Collateral Access Rights. (a) The ABL Agent and each First Lien Agent agree not to commence Enforcement or Going Out of Business Sale until an Enforcement Notice has been given to the other Agents. Subject to the provisions of Sections 3.01 and 3.02, any Agent may join in any judicial proceedings commenced by any other Agent to enforce Liens on the Collateral, provided that neither Agent, nor the other ABL Claimholders or the other First Lien Claimholders, as applicable, shall interfere with the Enforcement actions of the other with respect to Collateral in which such party has the priority Lien in accordance with Section 2.01 and Section 2.02.
Appears in 5 contracts
Samples: Credit Agreement (Claires Stores Inc), Intercreditor Agreement (Claires Stores Inc), Intercreditor Agreement (Claires Stores Inc)
Collateral Access Rights. (a) The ABL Agent and each First Lien Agent agree not to commence Enforcement or Going Out of Business Sale until an Enforcement Notice has been given to the other Agents. Subject to the provisions of Sections 3.01 3.1 and 3.023.2, any Agent may join in any judicial proceedings commenced by any other Agent to enforce Liens on the Collateral, provided that neither Agent, nor the other ABL Claimholders or the other First Lien Claimholders, as applicable, shall interfere with the Enforcement actions of the other with respect to Collateral in which such party has the priority Lien in accordance with Section 2.01 2.1 and Section 2.022.2.
Appears in 2 contracts
Samples: Intercreditor Agreement (Claires Stores Inc), Intercreditor Agreement (Campbell Alliance Group Inc)
Collateral Access Rights. (a) The ABL Agent and each First Lien the Notes Agent agree not to commence Enforcement or (including, without limitation, a Going Out of Business Sale Sale) until an Enforcement Notice has been given to the other AgentsAgent. Subject to the provisions of Sections 3.01 3.1 and 3.023.2, any either Agent may join in any judicial proceedings commenced by any the other Agent to enforce Liens on the Collateral, provided that neither Agent, nor the other ABL Claimholders or the other First Lien Note Claimholders, as applicable, shall interfere with the Enforcement actions of the other with respect to Collateral in which such party has the priority Lien in accordance with Section 2.01 2.1 and Section 2.022.2.
Appears in 2 contracts
Samples: Intercreditor Agreement (Tops Markets Ii Corp), Intercreditor Agreement (Tops Holding Corp)
Collateral Access Rights. (a) The ABL Facility Collateral Agent and each First Lien the Senior Secured Notes Agent agree not to commence any Enforcement or Going Out of Business Sale until an Enforcement Notice has been given to the other AgentsAgent. Subject to the provisions of Sections 3.01 3.1 and 3.023.2, any either Agent may join in any judicial proceedings commenced by any the other Agent to enforce Liens on the Collateral, provided that neither Agent, nor the other ABL Claimholders or the other First Lien Senior Secured Note Claimholders, as applicable, shall interfere with the Enforcement actions of the other with respect to Collateral in which such party has the priority Lien in accordance with Section 2.01 2.1 and Section 2.022.2.
Appears in 1 contract
Samples: Intercreditor Agreement (Southeastern Grocers, LLC)
Collateral Access Rights. (a) The ABL Agent and each First Lien Agent agree not to commence Enforcement or Going Out of Business Sale until an Enforcement Notice has been given to the other Agents. Subject to the provisions of Sections 3.01 3.1 and 3.023.2, any Agent may join in any judicial proceedings commenced by any other Agent to enforce Liens on the Collateral, provided that neither no Agent, nor the other ABL Claimholders or the other First Lien Claimholders, as applicable, shall interfere with the Enforcement actions of the other with respect to Collateral in which such party has the priority Lien in accordance with Section 2.01 2.1 and Section 2.022.2.
Appears in 1 contract