Obligations Hereunder Not Affected. All rights and interests of the Holders and the Trustee hereunder, and all agreements and obligations of the Subordinated Creditors and the Company under this Agreement, shall remain in full force and effect irrespective of: (i) any lack of validity or enforceability of the Indenture, the Notes or the Guarantees, if any; (ii) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to departure from the Indenture; and (iii) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any of the Subordinated Creditors in respect of this Agreement. This Agreement shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Obligations is rescinded or must otherwise be returned by the Trustee upon the insolvency, bankruptcy or reorganization of the Company or otherwise, all as though such payment had not been made.
Appears in 2 contracts
Sources: Indenture (Universal City Development Partners LTD), Subordination Agreement (Universal City Development Partners LTD)
Obligations Hereunder Not Affected. All rights and interests of the Holders and the Trustee hereunder, and all agreements and obligations of the Subordinated Creditors and the Company under this Agreement, shall remain in full force and effect irrespective of:
(i) any lack of validity or enforceability of the Indenture, the Notes Indenture or the Guarantees, if anyNotes;
(ii) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to departure from the Indenture; and
(iii) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any of the Subordinated Creditors in respect of this Agreement. This Agreement shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Obligations is rescinded or must otherwise be returned by the Trustee upon the insolvency, bankruptcy or reorganization of the Company or otherwise, all as though such payment had not been made.
Appears in 2 contracts
Sources: Subordination Agreement (Universal City Travel Partners), Subordination Agreement (Universal City Travel Partners)
Obligations Hereunder Not Affected. All rights and interests of the Holders Administrative Agent and the Trustee Lenders hereunder, and all agreements and obligations of the Subordinated Creditors Creditor and the Company under this Agreement, shall remain in full force and effect irrespective of:
(i) any lack of validity or enforceability of the Indenture, the Notes or the Guarantees, if any;
(ii) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Indenture; andCredit Agreement, the Loan Papers or the Notes, including, without limitation, any increase in the Obligations resulting from the extension of additional credit to the Company or otherwise;
(iii) any other circumstance that might otherwise constitute a defense available totaking, release or a discharge ofamendment or waiver of or consent to departure from any guaranty, for all or any of the Subordinated Creditors in respect Obligations; or
(iv) any change, restructuring or termination of this Agreementthe corporate structure or existence of the Company or its Subsidiaries. This Agreement shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Obligations is rescinded or must otherwise be returned by the Trustee Administrative Agent or any Lender upon the insolvency, bankruptcy or reorganization of the Company or otherwise, all as though such payment had not been made.
Appears in 1 contract
Sources: Credit Agreement (Franchise Finance Corp of America)
Obligations Hereunder Not Affected. All rights and interests of the Holders and the Trustee Bank hereunder, and all agreements and obligations of the Subordinated Creditors ▇▇▇▇▇▇▇▇ and the Company Borrower under this Agreement, shall remain in full force and effect irrespective of:
(i) any lack of validity or enforceability of the IndentureCredit Agreement, the Notes issued thereunder, or the Guarantees, if anyof any other agreement or instrument relating thereto;
(ii) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment amendments or waiver of or any consent to departure from the Indenture; andNotes or the Credit Agreement;
(iii) any exchange, release or non perfection of any collateral given under the Credit Agreement; or
(iv) any other circumstance that circumstances which might otherwise constitute a defense available to, or a discharge of, any of the Subordinated Creditors Borrower in respect of this Agreementthe Secured Obligations. This Agreement shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Secured Obligations is rescinded or must otherwise be returned by the Trustee Bank upon the insolvency, bankruptcy or reorganization of the Company Borrower or otherwise, all as though such payment had not been made.
Appears in 1 contract