Common use of Actions Upon Breach Clause in Contracts

Actions Upon Breach. Should any Second Priority Representative or any Second Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any Senior Representative or other Senior Secured Party (in its or their own name or in the name of any Obligor) or the Obligors may obtain relief against such Second Priority Representative or such Second Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Representatives or any Second Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that any Obligor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Priority Debt Junior Secured Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, the Designated Senior Representative or any other Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Borrower or any Obligorother Grantor) or the Obligors Borrower may obtain relief against such Second Priority Junior Representative or such Second Priority Debt Junior Secured Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Priority Debt Junior Secured Party under its Second Priority Junior Debt Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Priority Debt Junior Secured Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Borrower, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by the Designated Senior Representative, any other Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Junior Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Borrower or any Obligorother Grantor) or the Obligors may obtain relief against such Second Priority Junior Representative or such Second Junior Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Debt Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Junior Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Borrower, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Representative or any Second Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Company or any Obligorother Grantor) or the Obligors may obtain relief against such Second Priority Representative or such Second Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Facility, hereby (ia) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Party Representatives or any Second Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Company, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (iib) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Priority Debt Junior Secured Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, the Designated Senior Representative or any other Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Company or any Obligorother Grantor) or the Obligors Company may obtain relief against such Second Priority Junior Representative or such Second Priority Debt Junior Secured Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Priority Debt Junior Secured Party under its Second Priority Junior Debt Facility, hereby (ia) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Priority Debt Junior Secured Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Company, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (iib) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by the Designated Senior Representative, any other Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Priority Junior Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Borrower or any Obligorother Grantor) or the Obligors Borrower may obtain relief against such Second Priority Junior Representative or such Second Priority Junior Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Priority Junior Debt Party under its Second Priority Junior Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Priority Junior Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Borrower, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Representative or any Second Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any the Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Company or any Obligorother Grantor) or the Obligors may obtain relief against such Second Priority Representative or such Second Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, hereby (ia) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Representatives or any Second Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Company, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (iib) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any the Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Junior Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Company or any Obligorother Grantor) or the Obligors may obtain relief against such Second Priority Junior Representative or such Second Junior Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Debt Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Junior Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Company, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Priority Debt Junior Secured Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, the Designated Senior Representative or any other Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Borrower or any Obligorother Grantor) or the Obligors Borrower may obtain relief against such Second Priority Junior Representative or such Second Priority Debt Junior Secured Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Priority Debt Junior Secured Party under its Second Priority FacilityJunior Debt Documents, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Priority Debt Junior Secured Party may at that time be difficult to ascertain and may be irreparable and waives any defense that a Borrower, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by the Designated Senior Representative, any other Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Junior Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Borrowers or any Obligorother Grantor) or the Obligors may obtain relief against such Second Priority Junior Representative or such Second Junior Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Debt Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Junior Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Borrowers, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second the Junior Priority Representative or any Second Priority Debt Junior Lien Secured Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any the Senior Representative or any other Senior Secured Party (in its or their own name or in the name of the Borrower or any Obligorother Grantor) or the Obligors Borrower may obtain seek relief against such Second the Junior Priority Representative or such Second Priority Debt Junior Lien Secured Party by injunction, specific performance or other appropriate equitable relief. Each Second The Junior Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority FacilityJunior Lien Secured Party, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Junior Priority Representatives Representative or any Second Priority Debt Junior Lien Secured Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Borrower, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any the Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Priority Debt Junior Secured Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, the Designated Senior Representative or any other Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Borrowers or any Obligorother Grantor) or the Obligors any Borrower may obtain relief against such Second Priority Junior Representative or such Second Priority Debt Junior Secured Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Priority Debt Junior Secured Party under its Second Priority Junior Debt Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Priority Debt Junior Secured Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Borrower, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by the Designated Senior Representative, any other Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Junior Priority Representative or any Second Junior Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Company or any Obligorother Grantor) or the Obligors Company may obtain relief against such Second Junior Priority Representative or such Second Junior Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Junior Priority Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Junior Priority Representatives or any Second Junior Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Company, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Representative or any Second Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Company or any Obligorother Grantor) or the Obligors may obtain relief against such Second Priority Representative or such Second Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Representatives or any Second Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Company, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Junior Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any the Senior Representative or other Senior Secured Party (in its or their own name or in the name of Holdings or any Obligorother Grantor) or the Obligors may obtain relief against such Second Priority Junior Representative or such Second Junior Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Debt Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Junior Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that Holdings, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any the Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority the Junior Lien Representative or any Second Priority Debt other Junior Lien Secured Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any the Senior Lien Representative or any other Senior Lien Secured Party (in its or their own name or in the name of any ObligorGrantor) or the Obligors may obtain relief against such Second Priority the Junior Lien Representative or such Second Priority Debt other Junior Lien Secured Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority The Junior Lien Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Facilityother Junior Lien Secured Party, hereby (i) agrees that the Senior Lien Secured Parties’ damages from the actions of the Second Priority Representatives Junior Lien Representative or any Second Priority Debt other Junior Lien Secured Party may at that time be difficult to ascertain and may be irreparable and waives any defense that any Obligor Grantor or the Senior Lien Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any the Senior Lien Representative or any other Senior Lien Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Priority Debt Junior Secured Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, the Designated Senior Representative or any other Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Borrower or any Obligorother Grantor) or the Obligors Borrower may obtain relief against such Second Priority Junior Representative or such Second Priority Debt Junior Secured Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Priority Debt Junior Secured Party under its Second Priority Junior Debt Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Priority Debt Junior Secured Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Borrower, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by the Designated Senior Representative, any other Senior Representative or any other and Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Junior Priority Debt Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, any Senior Representative or other Senior Secured Party (in its or their own name or in the name of Holdings or any Obligorother Grantor) or the Obligors may obtain relief against such Second Priority Junior Representative or such Second Junior Priority Debt Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Debt Facility, hereby (i) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Junior Priority Debt Party may at that time be difficult to ascertain and may be irreparable and waives any defense that Holdings, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (ii) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by any Senior Representative or any other Senior Secured Party.

Actions Upon Breach. Should any Second Priority Junior Representative or any Second Priority Debt Junior Secured Party, contrary to this Agreement, in any way take, attempt to take or threaten to take any action with respect to the Shared Collateral (including any attempt to realize upon or enforce any remedy with respect to this Agreement) or fail to take any action required by this Agreement, the Designated Senior Representative or any other Senior Representative or other Senior Secured Party (in its or their own name or in the name of the Borrower or any Obligorother Grantor) or the Obligors Borrower may obtain relief against such Second Priority Junior Representative or such Second Priority Debt Junior Secured Party by injunction, specific performance or other appropriate equitable relief. Each Second Priority Junior Representative, on behalf of itself and each Second Priority Debt Junior Secured Party under its Second Priority Junior Debt Facility, hereby (ia) agrees that the Senior Secured Parties’ damages from the actions of the Second Priority Junior Representatives or any Second Priority Debt Junior Secured Party may at that time be difficult to ascertain and may be irreparable and waives any defense that the Borrower, any Obligor other Grantor or the Senior Secured Parties cannot demonstrate damage or be made whole by the awarding of damages and (iib) irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by the Designated Senior Representative, any other Senior Representative or any other Senior Secured Party.