Common use of Filing of Motions Clause in Contracts

Filing of Motions. Until the Senior Indebtedness Payment Date has occurred, the Subordinated Holder Representative and the other Subordinated Holders (by their execution of the Subordinated Debenture Purchase Agreement and/or the Indenture and purchase of the Subordinated Debentures thereunder (or otherwise holding or owning any Subordinated Indebtedness)) agree that no Subordinated Holder 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 would breach a provision of this Agreement, including, without limitation, any challenge or contest with respect to the determination of any Liens or claims (including the validity and enforceability thereof) held by the Senior Agent or any other Senior First Priority Secured Party or the value of any claims of such parties under Section 506(a) of the Bankruptcy Code or otherwise; provided that the Subordinated Holder Representative and the Subordinated Holders may file a proof of claim in an Insolvency Proceeding. For the avoidance of doubt, nothing in this Agreement should be construed to prohibit the Subordinated Holder Representative and the Subordinated Holders from pursuing the rights and taking actions and filing motions that other unsecured creditors are generally permitted to pursue or filing and pursuing any Permitted Action or other motion or action to the extent not prohibited by Sections 2.8, 3.2, 4.1, 4.2, and this Section 6.1.

Filing of Motions. Until the Senior Indebtedness Payment Date has occurred, the Subordinated Holder Representative and the other Subordinated Holders (by their execution of the Subordinated Debenture Purchase Agreement and/or the Indenture and purchase of the Subordinated Debentures thereunder (or otherwise holding or owning any Subordinated Indebtedness)) agree that no Subordinated Holder 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 would breach a provision of this Agreement, including, without limitation, any challenge or contest with respect to the determination of any Liens or claims (including the validity and enforceability thereof) held by the Senior Agent or any other Senior First Priority Secured Party or the value of any claims of such parties under Section 506(a) of the Bankruptcy Code or otherwise; provided that the Subordinated Holder Representative and the Subordinated Holders may file a proof of claim in an Insolvency Proceeding. For the avoidance of doubt, nothing in this Agreement should be construed to prohibit the Subordinated Holder Representative and the Subordinated Holders from pursuing the rights and taking actions and filing motions that other unsecured creditors are generally permitted to pursue or filing and pursuing any Permitted Action or other motion or action to the extent not prohibited by Sections 2.8, 3.2, 4.1, 4.2, and this Section 6.1.

Filing of Motions. Until the Senior Indebtedness Obligations Payment Date has occurred, the Subordinated Holder Representative and the other Subordinated Holders (by their execution of the Subordinated Debenture Purchase Agreement and/or the Indenture and purchase of the Subordinated Debentures thereunder (or otherwise holding or owning any Subordinated Indebtedness)) agree Subordinate Creditor agrees that no Subordinated Holder shallit 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 casecase that (a) violates, that or is prohibited by, this Section 5 (or, in the absence of an Insolvency Proceeding, otherwise would breach a provision of violate or be prohibited by this Agreement), including(b) assert any right, without limitationbenefit or privilege that arises in favor of the Subordinate Creditor, any challenge in whole or contest with respect to in part, as a result of its interest in the determination Common Collateral or in the Subordinate Lien (unless the assertion of such right is expressly permitted by this Agreement) or (c) challenges the validity, priority, enforceability or voidability of any Liens or claims (including the validity and enforceability thereof) held by the Senior Agent Representative or any other Senior First Priority Secured Party Creditor, or the value of any extent to which the Senior Obligations constitute secured claims of such parties under Section 506(a) of the Bankruptcy Code or otherwise; provided that the Subordinated Holder Representative and the Subordinated Holders Subordinate Creditor may file a proof of claim in an Insolvency Proceeding. For , subject to the avoidance of doubt, nothing limitations contained in this Agreement should be construed to prohibit and only if consistent with the Subordinated Holder Representative terms and the Subordinated Holders from pursuing limitations on the rights and taking actions and filing motions that other unsecured creditors are generally permitted to pursue or filing and pursuing any Permitted Action or other motion or action to the extent not prohibited by Sections 2.8, 3.2, 4.1, 4.2, and this Section 6.1Subordinate Creditor imposed hereby.