Common use of Exclusive Enforcement Rights Clause in Contracts

Exclusive Enforcement Rights. Until the Discharge of ABL Priority Obligations has occurred, subject to the first proviso to Section 3.1(a)(i), ABL Agent and ABL Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the ABL Priority Collateral without any consultation with or the consent of Term Agent or any Term Loan Claimholder; and (b) until the Discharge of Term Loan Priority Obligations has occurred, subject to the first proviso to Section 3.1(b)(i), Term Agent and Term Loan Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the Term Loan Priority Collateral without any consultation with or the consent of ABL Agent or any ABL Claimholder In connection with any Exercise of Secured Creditor Remedies, each of ABL Agent, ABL Claimholders, Term Agent and Term Loan Claimholders may enforce the provisions of the ABL Loan Documents and Term Loan Documents, as applicable, and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their reasonable 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. (a) Until the Discharge of ABL Priority Revolving Obligations has occurred, subject to the first proviso to Section 3.1(a)(i)whether or not any Insolvency Proceeding has been commenced by or against any Grantor, ABL Revolving Agent and ABL Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the ABL Revolving Priority Collateral without any consultation with or the consent of Term Loan Agent or any Term Loan Claimholder; Claimholder and (b) until the Discharge of Term Loan Priority Obligations has occurred, subject to the first proviso to Section 3.1(b)(i)whether or not any Insolvency Proceeding has been commenced by or against any Grantor, Term Loan Agent and Term Loan Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the Term Loan Priority Collateral without any consultation with or the consent of ABL Revolving Agent or any ABL Claimholder Revolving Claimholder. In connection with any Exercise of Secured Creditor Remedies, each of ABL Term Loan Agent, ABL the Term Loan Claimholders, Term Revolving Agent and Term Loan the Revolving Claimholders may enforce the provisions of the ABL Loan Documents and Term Loan Collateral Documents or Revolving Collateral Documents, as applicable, and exercise rights, powers and remedies thereunder, all in such order and in such manner as they may determine in the exercise of their reasonable sole discretion. Such exercise and enforcement shall include the rights of an agent appointed by them to Dispose of its 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 (a) Subject to Section 3.4, until the Discharge of ABL Priority Revolving Obligations has occurred, subject to whether or not any Insolvency Proceeding has been commenced by or against any Grantor, the first proviso to Section 3.1(a)(i), ABL Revolving Collateral Agent and ABL Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the ABL Revolving Priority Collateral without any consultation con- sultation with or the consent of each Term Agent or any Term Loan Claimholder; Claimholder and (b) until the Discharge of Term Loan Priority Obligations has occurred, subject to the first proviso to Section 3.1(b)(i)whether or not any Insolvency Proceeding has been commenced by or against any Grantor, each Term Agent and Term Loan Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the Term Loan Notes Priority Collateral without any consultation with or the consent of the ABL Revolving Collateral Agent or any ABL Claimholder Revolving Claimholder. In connection with any Exercise of Secured Creditor Remedies, each of the Term Agents and the ABL Agent, ABL Claimholders, Term Revolving Collateral Agent and Term Loan Claimholders may enforce the provisions of the Term Collateral Documents or ABL Loan Documents and Term Loan Revolving Collateral Documents, as applicable, and exercise any and all rights, powers and remedies thereunder, all in such order and in such manner as they may determine in the exercise of their reasonable sole discretion. Such exercise and enforcement shall include the rights of an agent or receiver appointed by them to Dispose of its Collateral, to incur expenses ex- penses in connection with such Disposition, and to exercise all the rights and remedies of a secured creditor credi- tor under applicable law.

Exclusive Enforcement Rights. (a) Until the Discharge of ABL Priority Revolving Obligations has occurred, subject to whether or not any Insolvency Proceeding has been commenced by or against any Grantor, the first proviso to Section 3.1(a)(i), ABL Agent and ABL Claimholders Revolving Collateral AgentLender shall have the exclusive right to exercise any remedies, (including Exercise any Secured Creditor Remedies Remedies) with respect to the ABL Revolving Priority Collateral without any consultation with or the consent of Term the Notes Collateral Agent or any Term Loan Claimholder; Notes Claimholder and (b) until the Discharge of Term Loan Priority Notes Obligations has occurred, subject to whether or not any Insolvency Proceeding has been commenced by or against any Grantor, the first proviso to Section 3.1(b)(i), Term Notes Collateral Agent and Term Loan Claimholders shall have the exclusive right to exercise any remedies, (including Exercise any Secured Creditor Remedies Remedies) with respect to the Term Loan Notes Priority Collateral without any consultation with or the consent of ABL Agent the Revolving Collateral AgentLender or any ABL Claimholder Revolving Claimholder. In connection with any Exercise of Secured Creditor Remedies, each of ABL the Notes Collateral Agent, ABL the Notes Claimholders, Term Agent the Revolving Collateral AgentLender and Term Loan the Revolving Claimholders may enforce the provisions of the ABL Loan Notes Collateral Documents and Term Loan or Revolving Collateral Documents, as applicable, and exercise rights, powers and remedies thereunder, all in such order and in such manner as they may determine in the exercise of their reasonable sole discretion. Such exercise and enforcement shall include the rights of an agent appointed by them to Dispose of its 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. (a) Until the Discharge of ABL Priority Revolving Obligations has occurred, subject to whether or not any Insolvency Proceeding has been commenced by or against any Grantor, the first proviso to Section 3.1(a)(i), ABL Revolving Agent and ABL Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the ABL Revolving Priority Collateral without any consultation with or the consent of Term Notes Collateral Agent or any Term Loan Claimholder; Notes Claimholder and (b) until the Discharge of Term Loan Priority Notes Obligations has occurred, subject to the first proviso to Section 3.1(b)(i)whether or not any Insolvency Proceeding has been commenced by or against any Grantor, Term Notes Collateral Agent and Term Loan Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the Term Loan Notes Priority Collateral without any consultation with or the consent of ABL the Revolving Agent or any ABL Claimholder Revolving Claimholder. In connection with any Exercise of Secured Creditor Remedies, each of ABL Notes Collateral Agent, ABL the Notes Claimholders, Term the Revolving Agent and Term Loan the Revolving Claimholders may enforce the provisions of the ABL Loan Notes Collateral Documents and Term Loan or Revolving Collateral Documents, as applicable, and exercise rights, powers and remedies thereunder, all in such order and in such manner as they may determine in the exercise of their reasonable sole discretion. Such exercise and enforcement shall include the rights of an agent appointed by them to Dispose of its 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. (a) Until the Discharge of ABL Priority Revolving Obligations has occurred, subject to whether or not any Insolvency Proceeding has been commenced by or against any Grantor, the first proviso to Section 3.1(a)(i), ABL Revolving Collateral Agent and ABL Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the ABL Revolving Priority Collateral without any consultation with or the consent of Term Notes Collateral Agent or any Term Loan Claimholder; Notes Claimholder and (b) until the Discharge of Term Loan Priority Notes Obligations has occurred, subject to the first proviso to Section 3.1(b)(i)whether or not any Insolvency Proceeding has been commenced by or against any Grantor, Term Notes Collateral Agent and Term Loan Claimholders shall have the exclusive right to Exercise any Secured Creditor Remedies with respect to the Term Loan Notes Priority Collateral without any consultation with or the consent of ABL the Revolving Collateral Agent or any ABL Claimholder Revolving Claimholder. In connection with any Exercise of Secured Creditor Remedies, each of ABL Notes Collateral Agent, ABL the Notes Claimholders, Term Revolving Collateral Agent and Term Loan the Revolving Claimholders may enforce the provisions of the ABL Loan Notes Collateral Documents and Term Loan or Revolving Collateral Documents, as applicable, and exercise rights, powers and remedies thereunder, all in such order and in such manner as they may determine in the exercise of their reasonable sole discretion. Such exercise and enforcement shall include the rights of an agent appointed by them to Dispose of its Collateral, to incur expenses in connection with such Disposition, and to exercise all the rights and remedies of a secured creditor under applicable law.