Common use of Exclusive Enforcement Rights Clause in Contracts

Exclusive Enforcement Rights. Until the Payment in Full of First Lien Priority Debt has occurred, whether or not any Insolvency Proceeding has been commenced by or against the Debtor, but subject to the first proviso to Section 3.1(a), First Lien Creditor and First Lien Claimholders shall have the exclusive right to take Enforcement Actions with respect to the Collateral without any consultation with or the consent of Second Lien Creditor or any other Second Lien Claimholder. Subject to Section 3.7, in connection with any Enforcement Action, First Lien Creditor and the other First Lien Claimholders may enforce the provisions of the First Lien Documents and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretion. Such exercise and enforcement shall include the rights of an agent appointed by them to Dispose of Collateral, to incur expenses in connection with such Disposition, and to exercise all the rights and remedies of a secured creditor under applicable law.

Appears in 3 contracts

Samples: Intercreditor Agreement (Boxlight Corp), Amended and Restated Intercreditor Agreement (Boxlight Corp), Intercreditor Agreement (Boxlight Corp)

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Exclusive Enforcement Rights. Until the Payment in Full Discharge of First Lien Priority Debt Obligations has occurred, whether or not any Insolvency Proceeding has been commenced by or against the Debtorany Grantor, but subject to expiration of the first proviso to Standstill Period as expressly set forth in Section 3.1(a), First Lien Creditor Agent and First Lien Claimholders Creditors shall have the exclusive right to take Enforcement Actions Exercise any Secured Creditor Remedies with respect to the Collateral without any consultation with or the consent of Collateral Agent or any Second Lien Creditor or any other Second Lien ClaimholderCreditor. Subject to Section 3.7, in In connection with any Enforcement ActionExercise of Secured Creditor Remedies, First Lien Creditor Agent and the other First Lien Claimholders Creditors may enforce the provisions of the First Lien Loan Documents and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretion. Such exercise and enforcement shall include the rights of an agent appointed by them to Dispose of Collateral, to incur expenses in connection with such Disposition, and to exercise all the rights and remedies of a secured creditor under applicable law.

Appears in 2 contracts

Samples: Intercreditor Agreement (Interface Security Systems, L.L.C.), Intercreditor Agreement (Interface Security Systems Holdings Inc)

Exclusive Enforcement Rights. Until the Payment in Full of First Lien Priority Debt has occurred, whether or not any Insolvency Proceeding has been commenced by or against the Debtor, but subject to the first proviso to Section 3.1(a), First Lien Creditor and First Lien Claimholders shall have the exclusive right to take Enforcement Actions with respect to the Collateral without any consultation with or the consent of Second Lien Creditor Creditors or any other Second Lien Claimholder. Subject to Section 3.7, in connection with any Enforcement Action, First Lien Creditor and the other First Lien Claimholders may enforce the provisions of the First Lien Documents and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretion. Such exercise and enforcement shall include the rights of an agent appointed by them to Dispose of Collateral, to incur expenses in connection with such Disposition, and to exercise all the rights and remedies of a secured creditor under applicable law.

Appears in 2 contracts

Samples: Fourth Amended and Restated Intercreditor Agreement (Boxlight Corp), Intercreditor Agreement (Boxlight Corp)

Exclusive Enforcement Rights. Until the Payment in Full Discharge of First Lien Priority Debt Obligations has occurred, whether or not any Insolvency Proceeding has been commenced by or against the Debtorany Grantor, but subject to the first proviso to Section 3.1(a), First Lien Creditor Agent and First Lien Claimholders shall have the exclusive right to take Enforcement Actions Exercise any Secured Creditor Remedies with respect to the Collateral without any consultation with or the consent of Second Lien Creditor Agent or any other Second Lien Claimholder. Subject to Section 3.7, in In connection with any Enforcement ActionExercise of Secured Creditor Remedies, First Lien Creditor Agent and the other First Lien Claimholders may enforce the provisions of the First Lien Loan Documents and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretion. Such exercise and enforcement shall include the rights of an agent appointed by them to Dispose of Collateral, to incur expenses in connection with such Disposition, and to exercise all the rights and remedies of a secured creditor under applicable law.

Appears in 1 contract

Samples: Intercreditor Agreement (Starboard Resources, Inc.)

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Exclusive Enforcement Rights. Until the Payment in Full Discharge of First Lien Priority Debt Obligations has occurred, whether or not any Insolvency Proceeding has been commenced by or against the Debtorany Grantor, but subject to the first proviso to Section 3.1(a), First Lien Creditor Lender and First Lien Claimholders shall have the exclusive right to take Enforcement Actions Exercise any Secured Creditor Remedies with respect to the Collateral without any consultation with or the consent of Second Lien Creditor Trustee or any other Second Lien Claimholder. Subject to Section 3.7, in In connection with any Enforcement ActionExercise of Secured Creditor Remedies, First Lien Creditor Lender and the other First Lien Claimholders may enforce the provisions of the First Lien Loan Documents and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretion. Such exercise and enforcement shall include the rights of an agent appointed by them to Dispose of Collateral, to incur expenses in connection with such Disposition, and to exercise all the rights and remedies of a secured creditor under applicable law.

Appears in 1 contract

Samples: Intercreditor Agreement (Platinum Energy Solutions, Inc.)

Exclusive Enforcement Rights. Until the Payment in Full of First Lien Priority Debt has occurred, whether or not any Insolvency Proceeding has been commenced by or against any Grantor, the Debtor, but First Lien Claimholders (subject to the first proviso to Section 3.1(a), First Lien Creditor and First Lien Claimholders terms of the Pari Passu Intercreditor Agreement) shall have the exclusive right to take Enforcement Actions with respect to the Collateral without any consultation with or the consent of Second Lien Creditor or any other Second Lien Claimholder. Subject to Section 3.7, in In connection with any Enforcement Action, First Lien Creditor and the other First Lien Claimholders may enforce the provisions of the First Lien Documents and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretiondiscretion and in each case subject to the terms of the Pari Passu Intercreditor Agreement. Such exercise and enforcement shall include the rights of an agent appointed by them to Dispose of Collateral, to incur expenses in connection with such Disposition, and to exercise all the rights and remedies of a secured creditor under applicable law.

Appears in 1 contract

Samples: Intercreditor Agreement (Nuverra Environmental Solutions, Inc.)

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