Common use of Exclusive Enforcement Rights Clause in Contracts

Exclusive Enforcement Rights. Until the Discharge of First Lien Priority Obligations has occurred, whether or not any Insolvency Proceeding has been commenced by or against any Grantor, but subject to the first proviso to Section 3.1(a), First Lien Agent and First Lien Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the Collateral without any consultation with or the consent of Second Lien Agent or any Second Lien Claimholder. In connection with any Exercise of Secured Creditor Remedies, as between the First Lien Claimholders and the Second Lien Claimholders, First Lien Agent and First Lien Claimholders may enforce the provisions of the First Lien Debt 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.

Exclusive Enforcement Rights. Until the Discharge Payment in Full of First Lien Priority Obligations Debt has occurred, whether or not any Insolvency Proceeding has been commenced by or against any Grantorthe Debtor, but subject to the first proviso to Section 3.1(a), First Lien Agent Creditor and First Lien Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies take Enforcement Actions with respect to the Collateral without any consultation with or the consent of Second Lien Agent Creditor or any other Second Lien Claimholder. In Subject to Section 3.7, in connection with any Exercise of Secured Creditor Remedies, as between the First Lien Claimholders and the Second Lien ClaimholdersEnforcement Action, First Lien Agent Creditor and the other First Lien Claimholders may enforce the provisions of the First Lien Debt 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.

Exclusive Enforcement Rights. Until the Discharge Payment in Full of First Lien Priority Obligations Debt has occurred, whether or not any Insolvency Proceeding has been commenced by or against any Grantorthe Debtor, but subject to the first proviso to Section 3.1(a), First Lien Agent Creditor and First Lien Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies take Enforcement Actions with respect to the Collateral without any consultation with or the consent of Second Lien Agent Creditors or any other Second Lien Claimholder. In Subject to Section 3.7, in connection with any Exercise of Secured Creditor Remedies, as between the First Lien Claimholders and the Second Lien ClaimholdersEnforcement Action, First Lien Agent Creditor and the other First Lien Claimholders may enforce the provisions of the First Lien Debt 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.

Exclusive Enforcement Rights. Until the Discharge of First Lien Priority Obligations has occurred, whether or not any Insolvency Proceeding has been commenced by or against any Grantor, but subject to expiration of the first proviso to Standstill Period as expressly set forth in Section 3.1(a), First Lien Agent and First Lien Claimholders Creditors shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the Collateral without any consultation with or the consent of Second Lien Collateral Agent or any Second Lien ClaimholderCreditor. In connection with any Exercise of Secured Creditor Remedies, as between the First Lien Claimholders and the Second Lien Claimholders, First Lien Agent and First Lien Claimholders Creditors may enforce the provisions of the First Lien Debt 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.

Exclusive Enforcement Rights. Until the Discharge Payment in Full of First Lien Priority Obligations Debt has occurred, whether or not any Insolvency Proceeding has been commenced by or against any Grantor, but subject to the first proviso to Section 3.1(a), First Lien Agent Section 3.3, and Section 6, the First Lien Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies take Enforcement Actions with respect to the Collateral (other than with respect to the Second Lien DIP Priority Account Collateral) without any consultation with or the consent of Second Lien Agent or any Second Lien Claimholder; provided, however, that the Liens of the Second Lien Agent shall attach to any proceeds (other than any proceeds applied to the First Lien Priority Debt) of any Collateral released or disposed of, subject to the relative priorities set forth in Section 2.1 and the application of proceeds set forth in Section 4.1. In connection with any Exercise of Secured Creditor RemediesEnforcement Action, as between the First Lien Claimholders and the Second Lien Claimholders, First Lien Agent and First Lien Claimholders may enforce the provisions of the First Lien Debt 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.

Exclusive Enforcement Rights. Until the Discharge of First Lien Priority Obligations has occurred, whether or not any Insolvency Proceeding has been commenced by or against any Grantor, but subject to the first proviso to Section 3.1(a), First Lien Agent and First Lien Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the Collateral without any consultation with or the consent of Second Lien Agent or any Second Lien Claimholder. In connection with any Exercise of Secured Creditor Remedies, as between the First Lien Claimholders and the Second Lien Claimholders, First Lien Agent and First Lien Claimholders may enforce the provisions of the First Lien Debt 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.

Exclusive Enforcement Rights. Until the Discharge of First Lien Priority Obligations has occurred, whether or not any Insolvency Proceeding has been commenced by or against any Grantor, but subject to the first proviso to Section 3.1(a), First Lien Agent Lender and First Lien Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the Collateral without any consultation with or the consent of Second Lien Agent Trustee or any Second Lien Claimholder. In connection with any Exercise of Secured Creditor Remedies, as between the First Lien Claimholders and the Second Lien Claimholders, First Lien Agent Lender and First Lien Claimholders may enforce the provisions of the First Lien Debt 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.

Exclusive Enforcement Rights. Until Subject to Section 3.4, until the Discharge of First Lien Priority Obligations has occurred, whether or not any Insolvency Proceeding has been commenced by or against any Grantor, but subject to the first proviso to Section 3.1(a), First Lien Credit Facility Agent and First Lien Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the Collateral without any consultation with or the consent of Second Lien the Notes Collateral Agent or any Second Lien Notes Claimholder. In connection with any Exercise of Secured Creditor Credi- tor Remedies, as between the First Lien Claimholders and the Second Lien Claimholders, First Lien Credit Facility Agent and First Lien Claimholders may enforce the provisions of the First Lien Debt Credit Fa- cility Collateral Documents and exercise any and all rights, powers and remedies thereunder, all in such order and in such manner as they it may determine in the exercise of their its sole discretion. Such exercise and enforcement en- forcement shall include the rights of an agent or receiver appointed by them it 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.

Exclusive Enforcement Rights. Until the Discharge Payment in Full of First Lien Priority Obligations Debt has occurred, whether or not any Insolvency Proceeding has been commenced by or against any Grantor, but the First Lien Claimholders (subject to the first proviso to Section 3.1(a), First Lien Agent and First Lien Claimholders terms of the Pari Passu Intercreditor Agreement) shall have the exclusive right to Exercise any Secured Creditor Remedies take Enforcement Actions with respect to the Collateral without any consultation with or the consent of Second Lien Agent or any Second Lien Claimholder. In connection with any Exercise of Secured Creditor RemediesEnforcement Action, as between the First Lien Claimholders and the Second Lien Claimholders, First Lien Agent and First Lien Claimholders may enforce the provisions of the First Lien Debt 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.