Common use of Liens Subordinate Clause in Contracts

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without the prior written consent of Lender, Guarantor shall not (a) exercise or enforce any creditor’s right it may have against Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower held by Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s 's assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s 's assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without After the occurrence and during the continuance of an Event of Default and without the prior written consent of Lender, Guarantor shall not (ai) exercise or enforce any creditor’s 's right it may have against Borrower, or (bii) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s 's relief or insolvency proceeding) to enforce any liens, mortgagesmortgage, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower held by Guarantor.

Liens Subordinate. Each Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon any Borrower’s assets securing payment of the any Guarantor Claims Claim shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon such Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of such Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without the prior written consent of LenderLender as long as the Debt is outstanding, no Guarantor shall not (a) exercise or enforce any creditor’s right it may have against any Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including including, without limitation limitation, the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of any Borrower held by any Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without Until ninety one (91) days after the Obligations shall have been paid in full and the Guaranteed Obligations fully satisfied, without the prior written consent of Lender, Guarantor shall not (a) exercise or enforce any creditor’s right it may have against Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower held by Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without Until the Debt shall have been fully paid and the Guaranteed Obligations fully satisfied or this Guaranty is otherwise released, without the prior written consent of Lender, Guarantor shall not (ai) exercise or enforce any creditor’s right it may have against Borrower, or (bii) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower held by Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon either Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon such Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without Until ninety one (91) days after the Obligations shall have been paid in full and the Guaranteed Obligations fully satisfied, without the prior written consent of Lender, Guarantor shall not (a) exercise or enforce any creditor’s right it may have against either Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of either Borrower held by Guarantor.

Liens Subordinate. Each Guarantor agrees that any liensLiens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liensLiens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor such Guarantor, the Global Administrative Agent or the Lender (or Servicer or Collateral Agent for the benefit of the Lenders) Parties presently exist or are hereafter created or attach. Without the prior written consent of Lenderthe Required Lenders, no Guarantor shall not (a) exercise or enforce any creditor’s right it may have against the Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings proceeding (judicial or otherwise, including without limitation the commencement of, of or joinder in, in any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liensLien, mortgages, deeds of trust, security interestsinterest, collateral rights, judgments or other encumbrances on assets of Borrower held by any Guarantor.

Liens Subordinate. The Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s any Borrowers’ assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s such Borrowers’ assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of the Guarantor or Lender (or Servicer or Collateral the Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without Until ninety one (91) days after the Obligations shall have been paid in full and the Guaranteed Obligations fully satisfied, without the prior written consent of Lenderthe Agent, the Guarantor shall not (a) exercise or enforce any creditor’s right it may have against any Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of any Borrower held by the Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without the prior written consent of Lender, Guarantor shall not not, prior to the payment in full of the Loan (a) exercise or enforce any creditor’s right it may have against Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower held by Guarantor.

Liens Subordinate. Each Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon any Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon such Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of any Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without the prior written consent of LenderLender as long as the Debt is outstanding, no Guarantor shall not (a) exercise or enforce any creditor’s right it may have against any Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including including, without limitation limitation, the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of any Borrower held by any Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s 's assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s 's assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (Agent or Servicer or Collateral Agent for the benefit of the Lenders) Lenders presently exist or are hereafter created or attach. Without Until Lenders have been paid in full, without the prior written consent of LenderAgent, Guarantor shall not (ai) exercise or enforce any creditor’s 's right it may have against Borrower, or (bii) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s 's relief or insolvency proceeding) to enforce any liens, mortgagesmortgage, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower held by Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without the prior written consent of Lender, Guarantor shall not (a) exercise or enforce any creditor’s right it may have against Borrower, except to the extent permitted under Section 4.1 hereof, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower held by Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s or Operating Lessee’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s or Operating Lessee’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without the prior written consent of Lender, Guarantor shall not (ai) exercise or enforce any creditor’s right it may have against BorrowerBorrower or Operating Lessee, or (bii) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgagesmortgage, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower or Operating Lessee held by Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without Until the Debt shall have been fully paid and the Guaranteed Obligations fully satisfied, without the prior written consent of Lender, Guarantor shall not (ai) exercise or enforce any creditor’s right it may have against Borrower, or (bii) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower held by Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s and Property Owner’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s and Property Owner’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without the prior written consent of Lender, Guarantor shall not (ai) exercise or enforce any creditor’s right it may have against BorrowerBorrower or Property Owner, or (bii) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower or Property Owner held by Guarantor.

Liens Subordinate. Each Guarantor agrees that any liensLiens, security interests, judgment liens, charges or other encumbrances upon a Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liensLiens, security interests, judgment liens, charges or other encumbrances upon a Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor such Guarantor, the Global Administrative Agent or the Lender (or Servicer or Collateral Agent for the benefit of the Lenders) Parties presently exist or are hereafter created or attach. Without the prior written consent of Lenderthe Required Lenders, no Guarantor shall not (a) exercise or enforce any creditor’s right it may have against a Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings proceeding (judicial or otherwise, including without limitation the commencement of, of or joinder in, in any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liensLien, mortgages, deeds of trust, security interestsinterest, collateral rights, judgments or other encumbrances on assets of a Borrower held by any Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without During any period in which the Loan remains unsatisfied, Guarantor shall not, without the prior written consent of Lender, Guarantor shall not (a) exercise or enforce any creditor’s right it may have against Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgagesmortgage, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower held by Guarantor.

Liens Subordinate. Each Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s any Borrowers’ assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s such Borrowers’ assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of any Guarantor or Lender (or Servicer or Collateral the Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without Until ninety one (91) days after the Obligations shall have been paid in full and the Guaranteed Obligations fully satisfied, without the prior written consent of Lenderthe Agent, no Guarantor shall not (a) exercise or enforce any creditor’s right it may have against any Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of any Borrower held by such Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Loan Obligations and the Guaranteed Obligations, regardless of whether such liens, security interests, judgment liens, charges or other encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Administrative Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without the prior written consent of LenderAdministrative Agent, Guarantor shall not (ai) exercise or enforce any creditor’s right it may have against Borrower, or (bii) foreclose, repossess, sequester sequester, or otherwise take steps steps, or institute any action or proceedings proceeding (judicial or otherwise, including including, without limitation limitation, the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) ), to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower securing payment of the Guarantor Claims held by Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without During any period in which the Loan remains unsatisfied, guarantor shall not, without the prior written consent of Lender, Guarantor shall not (ai) exercise or enforce any creditor’s right it may have against Borrower, or (bii) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgagesmortgage, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower held by Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s or CEGP’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s or CEGP’s assets securing payment of the Guaranteed ObligationsLiabilities, regardless of whether such encumbrances in favor of Guarantor Guarantor, the Agent or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) Lenders presently exist or are hereafter created or attach. Without the prior written consent of Lenderthe Lenders, Guarantor shall not (a) exercise or enforce any creditor’s right it may have against Borrowerthe Borrower and/or CEGP, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings proceeding (judicial or otherwise, including without limitation the commencement of, of or joinder in, in any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any lienslien, mortgages, deeds of trust, security interestsinterest, collateral rights, judgments or other encumbrances on assets of Borrower or CEGP held by Guarantor.

Liens Subordinate. Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s or any other Loan Party’s assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s or any other Loan Party’s assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without the prior written consent of Lender, Guarantor shall not (a) exercise or enforce any creditor’s right it may have against BorrowerBorrower or any other Loan Party, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interests, collateral rights, judgments or other encumbrances on assets of Borrower or any other Loan Party held by Guarantor.

Liens Subordinate. The Guarantor agrees that any liens, security interests, judgment liens, charges charges, or other encumbrances upon on the Borrower’s assets securing payment of the Guarantor Claims shall will be and remain inferior and subordinate to any liens, security interests, judgment liens, charges charges, or other encumbrances upon on the Borrower’s assets securing payment of the Guaranteed Obligations, Obligations or any portion of the Guaranteed Obligations regardless of whether such encumbrances in favor of the Guarantor or the Lender (or Servicer or Collateral Agent for the benefit of the Lenders) presently exist or are hereafter created or attach. Without the prior written consent of the Lender, the Guarantor shall will not (a) exercise or enforce any creditor’s right rights it may have against Borrower, the Borrower or (b) foreclose, repossess, sequester sequester, or otherwise take steps or institute any action or proceedings (judicial or otherwise, including including, without limitation limitation, the commencement of, of or joinder in, in any liquidation, bankruptcy, rearrangement, debtor’s relief relief, or insolvency proceeding) to enforce any lienslien, mortgagesmortgage, deeds deed of trust, security interestsinterest, collateral rightsright, judgments judgment, or other encumbrances encumbrance on assets any asset of the Borrower held by the Guarantor.

Liens Subordinate. Except as set forth in the Xxxxxx Intercreditor Agreement, Guarantor agrees that any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s Customer's assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any liens, security interests, judgment liens, charges or other encumbrances upon Borrower’s such Customer's assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of a Guarantor or Lender (or Servicer or Collateral Agent for the benefit of the Lenders) Wintrust presently exist or are hereafter created or attachattached. Without the prior written consent of LenderWintrust, or as permitted by the Xxxxxx Loan Documents, no Guarantor shall not (a) exercise or enforce any creditor’s 's right it a Guarantor may have against BorrowerCustomer, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceedings (proceedings, judicial or otherwise, including without limitation the commencement of, or joinder in, any liquidation, bankruptcy, rearrangement, debtor’s 's relief or insolvency proceeding) to enforce any liens, mortgages, deeds of trust, security interestsinterest, collateral rights, judgments or other encumbrances on assets of Borrower Customer held by a Guarantor.