Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.
Appears in 10 contracts
Samples: Credit Agreement (Great Ajax Corp.), Credit Agreement (Mfa Financial, Inc.), First Lien Security Agreement (Walter Investment Management Corp)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 10.21 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 8 contracts
Samples: Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp)
Lender Action. Each Lender agrees that it shall not take or institute any actions action or proceedingsproceeding, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor Loan Parties under any of the Credit Documents Loan Document (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Partyof the Loan Parties, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent and the Collateral Agent. The provisions of this Section 9.17 are for the sole benefit of the Agents and the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Partyof the Loan Parties.
Appears in 7 contracts
Samples: Credit Agreement (Enviva Inc.), Credit Agreement (Enviva Inc.), Credit Agreement (Enviva Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 11.21 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 7 contracts
Samples: Lien Credit Agreement (Powerschool Holdings, Inc.), Credit Agreement (Powerschool Holdings, Inc.), Credit Agreement (Emerald Holding, Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents or any of the Secured Hedge Agreements or other Swap Contracts (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions provision of this Section 9.17 10.20 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 6 contracts
Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents or the Secured Hedge Agreements (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative AgentAgent (which shall not be withheld in contravention of Section 9.04). The provisions provision of this Section 9.17 10.18 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 6 contracts
Samples: Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents or the Secured Hedge Agreements (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative AgentAgent (which shall not be withheld in contravention of Section 9.04(a)). The provisions provision of this Section 9.17 10.19 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 6 contracts
Samples: Credit Agreement (LVB Acquisition, Inc.), Intercreditor Agreement (LVB Acquisition, Inc.), Credit Agreement (LVB Acquisition, Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents or the Secured Hedge Agreements (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative AgentAgent (which shall not be withheld in contravention of Section 9.04). The provisions provision of this Section 9.17 10.19 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 5 contracts
Samples: Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (J Crew Group Inc)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, in each case with respect to any Collateral or any other property of any owned by such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 5 contracts
Samples: Credit Agreement (Rotech Healthcare Inc), Possession Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 10.23 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 5 contracts
Samples: Eleventh Amendment (Anywhere Real Estate Group LLC), Term Loan Agreement (Realogy Group LLC), Guarantee and Collateral Agreement (Realogy Group LLC)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 10.19 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 4 contracts
Samples: Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (JELD-WEN Holding, Inc.), Revolving Credit Agreement (JELD-WEN Holding, Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 11.19 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 4 contracts
Samples: Credit Agreement (Expo Event Holdco, Inc.), Credit Agreement (KAR Auction Services, Inc.), Credit Agreement (KAR Auction Services, Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 12.22 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.
Appears in 4 contracts
Samples: Credit Agreement (Urban One, Inc.), Credit Agreement (Radio One, Inc.), Credit Agreement (Radio One, Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 12.21 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Algoma Steel Group Inc.), Credit Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 9.19 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 2 contracts
Samples: Assignment and Acceptance (Lindblad Expeditions Holdings, Inc.), Credit Agreement (Itc Deltacom Inc)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 12.20 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Lattice Semiconductor Corp), Credit Agreement (Semtech Corp)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 9.15 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Pacific Drilling S.A.), Blocked Account Control Agreement (Community Choice Financial Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 are for the sole benefit of the Lenders and the Agents and shall not afford any right to, or constitute a defense available to, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Endeavour International Corp), Intellectual Property Security Agreement (Endeavour International Corp)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 are for 121 the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 1 contract
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-helpself‑help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 12.19 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 1 contract
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial proceduresprocedures or cause any of the foregoing (through Affiliates or otherwise), with respect to any Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 10.8 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.
Appears in 1 contract
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s 's lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 12.22 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Urban One, Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-helpself‑help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 12.19 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.. 12.20
Appears in 1 contract
Samples: www.sec.gov
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial proceduresprocedures or cause any of the foregoing (through Affiliates or otherwise), with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 11.19 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 1 contract
Samples: Credit Agreement (PHC Inc /Ma/)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section Section 9.17 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (PennyMac Financial Services, Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 12.22 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.. 138
Appears in 1 contract
Samples: Credit Agreement (Urban One, Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 13.23 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.. * * * 114
Appears in 1 contract
Samples: Credit Agreement (Radio One, Inc.)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Partythe Borrower or its Restricted Subsidiaries, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 12.21 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.
Appears in 1 contract
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Loan Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 are for 119 the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 1 contract
Samples: Credit Agreement (Alpharma Inc)
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Party or any other obligor under any of the Credit Documents (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any 134 Collateral or any other property of any such Credit Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.17 10.24 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Party.. 135
Appears in 1 contract
Lender Action. Each Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Credit Loan Party or any other obligor under any of the Credit Documents Loan Documents, the Secured Hedge Agreements or the Treasury Services Agreements (including the exercise of any right of setoff, rights on account of any banker’s lien or similar claim or other rights of self-help), or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Credit Loan Party, unless expressly provided for herein or in any other Credit Document, without the prior written consent of the Administrative Agent. The provisions provision of this Section 9.17 10.19 are for the sole benefit of the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 1 contract
Samples: Credit Agreement (Meredith Corp)
