Common use of Filing of Motions Clause in Contracts

Filing of Motions. Until the First Lien Obligations Payment Date has occurred, the Second Lien Agent agrees on behalf of itself and the other Second Lien Secured Parties that no Second Lien Secured Party shall, in or in connection with any Insolvency Proceeding, file any pleadings or motions, take any position at any hearing or proceeding of any nature, or otherwise take any action whatsoever, in each case that (a) violates, or is prohibited by, this Section 6 (or, in the absence of an Insolvency Proceeding, otherwise would violate or be prohibited by this Agreement), (b) asserts any right, benefit or privilege that arises in favor of the Second Lien Agent or Second Lien Secured Parties, in whole or in part, as a result of their Lien or interest in the Common Collateral to the extent in contravention of the terms of this Agreement, or (c) challenges the amount, validity, priority, enforceability or voidability of any Liens or claims held by either First Lien Agent or any other First Lien Secured Party, or the extent to which the First Lien Obligations (other than the Excess First Lien Obligations) constitute secured claims under Section 506(a) of the Bankruptcy Code or otherwise; provided that the Second Lien Agent may take and maintain any Permitted Actions.

Filing of Motions. Until the First Lien Priority Obligations Payment Date has occurred, the Second Lien Agent agrees on behalf of itself and the other Second Lien Secured Parties that no Second Lien Priority Secured Party shallagrees that it shall not, in or in connection with any Insolvency Proceeding, file any pleadings or motions, take any position at any hearing or proceeding of any nature, or otherwise take any action whatsoever, in each case that (a) violates, or is prohibited by, this Section 6 5 (or, in the absence of an Insolvency Proceeding, otherwise would violate or be prohibited by this Agreement), (b) asserts any right, benefit or privilege that arises in favor of the Second Lien Agent Priority Secured Party or Second Lien Priority Secured PartiesParty, in whole or in part, as a result of their Lien or interest in the Common Collateral to or in the extent in contravention Second Priority Lien (unless the assertion of the terms of such right is expressly permitted by this Agreement, ) or (c) challenges the amount, validity, priority, enforceability or voidability of any Liens or claims held by either the First Lien Agent Priority Representative or any other First Lien Priority Secured Party, or the extent to which the First Lien Priority Obligations (other than the Excess First Lien Obligations) constitute secured claims under Section 506(a) of the Bankruptcy Code or otherwise; provided that the Second Lien Agent Priority Secured Party may take file a proof of claim in an Insolvency Proceeding, subject to the limitations contained in this Agreement and maintain any Permitted Actionsonly if consistent with the terms and the limitations on the Second Priority Secured Party imposed hereby.

Filing of Motions. Until the First Discharge of Aimco Lien Obligations Payment Date Indebtedness has occurred, the Second Lien Holdings Agent agrees on behalf of itself and the other Second Lien Secured Parties Holdings Lenders that no Second Lien Secured Party none of them shall, in or in connection with any Insolvency ProceedingProceeding relative to any Obligor, file any pleadings or motions, take any position at any hearing or proceeding of any nature, or otherwise take any action whatsoever, in each case that (a) violates, or is prohibited by, this Section 6 3 (or, in the absence of an Insolvency Proceeding, otherwise would violate or be prohibited by this Agreement), (b) asserts any right, benefit or privilege that arises in favor of the Second Lien Holdings Agent or Second Lien Secured Partiesthe Holding Lenders, in whole or in part, as a result of their Lien or interest in the Common Collateral to or in the extent in contravention Lien securing the Holdings Lien Indebtedness (unless the assertion of the terms of such right is expressly permitted by this Agreement, ) or (c) challenges the amount, validity, priority, enforceability or voidability of any Liens or claims held by either First Lien the Aimco Agent or any other First Lien Secured Partythe Aimco Lender, or the extent to which the First Aimco Lien Obligations (other than the Excess First Lien Obligations) constitute Indebtedness constitutes secured claims under Section 506(a) of the Bankruptcy Code or otherwise; provided that the Second Lien Holdings Agent may take file a proof of claim in an Insolvency Proceeding, subject to the limitations contained in this Agreement and maintain any Permitted Actionsonly if consistent with the terms and the limitations on the Holdings Agent imposed hereby.