Common use of Actions Upon Breach Clause in Contracts

Actions Upon Breach. (a) If any ABL Secured Party or Term Loan 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 ABL Representative or the Term Loan Representative, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or Term Loan Secured Party, as applicable, 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: Intercreditor Agreement (Solaris Energy Infrastructure, Inc.), Intercreditor Agreement (Franchise Group, Inc.), Intercreditor Agreement (Tetra Technologies Inc)

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Actions Upon Breach. (a) If any ABL Secured Party or Term Loan 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 ABL Representative or the Term Loan Representative, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or Term Loan Secured Party, as applicable, 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 (SMG Industries Inc.), Intercreditor Agreement (Global Brass & Copper Holdings, Inc.), Intercreditor Agreement (Winnebago Industries Inc)

Actions Upon Breach. (a) If any ABL Term Loan Secured Party or Term Loan ABL 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 ABL Representative Agent or the Term Loan RepresentativeAgent, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or Term Loan Secured Party, as applicable, 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 (CDW Finance Corp), Intercreditor Agreement (CDW Corp)

Actions Upon Breach. (a) If any ABL Secured Party or Term Loan Note 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 ABL Representative or the Term Loan Note Representative, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or Term Loan Note Secured Party, as applicable, 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 (Easton-Bell Sports, Inc.), Pledge and Security Agreement (Easton-Bell Sports, Inc.)

Actions Upon Breach. (a) If any ABL Secured Party or Term Loan 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 ABL Representative or the Designated Term Loan Representative, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or Term Loan Secured Party, as applicable, 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 (Franchise Group, Inc.)

Actions Upon Breach. (a) If any ABL Secured Party or [Term Loan Loan] 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 ABL Representative or the [Term Loan Loan] Representative, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or [Term Loan Loan] Secured Party, as applicable, 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: Joinder Agreement (TimkenSteel Corp)

Actions Upon Breach. (a) If any ABL Secured Party or Term Loan Non-ABL 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 ABL Representative or the Term Loan Non-ABL Representative, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or Term Loan Non-ABL Secured Party, as applicable, 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: Abl Credit Agreement (Clearwater Paper Corp)

Actions Upon Breach. (a) If the ABL Lender or any ABL Secured Party or Term Loan Indenture 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 ABL Representative Lender or the Term Loan RepresentativeNoteholder Agent, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and the ABL Lender or any ABL Secured Party or Term Loan Indenture Secured Party, as applicable, 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 (SAExploration Holdings, Inc.)

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Actions Upon Breach. (a) If any ABL Secured Party or Term Loan Fixed Asset 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 ABL Representative or the Term Loan RepresentativeCollateral Trustee, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or Term Loan Fixed Asset Secured Party, as applicable, 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 (Winnebago Industries Inc)

Actions Upon Breach. (a) If any ABL Secured Party or Term Loan Debt 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 ABL Representative or the Term Loan Debt Representative, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or Term Loan Debt Secured Party, as applicable, 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 (Smithfield Foods Inc)

Actions Upon Breach. (a) If any ABL Secured Party or Term Loan Note and Specified Hedge 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 ABL Representative or the Term Loan Note and Specified Hedge Representative, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or Term Loan Note and Specified Hedge Secured Party, as applicable, 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 (Northern Tier Retail LLC)

Actions Upon Breach. (a) If any ABL Secured Party or Term Loan Notes 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 ABL Representative or the Term Loan Notes Representative, as applicable, may interpose as a defense or dilatory plea the making of this Agreement, and any ABL Secured Party or Term Loan Notes Secured Party, as applicable, 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 (Us Concrete Inc)

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