Limitations on Rights and Remedies. (a) So long as a Blockage Period is in effect or if Senior Lender has commenced and is diligently pursuing an Enforcement Action, each Junior Creditor hereby agrees, severally and not jointly with the other Junior Creditors, that it shall not exercise any rights or remedies with respect to any Debtor or any Collateral, including, without limitation, the right to (a) enforce any Liens or repossess, sell or otherwise foreclose on any portion of the Collateral, or (b) request any action, institute litigation or other proceedings, give any instructions, make any election, notice account debtors or make collections with respect to any portion of the Collateral; provided, however, that if Debtors or Senior Creditor shall cure the applicable event of default under the Subordinated Debenture Documents prior to the taking of such remedial action by any Junior Creditor, no Junior Creditor will take or continue any remedial action with respect to such event of default after the date of such cure; and, until the Senior Creditor Repayment, any payments, distributions or proceeds resulting from the exercise of any such remedial action received by any Junior Creditor shall be subject to the terms of this Agreement and shall be paid or delivered to Senior Creditor as provided in this Agreement; provided, further, notwithstanding anything to the contrary contained herein, Junior Creditors shall not be prohibited (at any time, with or without notice, even during a Blockage Period or while an Enforcement Action is outstanding) from taking action against the Debtors to (x) collect Permitted Payments described in Section 2(c)(i) including, without limitation, seeking specific performance or taking action against the Borrowers to collect capital stock of the Parent at any time any Debtor is obligated to issue the same to the extent such obligation is a non-cash obligation that would constitute a Permitted Payment under Section 2(c)(i), or (y) seeking specific performance against the Debtors to enforce the provisions of the Subordinated Debenture Documents described on Schedule 3 attached hereto.
(b) To the extent that any Default under the Senior Loan Documents gives rise to a “cross default” under the Subordinated Debenture Documents (a “Junior Cross Default”), the cure or waiver of such Default under the Senior Loan Documents shall be deemed to automatically cure or waive such Junior Cross Default under the Subordinated Debenture Documents. To the extent that any default or e...
Limitations on Rights and Remedies. Neither the Collateral Agent nor any Noteholder shall be entitled to exercise any rights or remedies with respect to the SVB Collateral, including any right to (a) enforce any liens thereon or sell or otherwise foreclose on any portion of the SVB Collateral or (b) request any action, institute proceedings, give any instructions, make any election, give any notice to account debtors or make collections with respect to any portion of the SVB Collateral. The Collateral Agent will execute and deliver any and all releases and other documents that SVB may reasonably request to give effect to any such sale of or foreclosure upon SVB Collateral (subject to the rights of the Collateral Agent and the Noteholders to any SVB Collateral or proceeds thereof if such sale or foreclosure shall result in a termination of this Agreement pursuant to Section 4.4 hereof).
Limitations on Rights and Remedies. (a) Until all First Lien Obligations have been indefeasibly paid in full in cash and satisfied, the Second Lien Secured Party shall not be entitled to exercise any rights or remedies with respect to the Second Priority Liens or the Collateral, including without limitation the right to (A) enforce any Second Priority Liens or sell or otherwise foreclose on any portion of the Collateral or (B) request any action, institute any suit or proceedings, give any instructions, make any election, notice account debtors or make collections with respect to any portion of the Collateral; provided, however, that the Second Lien Secured Party may, with the prior written consent of the Senior Secured Party, which consent shall not be unreasonably withheld, join with the Senior Secured Party in any enforcement, collection, execution, levy or foreclosure proceeding with respect to any Collateral, including, without limitation, petitioning, filing or joining in any involuntary bankruptcy proceeding.
Limitations on Rights and Remedies. (a) Until all First Tier Indebtedness has been paid in full in cash and satisfied and all obligations and commitments under the Senior Credit Documents have expired or been terminated, the Junior Administrative Agent and the Junior Creditors shall not be entitled to (i) exercise any rights or remedies with respect to the Collateral, including without limitation the right to (A) enforce any liens or sell or otherwise foreclose on any portion of the Collateral or (B) request any action, institute proceedings, give any instructions, make any election, notice account debtors or make collections with respect to any portion of the Collateral, or (ii) demand, accept or obtain any lien on any Collateral (except for liens subject to the terms of this Agreement). It is understood and agreed, however, that this Agreement shall in no way limit or affect the rights of the Junior Creditors or the Junior Administrative Agent with respect to an exercise of rights and remedies against Satellite and its Subsidiaries or with respect to collateral pledged by Satellite and its Subsidiaries to secure the loans and obligations owing under the Junior Credit Agreement.
(b) Until the date 91 days after all First Tier Indebtedness has been paid in full in cash and satisfied and the obligations and commitments under the Senior Credit Documents have been terminated, neither the Junior Administrative Agent nor any Junior Creditor shall take any action, directly or indirectly, to initiate, promote or assist in an involuntary bankruptcy or receivership proceeding or receivership in respect of the Company or any of its Domestic Subsidiaries.
Limitations on Rights and Remedies. (a) Until all First Lien Indebtedness has been paid in full in cash (including the cash collateralization of any letter of credit obligations outstanding under the Senior Credit Agreement) and satisfied and all and commitments of the Senior Lenders under the Senior Credit Agreement have been terminated, and except as set forth in Section 2.4, the Second Lien Administrative Agent and the Second Lien Lenders shall not be entitled to (i) exercise any rights or remedies with respect to the Second Priority Liens or the Collateral, including without limitation the right to (A) enforce any Second Priority Liens or sell or otherwise foreclose on any portion of the Collateral or (B) request any action, institute any suit or proceedings, give any instructions, make any election, notice account debtors or make collections with respect to any portion of the Collateral; provided,
Limitations on Rights and Remedies. Neither the Collateral Agent nor any Noteholder shall be entitled to exercise any rights or remedies with respect to the SVB Collateral, including any right to (a) enforce any liens thereon or sell or otherwise foreclose on any portion of the SVB Collateral or
Limitations on Rights and Remedies. Notwithstanding anything herein to the contrary, until the date 91 days after all First Lien Obligations have been fully paid and the Revolving Commitment has been permanently reduced to zero ($0), (a) the First Lien Lenders shall have the exclusive right to direct the Administrative Agent to exercise any rights or remedies hereunder or under any of the other Credit Documents with respect to the Collateral and (b) the SLT Loan Lenders shall not be entitled to exercise (or to direct the Administrative Agent to exercise) any rights or remedies hereunder or under any of the other Credit Documents with respect to the Collateral.
Limitations on Rights and Remedies. 10.1 Professional and City agree that neither of them shall be responsible or liable to the other for the consequences of events that are beyond the reasonable control of the other party including, but not limited to, interference by third parties, changed conditions, labor strikes, fires, thefts or other losses, or acts of God.
10.2 If no environmental assessments are included within the scope of work, the Professional shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances, except prompt notice to Owner upon discovery.
Limitations on Rights and Remedies. 10.1. The Surveyor and the City agree that neither of them shall be responsible or liable to the other for the consequences of events that are beyond the reasonable control of the other party such as the interference by third parties, changed conditions that are not reasonably foreseeable, labor strikes, fires, thefts or other losses, or acts of God.
10.2. The Surveyor shall not be entitled to recover from the City for any indirect, special or consequential damages, injuries or losses sustained as a result of the others’ negligent actions, inactions or omissions under this Agreement or otherwise including, but not limited to, lost profits, lost opportunities, and/or delay damages.
Limitations on Rights and Remedies
