Alternative Enforcement Actions Sample Clauses
The Alternative Enforcement Actions clause outlines the various remedies or actions a party may take if the other party breaches the agreement, aside from traditional litigation. This may include options such as mediation, arbitration, or specific performance, and can also allow for temporary measures like injunctions or restraining orders. By providing these alternatives, the clause offers flexibility in resolving disputes and can help parties avoid lengthy and costly court proceedings, ensuring that breaches are addressed efficiently and effectively.
Alternative Enforcement Actions. After the Security Agent has commenced Enforcement, it shall not accept any subsequent instructions as to Enforcement (save in the case where paragraph (c) of Clause 12.1 (Instructions to enforce) applies) from anyone other than the Instructing Group that instructed it to commence such enforcement of the Transaction Security, regarding any other enforcement of the Transaction Security over or relating to shares or assets directly or indirectly the subject of the enforcement of the Transaction Security which has been commenced (and, for the avoidance of doubt, during any enforcement of the Transaction Security only paragraph (b) of the definition of "Instructing Group" shall be applicable in relation to any instructions given to the Security Agent by the Instructing Group under this Agreement).
Alternative Enforcement Actions. After the Common Security Agent has commenced Enforcement of the Common Transaction Security, it shall not accept (and the Intercreditor Agent shall not deliver to it) any subsequent instructions as to Enforcement (save (i) with respect to any Credit-Specific Transaction Security, (ii) in the case where paragraph (c)(ii) or (d) of Clause 15.2 (Instructions to enforce) applies, (iii) after the Super Senior Discharge Date, where paragraph (d) of Clause 15.2 (Instructions to enforce) had applied or (iv) after the later of the Super Senior Discharge Date and the Rolled Loan Discharge Date, where any of paragraphs (c)(ii) or (c)(iii) of Clause 15.2 (Instructions to enforce) had applied) from anyone other than the Instructing Group that instructed it to commence such enforcement of the Common Transaction Security, regarding any other enforcement of the Common Transaction Security over or relating to shares or assets directly or indirectly the subject of the enforcement of the Common Transaction Security which has been commenced (and, for the avoidance of doubt, during any enforcement of the Common Transaction Security only paragraph (b) of the definition of Instructing Group shall be applicable in relation to any instructions (save with respect to any Credit-Specific Transaction Security) given to the Intercreditor Agent and the Common Security Agent by the Instructing Group under this Agreement).
Alternative Enforcement Actions. (a) After the Security Agent has commenced enforcement of the Transaction Security, it shall not accept any subsequent instructions as to enforcement of the Transaction Security from anyone other than the Instructing Group that instructed it in respect of such enforcement (save in accordance with Clause 11.3 (Enforcement decisions)) regarding any other enforcement over or relating to the Transaction Security directly or indirectly the subject of the enforcement action which has been commenced.
(b) This Clause 11.7 shall not restrict the right of any other Instructing Group to instruct the Security Agent as to enforcement of the Transaction Security that includes any shares or assets which are not directly or indirectly the subject of a prior instruction as to enforcement of the Transaction Security, subject to compliance with the requirements of Clause 11.3 (Enforcement decisions).
Alternative Enforcement Actions. After the Security Agent has commenced an Enforcement of the Transaction Security it shall not accept any subsequent instructions as to Enforcement from anyone other than the Instructing Group that instructed it to take such Enforcement (save in the case where paragraph (b)(ii)(B) of the definition of Instructing Group applies) regarding any other Enforcement over or relating to the Transaction Security directly or indirectly the subject of the Enforcement which has been commenced (in the context of an Enforcement relating to the shares in a company, for example, this paragraph would restrict the giving of any instructions as to Enforcement of the Transaction Security over those shares or to the assets of that company or the shares in or assets of any direct or indirect Subsidiary of that company). This Clause 13.9 shall not restrict the right of any other Instructing Group to instruct the Security Agent as to Enforcement of the Transaction Security that includes any shares or assets which are not directly or indirectly the subject of a prior instruction as to Enforcement, subject to compliance with the requirements of Clause 13.4 (Enforcement Instructions — Consultation Periods).
Alternative Enforcement Actions. (a) After the Security Trustee has received instructions from an Instructing Group pursuant to paragraph (b) of Clause 13.3 (Enforcement Instructions) it shall not accept any subsequent instructions as to Enforcement from anyone other than the Instructing Group that instructed it in respect of such Enforcement (save in the case where the initial instructions were given by the Majority Senior Secured Notes Creditors, and the Majority Super Senior Creditors have subsequently become the Instructing Group) regarding any other Enforcement over or relating to the Transaction Security directly or indirectly the subject of the Enforcement which has been commenced (including, for the avoidance of doubt, in respect of Enforcement relating to the shares in a company, the giving of any instructions as to Enforcement of the Transaction Security over those shares or to the assets of that company or the shares in or assets of any direct or indirect Subsidiary of that company).
(b) This Clause 13.9 shall not restrict the right of the Instructing Group to instruct the Security Trustee as to Enforcement of the Transaction Security that includes any shares or assets which are not directly or indirectly the subject of a prior instruction as to Enforcement, subject to compliance with the requirements of Clause 13.4 (Enforcement Instructions – Consultation Periods).
Alternative Enforcement Actions. After the Security Agent has commenced Enforcement, it shall not accept any subsequent instructions as to Enforcement (save in the case where paragraph (e) of Clause 11.1 (Instructions to enforce) applies) from anyone other than the Instructing Group that instructed it to commence such enforcement of the Transaction Security, regarding any other enforcement of the Transaction Security over or relating to shares or assets directly or indirectly the subject of the enforcement of the Transaction Security which has been commenced (and, for the avoidance of doubt, on or prior to the First Lien Discharge Date concerning any enforcement of the Transaction Security only paragraph (a)(ii) of the definition of Instructing Group shall be applicable in relation to any instructions as to Enforcement given to the Security Agent by the Instructing Group under this Agreement and after the First Lien Discharge Date concerning any enforcement of the Transaction Security only paragraph (b) of the definition of Instructing Group shall be applicable in relation to any instructions as to Enforcement given to the Security Agent by the Instructing Group under this Agreement).
Alternative Enforcement Actions. After the Common Security Agent has commenced Enforcement, it shall not accept any subsequent instructions as to Enforcement (save for instructions as to Enforcement (i) given by the Second Lien Creditors where paragraph (d) of Clause 17.2 (Enforcement Instructions: Priority Creditor Only Transaction Security and Common Transaction Security and Blocking of Unsecured Creditor and Independent Security Creditor Rights) applies, (ii) given by the Senior Subordinated Creditors where paragraph (e) of Clause 17.2 (Enforcement Instructions: Priority Creditor Only Transaction Security and Common Transaction Security and Blocking of Unsecured Creditor and Independent Security Creditor Rights) applies or (iii) given by the Instructing Group in accordance with paragraph (f) of Clause 17.2 (Enforcement Instructions: Priority Creditor Only Transaction Security and Common Transaction Security and Blocking of Unsecured Creditor and Independent Security Creditor Rights)) from anyone other than the Instructing Group that instructed it to commence such Enforcement, regarding any other enforcement of the Transaction Security over or relating to shares or assets directly or indirectly the subject of the enforcement of the Transaction Security which has been commenced.
