Lender Action. Each Lender and each Issuing Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the 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 Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 are for the sole benefit of the Lenders and the Issuing Lenders and shall not afford any right to, or constitute a defense available to, any Loan Party.
Appears in 12 contracts
Samples: Credit Agreement (B&G Foods, Inc.), Credit Agreement (B&G Foods, Inc.), Credit Agreement (B&G Foods, Inc.)
Lender Action. Each Lender and each the Issuing Lender Bank agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the 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 Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 9.17 are for the sole benefit of the Lenders and the Issuing Lenders Bank and shall not afford any right to, or constitute a defense available to, any Loan Party.
Appears in 9 contracts
Samples: Credit Agreement, Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)
Lender Action. Each Lender and each Issuing Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the Loan Documents (including including, except as set forth in Section 11.8(b), 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 Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 11.21 are for the sole benefit of the Lenders and the Issuing Lenders and shall not afford any right to, or constitute a defense available to, any Loan Party.
Appears in 6 contracts
Samples: Credit Agreement (Clarivate PLC), Incremental Facility Amendment (CLARIVATE PLC), Incremental Facility Amendment (CLARIVATE PLC)
Lender Action. Each Lender and each Issuing Lender Bank agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the 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 Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 10.17 are for the sole benefit of the Lenders and the Issuing Lenders and shall not afford any right to, or constitute a defense available to, any Loan Party.
Appears in 6 contracts
Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)
Lender Action. Each Lender and each Issuing Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the Loan Documents Documents, the Lines of Credit, 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 Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions provision of this Section 9.19 10.19 are for the sole benefit of the Lenders and the Issuing Lenders and shall not afford any right to, or constitute a defense available to, any Loan Party.
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (Time Inc.), Credit Agreement (Time Inc.)
Lender Action. Each Lender and each Issuing Lender agrees that it shall not in its capacity as Lender hereunder take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the 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 Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 9.17 are for the sole benefit of the Lenders and the Issuing Lenders and shall not afford any right to, or constitute a defense available to, any Loan Party.
Appears in 3 contracts
Samples: Credit Agreement (Kate Spade & Co), Credit Agreement (Spectrum Brands, Inc.), Credit Agreement (Spectrum Brands, Inc.)
Lender Action. Each Lender and Other than following an Event of Default under Section 8.01(f), each Issuing Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the 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 Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 10.26 are for the sole benefit of the Lenders and the Issuing Lenders and shall not afford any right to, or constitute a defense available to, any Loan Party.
Appears in 3 contracts
Samples: Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp)
Lender Action. Each Lender and each Issuing Lender agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any a Loan Party or a Subsidiary or any other obligor under any of the 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 Loan PartyParty or such Subsidiary, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 9.17 are for the sole benefit of the Lenders and the Issuing Lenders and shall not afford any right to, or constitute a defense available to, any a Loan PartyParty or a Subsidiary.
Appears in 2 contracts
Samples: Credit Agreement (Smart Sand, Inc.), Abl Credit Agreement (Smart Sand, Inc.)
Lender Action. Each Lender and each Issuing Lender other Secured Party agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the 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 Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 11.19 are for the sole benefit of the Lenders and the Issuing Lenders other Secured Parties and shall not afford any right to, or constitute a defense available to, any Loan Party.
Appears in 2 contracts
Samples: Credit Agreement (Advanced Drainage Systems, Inc.), Credit Agreement (IAA, Inc.)
Lender Action. Each Lender and each Issuing Lender Bank agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the 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 Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 9.17 are for the sole benefit of the Lenders and the Issuing Lenders Banks and shall not afford any right to, or constitute a defense available to, any Loan Party.
Appears in 1 contract
Lender Action. Each Lender and each the Issuing Lender Bank agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the 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 181 otherwise commence any remedial procedures, with respect to any Collateral or any other property of any such Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 9.17 are for the sole benefit of the Lenders and the Issuing Lenders Bank and shall not afford any right to, or constitute a defense available to, any Loan Party.
Appears in 1 contract
Lender Action. Each Lender and each Issuing Lender other Secured Party agrees that it shall not take or institute any actions or proceedings, judicial or otherwise, for any right or remedy against any Loan Party or any other obligor under any of the 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 Loan Party, unless expressly provided for herein or in any other Loan Document, without the prior written consent of the Administrative Agent. The provisions of this Section 9.19 11.19 are for the sole benefit of the Lenders and the Issuing Lenders other Secured Parties and shall not afford any right to, or constitute a defense available to, any Loan Party. .
Appears in 1 contract