Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 18 contracts
Samples: Intercreditor Agreement (Rivian Automotive, Inc. / DE), Intercreditor Agreement, Intercreditor Agreement (Manitowoc Co Inc)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of then unless the First Priority Secured RepresentativeRepresentative shall object in writing, such Loan Party may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 6 contracts
Samples: First Lien Credit Agreement (Hayward Holdings, Inc.), Security Agreement (PQ Group Holdings Inc.), First Lien Credit Agreement (Hayward Holdings, Inc.)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 5 contracts
Samples: Intercreditor Agreement (Lee Enterprises, Inc), Intercreditor Agreement (Lee Enterprises, Inc), Support Agreement (Lee Enterprises, Inc)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party the Borrower or the Common Collateral, such Loan Partythe Borrower, only with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Partythe Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Moneygram International Inc), Intercreditor Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any Enforcement Action or other action or proceeding against any Loan Party or the Common CollateralCollateral in contravention of this Agreement, such Loan Partythe related Grantor, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan PartyGrantor.
Appears in 3 contracts
Samples: Junior Intercreditor Agreement, Junior Intercreditor Agreement (Lee Enterprises, Inc), Intercreditor Agreement (Ami Celebrity Publications, LLC)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party the Borrower or the Common Collateral, such Loan Partythe Borrower, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Partythe Borrower.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Georgia Gulf Corp /De/)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party the Company or the Common Collateral, such Loan Partythe Company, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Partythe Company.
Appears in 2 contracts
Samples: Intercreditor Agreement (Insite Vision Inc), Intercreditor Agreement (Insite Vision Inc)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party the Borrower or the Common Collateral, such Loan Partythe Borrower, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Partythe Borrower.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Universal City Travel Partners)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the First Priority Secured Representative, Party may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 2 contracts
Samples: Intercreditor Agreement (Delta Air Lines Inc /De/), First Lien Security Agreement (Delta Air Lines Inc /De/)
Actions Upon Breach. (a) If any Second Lien Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the Controlling First Lien Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Lien Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 2 contracts
Samples: Intercreditor Agreement (Anywhere Real Estate Group LLC), Intercreditor Agreement (Realogy Holdings Corp.)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or the basis for an equitable or legal claim, or a dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 1 contract
Samples: Intercreditor Agreement (Lions Gate Entertainment Corp /Cn/)
Actions Upon Breach. (a) If any the Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Credit Party or the Common Collateral, such Loan Credit Party, with the prior written consent of the First Priority Secured RepresentativeAgent, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Credit Party.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Mirant North America, LLC)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the First Priority Secured RepresentativeRepresentative and solely in the name of the First Priority Secured Parties and not on its own behalf, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Partyname.
Appears in 1 contract
Actions Upon Breach. (ai) If any Second First Lien Junior Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the Controlling First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Lien Senior Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Domus Holdings Corp)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Credit Party or the Common Collateral, the Administrative Borrower or such Loan other Credit Party, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of the Administrative Borrower or such Loan other Credit Party.
Appears in 1 contract
Samples: Intercreditor Agreement (Tousa Inc)
Actions Upon Breach. (a) If any Second First Lien Junior Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Lien Senior Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 1 contract
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or with respect to the Common Collateral, such Loan Party, with the prior written consent of the First Priority Secured RepresentativeCreditors, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party Creditor may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 1 contract
Actions Upon Breach. (a) If any Second Junior Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 1 contract
Samples: Intercreditor Agreement (Commercial Vehicle Group, Inc.)
Actions Upon Breach. (a) If With respect to each Type of Common Collateral, if any Second Priority Secured Party, contrary to this Agreement, Party commences or participates in any action or proceeding against any Loan Party or in respect of the such Common CollateralCollateral contrary to this Agreement, such Loan Party, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 1 contract
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, Party commences or participates in any Enforcement Action or other action or proceeding against any in violation of this Agreement, then the Borrower or such other Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the First Priority Secured Representative, (as applicable) may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of the Borrower or such other Loan PartyParty (as applicable).
Appears in 1 contract
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, then unless the First Priority Representative shall object in writing, such Loan Party, with the prior written consent of the First Priority Secured Representativeas applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party, as applicable.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Babcock & Wilcox Enterprises, Inc.)
Actions Upon Breach. (a) If any Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against the Borrower or any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Partyname.
Appears in 1 contract
Samples: Intercreditor Agreement (Logan's Roadhouse of Kansas, Inc.)
Actions Upon Breach. (a) If any Second Third Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party or the Common Collateral, such Loan Party, with the prior written consent of the First Second Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Second Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Party.
Appears in 1 contract
Samples: Intercreditor Agreement (Commercial Vehicle Group, Inc.)
Actions Upon Breach. (a) If any the Second Priority Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Loan Party the Borrower or the Common Collateral, such Loan Partythe Borrower, with the prior written consent of notice to the First Priority Secured Representative, may interpose as a defense or dilatory plea the making of this Agreement, and any First Priority Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Loan Partythe Borrower.
Appears in 1 contract