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
Sources: Credit Agreement (Great Ajax Corp.), Credit Agreement (Mfa Financial, Inc.), Credit Agreement (Walter Investment Management 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
Sources: 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 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 7 contracts
Sources: 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 (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
Sources: Incremental and Refinancing Amendment (Powerschool Holdings, Inc.), First Lien 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 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 6 contracts
Sources: Credit Agreement (Urban One, Inc.), Credit Agreement (Urban One, Inc.), 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 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
Sources: Credit Agreement (LVB Acquisition, Inc.), Credit 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 (including the exercise of any right of setoffsetoff (except to the extent permitted by Section 10.09), 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 Guaranty or 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 9.15 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 Loan Party.
Appears in 5 contracts
Sources: Credit Agreement (iHeartMedia, Inc.), Credit Agreement (iHeartMedia, Inc.), Credit Agreement
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
Sources: Amendment to Credit Agreement (Anywhere Real Estate Group LLC), Term Loan Agreement (Realogy Group LLC), Term Loan 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, 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
Sources: Term Loan Credit Agreement (Rotech Healthcare Inc), Debt Agreement (Rotech Healthcare Inc), Term Loan 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 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 5 contracts
Sources: Incremental Commitment Agreement and Second Amendment (KAR Auction Services, Inc.), Credit Agreement (Expo Event Holdco, Inc.), Incremental Commitment 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 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
Sources: Amendment No. 3 (JELD-WEN Holding, Inc.), Amendment No. 2 (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 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 3 contracts
Sources: Credit Agreement (Lindblad Expeditions Holdings, Inc.), Revolving Credit Agreement (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 Loan Party or any other obligor under any of the Credit Loan Documents or the Secured Hedge Agreements or the Cash Management 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 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 3 contracts
Sources: Abl Credit Agreement (Utz Brands, Inc.), Credit Agreement (Utz Brands, Inc.), Abl Credit Agreement (Collier Creek Holdings)
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 Loan Documents, the exercise of any right of setoff, rights on account of any banker’s lien Secured Hedge Agreements or similar claim or other rights of self-help)the Treasury Services Agreements, 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 Loan Party (other than with respect to exercise of any right of setoff or filing of any relevant proof of claim in any other Credit Documentbankruptcy court), 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 3 contracts
Sources: Credit Agreement (Avanos Medical, Inc.), Credit Agreement (Halyard Health, Inc.), Credit Agreement (Halyard Health, 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
Sources: Term Loan Credit Agreement (Algoma Steel Group Inc.), Credit Agreement and Subsidiaries Guaranty (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 10.16 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 3 contracts
Sources: Credit Agreement (Hercules Offshore, Inc.), Credit Agreement (Hercules Offshore, Inc.), Credit Agreement (Hercules Offshore, 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
Sources: 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 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
Sources: Credit Agreement (Endeavour International Corp), Credit 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 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 2 contracts
Sources: Term Loan and Guarantee Agreement, Term Loan and Guarantee Agreement (Evercore Partners 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 9.15 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
Sources: Revolving Credit Agreement (Pacific Drilling S.A.), Revolving Credit 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 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 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 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.
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 10.21 are for the sole benefit of Administrative Agent, the Collateral Agent and the Lenders and shall not afford any right to, or constitute a defense available to, any Credit Loan Party.
Appears in 1 contract
Sources: Credit Agreement (Alliance HealthCare 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 '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
Sources: 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 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 Loan Party or any other obligor under any of the Credit Documents Loan Documentation (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 DocumentLoan Documentation, 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
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
Sources: 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 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.
Appears in 1 contract
Sources: Credit Agreement (Radio One, Inc.)