Independent Actions by Creditors. Nothing contained in this Agreement shall prohibit any Creditor from accelerating the maturity of, or demanding payment from the Subsidiary Guarantors on, any Subject Obligation of the Company or the Subsidiary Guarantors, as the case may be, to such Creditor or from instituting legal action against the Company or the Subsidiary Guarantors to obtain a judgment or other legal process in respect of such Subject Obligation, but any funds received from the Subsidiary Guarantors in connection with any recovery under any Subsidiary Agreement (exclusive of recoveries arising from liens or security interests granted to other Creditors and not securing any Subsidiary Agreement) shall be subject to the terms of this Agreement.
Appears in 2 contracts
Samples: Guaranty Agreement (Insituform Technologies Inc), Intercreditor Agreement (Insituform Technologies Inc)
Independent Actions by Creditors. Nothing contained in this Agreement shall prohibit any Creditor from accelerating the maturity of, or demanding payment from the Subsidiary Guarantors on, any Subject Obligation of the Company or the Subsidiary Guarantors, as the case may be, any Obligor to such Creditor or from instituting legal action against the Company any Obligor or the Subsidiary Guarantors Guarantor or to obtain a judgment or other legal process in respect of such Subject Obligation, but any funds received from the Subsidiary Guarantors in connection with any recovery under any Subsidiary Agreement (exclusive of recoveries arising from liens or security interests granted to other Creditors and not securing any Subsidiary Agreement) shall be subject to the terms of this Agreement.
Appears in 2 contracts
Samples: Intercreditor Agreement (Insituform Technologies Inc), Intercreditor Agreement (Insituform Technologies Inc)