreement (River Holding Corp), Intercompany Subordination Agreement (Hudson Respiratory Care Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Company Entity until the full, final Secured Obligations are paid and indefeasible payment performed in cash, full and the full and final performance, of the Senior Debt and the termination of the CommitmentsCredit Agreement is terminated in accordance with its terms. The subordinationssubordination, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Company Entities.

Appears in 2 contracts

Sources: Credit Agreement (Arc Document Solutions, Inc.), Term Loan Credit Agreement (Arc Document Solutions, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerany other Obligor.

Appears in 2 contracts

Sources: Intercompany Subordination Agreement (Newegg Commerce, Inc.), Subordination Agreement (Fitzgeralds Gaming Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor until the full, final and indefeasible payment in cash, Borrower and the Subordinated Party until payment and performance in full and final performance, in cash of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrower.

Appears in 2 contracts

Sources: Subordination Agreement (Cyberdefender Corp), Subordination Agreement (Cyberdefender Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the each Creditor until the full, final and indefeasible payment in cash, and the full and final performance, Discharge of the Senior Debt and the termination of the Commitmentshas occurred. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerany Obligor.

Appears in 2 contracts

Sources: Intercompany Subordination Agreement (Butler International Inc /Md/), Credit Agreement (Advent Software Inc /De/)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Obligor.

Appears in 2 contracts

Sources: Intercompany Subordination Agreement (Frontstep Inc), Intercompany Subordination Agreement (Star Telecommunications Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt and the termination of the Commitmentsis Paid in Full. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Obligors.

Appears in 2 contracts

Sources: Intercompany Subordination Agreement (Midway Games Inc), Intercompany Subordination Agreement (Midway Games Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Company until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Companies.

Appears in 2 contracts

Sources: Credit Agreement (Polyone Corp), Intercompany Subordination Agreement (American Commercial Lines Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Obligors.

Appears in 1 contract

Sources: Intercompany Subordination Agreement (Iron Age Holdings Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final and indefeasible payment in cash, and the full and final performance, Discharge of the Senior Debt and the termination of the Commitmentshas occurred. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Obligor.

Appears in 1 contract

Sources: Intercompany Subordination Agreement (Jack Cooper Logistics, LLC)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Loan Party until the full, final Senior Obligations is paid and indefeasible payment performed in cash, full and the full and final performance, of the Senior Debt and the termination of the CommitmentsLoan Agreement is terminated in accordance with its terms. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Loan Parties.

Appears in 1 contract

Sources: Term Loan Agreement (LSB Industries Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Credit Parties and Subordinating Creditor until the full, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt and is Discharged, or until the termination Subordinated Debt is paid in full in accordance with the provisions of the CommitmentsSection 3 above. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the BorrowerCredit Parties.

Appears in 1 contract

Sources: Subordination Agreement (Pulse Network, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the each Subordinated Creditor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the all Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother party hereto.

Appears in 1 contract

Sources: Subordination Agreement (Golden Queen Mining Co LTD)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor until the full, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt and the termination of the Commitments. The subordinations, agreements, and priorities set forth herein shall (a) remain in full force and effect regardless until the payment in full of whether the Senior Obligations, (b) be binding upon the Subordinated Creditor[s], the Obligor and their respective successors and assigns (including without limitation any party hereto in assignee or pledgee of the future seeks Subordinated Obligations), and (c) inure to rescindthe benefit of, amendand be enforceable by, terminate or reformthe Trustee, by litigation or otherwiseand its successors, its respective agreements with the Borrowertransferees and assigns.

Appears in 1 contract

Sources: Indenture (Polska Telefonia Cyfrowa Sp Zoo)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, of the Senior Debt and the termination of the Commitments(other than contingent indemnification obligations). The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerany other Obligor.

Appears in 1 contract

Sources: Intercompany Subordination Agreement (Sugarfina Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor until the full, final and indefeasible payment and performance in cash, and the full and final performance, of the Senior Debt and the termination of the Commitments. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate or reform, by litigation or otherwise, its respective agreements with the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Mentor Graphics Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor Borrower Subsidiaries until the full, final payment and indefeasible payment performance in cash, and the full and final performance, of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrower.

Appears in 1 contract

Sources: Loan and Security Agreement (Network Computing Devices Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Loan Party until the full, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt is paid and performed in full and the termination of the CommitmentsLoan Agreement is terminated in accordance with its terms. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Loan Parties.

Appears in 1 contract

Sources: Term Loan Agreement (LSB Industries Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, of the Senior Debt and (or the termination of the Commitmentscollateralization thereof in a manner reasonably satisfactory to Agent). The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Obligor.

Appears in 1 contract

Sources: Intercompany Subordination Agreement (GNLV Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Borrower and each Subordinating Creditor until the full, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt and the termination of the Commitmentsis Discharged. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrower.

Appears in 1 contract

Sources: Subordination Agreement (Inergetics Inc)

Continuing Agreement. This Agreement is a continuing agreement -------------------- of subordination and shall continue in effect and be binding upon the Creditor Junior Lender until the full, final payment and indefeasible payment performance in cash, and the full and final performance, of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the BorrowerDebtor.

Appears in 1 contract

Sources: Subordination Agreement (Image Entertainment Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, of the Senior Debt and the termination of Lender’s obligations under the CommitmentsSenior Loan Agreement. The subordinations, agreements, agreements and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate or reform, by litigation or otherwise, its respective agreements with the Borrower.

Appears in 1 contract

Sources: Intercreditor Agreement (Solar Power, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt and the termination of the CommitmentsTermination Date. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect until the Termination Date regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerany other Obligor.

Appears in 1 contract

Sources: Financing Agreement (GP Investments Acquisition Corp.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Obligor.

Appears in 1 contract

Sources: Financing Agreement (Dice Holdings, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Credit Parties and the Subordinated Creditor until the full, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt and is Discharged, or until the termination Subordinated Debt is paid in full in accordance with the provisions of the Commitmentsthis Agreement. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the BorrowerCredit Parties.

Appears in 1 contract

Sources: Subordination Agreement (Alternus Energy Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and the termination of the Commitments(excluding indemnification obligations as to which no claim has been made). The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerany other Obligor.

Appears in 1 contract

Sources: Intercompany Subordination Agreement (Composite Technology Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor until the full, final and indefeasible payment in cash, Company and the full Subordinated Creditor and final performance, of the Investors until the Senior Debt and is Discharged, or until the termination of the CommitmentsSubordinated Debt is paid in full. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the BorrowerCompany.

Appears in 1 contract

Sources: Subordination Agreement (Jupiter Wellness, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Subordinated Party until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Subordinated Parties.

Appears in 1 contract

Sources: Loan and Security Agreement (Restoration Robotics, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final and indefeasible payment in cash, and the full and final performance, Discharge of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerany other Obligor.

Appears in 1 contract

Sources: Note Purchase Agreement (ClearPoint Neuro, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Subordinated Creditor until the full, final and indefeasible payment in cash, and the full and final performance, Discharge of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, agreements and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate or reform, by litigation or otherwise, its respective agreements with the BorrowerCompany.

Appears in 1 contract

Sources: Intercreditor and Subordination Agreement (Airbee Wireless, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor Holdings Subsidiaries until the full, final payment and indefeasible payment performance in cash, and the full and final performance, of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the BorrowerDebtor.

Appears in 1 contract

Sources: Subordination Agreement (National Media Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor until the fullFULL, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt and the termination of the Commitments. The subordinations, agreements, and priorities set forth herein shall remain in full FULL force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate or reform, by litigation or otherwise, its respective agreements with the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Chalone Wine Group LTD)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor Borrower and Subordinated Party until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrower.

Appears in 1 contract

Sources: Subordination Agreement (Cyberdefender Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Company until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and the termination of the CommitmentsObligations. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Companies.

Appears in 1 contract

Sources: Securities Purchase Agreement (Olympus Pacific Minerals Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Credit Parties and the Subordinated Creditor until the full, final and indefeasible payment in cash, and the full and final performance, of the Senior Debt and is Discharged, or until the termination of the CommitmentsSubordinated Debt is paid in full. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the BorrowerCredit Parties.

Appears in 1 contract

Sources: Subordination Agreement (Growlife, Inc.)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor Holdings until the full, final payment and indefeasible payment performance in cash, and the full and final performance, of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the BorrowerDebtor.

Appears in 1 contract

Sources: Subordination Agreement (National Media Corp)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each CPI Party until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and the termination of the CommitmentsDebt. The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother CPI Parties.

Appears in 1 contract

Sources: Intercreditor Agreement (Communications & Power Industries Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor each Obligor until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash of the Senior Debt and (or the termination of the Commitmentscollateralization thereof in a manner reasonably satisfactory to Collateral Agent). The subordinations, agreements, and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate terminate, or reform, by litigation or otherwise, its respective agreements with the Borrowerother Obligor.

Appears in 1 contract

Sources: Intercompany Subordination Agreement (Elgar Holdings Inc)

Continuing Agreement. This Agreement is a continuing agreement of subordination and shall continue in effect and be binding upon the Creditor Trustee and each Senior Secured Note holder until the full, final payment and indefeasible payment performance in cash, and the full and final performance, in cash or Cash Equivalents of the Senior Debt Credit Agreement Obligations and the termination of the CommitmentsCommitment. The subordinations, agreements, agreements and priorities set forth herein shall remain in full force and effect regardless of whether any party hereto in the future seeks to rescind, amend, terminate or reform, by litigation or otherwise, its respective agreements with the Issuer or any other Borrower.

Appears in 1 contract

Sources: Intercreditor and Subordination Agreement (Sports Club Co Inc)