MANNER OF ENFORCEMENT - INSTRUCTIONS OF MAJORITY SENIOR CREDITORS Sample Clauses

MANNER OF ENFORCEMENT - INSTRUCTIONS OF MAJORITY SENIOR CREDITORS. Prior to the Senior Discharge Date, if the Majority Senior Creditors (or, prior to the Junior Discharge Date, the Majority Junior Creditors if entitled to do so in accordance with the provisions of this Agreement), do instruct the Security Trustee to enforce the security conferred by the Security Documents, it shall do so (assuming the same to be enforceable) in such manner as the Majority Senior Creditors shall instruct, having regard to the interests of the Junior Creditors save where to do so could, in the opinion of the Security Trustee or the Senior Creditors (as the case may be), materially adversely affect the interests of the Senior Creditors (PROVIDED THAT the instructions of the Majority Senior Creditors are not seeking to restrain the Security Trustee from taking some action in accordance with instructions properly given to it by the Majority Junior Creditors in accordance with provisions of this Agreement permitting such instructions to be given) or, in the absence of such instructions, as it sees fit and, subject as required by applicable law and by Clause 16.5, solely having regard to the interests of the Senior Creditors and the interests of the Junior Creditors save where to do so could, in the opinion of the Security Trustee or the Senior Creditors (as the case may be), materially adversely affect the interests of the Senior Creditors. No Senior Creditor shall be responsible to the Junior Creditors (or any of the Subordinated Investors or Obligors) for any failure to enforce or (except in the case of the Security Trustee to the extent specified in Clause 16.5 or required by applicable law) to maximise the proceeds of any enforcement, and the Security Trustee, subject to any contrary instructions of the Majority Senior Creditors and without prejudice to the duties of the Security Trustee and Senior Creditors arising by operation of law, may cease any such enforcement at any time.
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Related to MANNER OF ENFORCEMENT - INSTRUCTIONS OF MAJORITY SENIOR CREDITORS

  • Enforcement of Settlement Agreement 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and 11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement. The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.

  • Enforcement of the Agreement The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereto, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Credit Agreement; Guarantee and Collateral Agreement The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

  • Amendment of the Credit Agreement Effective as of the Amendment Effective Date, the Credit Agreement is hereby amended as follows: (a) The following definitions are added in the appropriate alphabetical order to Section 1.01 of the Credit Agreement:

  • Appointment of the Agents (A) Each other Finance Party (other than the relevant Agent) appoints each Agent to act in that capacity under and in connection with the Finance Documents. (B) Each other Finance Party authorises each Agent to exercise the rights, powers, authorities and discretions specifically given to that Agent under or in connection with the Finance Documents together with any other incidental rights, powers, authorities and discretions.

  • Appointment of the Agent (a) Each other Finance Party appoints the Agent to act as its agent under and in connection with the Finance Documents. (b) Each other Finance Party authorises the Agent to exercise the rights, powers, authorities and discretions specifically given to the Agent under or in connection with the Finance Documents together with any other incidental rights, powers, authorities and discretions.

  • Credit Agreement Governs Except as set forth in this Agreement, the New Term Loans shall otherwise be subject to the provisions of the Credit Agreement and the other Credit Documents.

  • Designation of the Trust, the Notes, the Funding Agreement and the Guarantee The Trust created by the Trust Agreement and referred to in the Indenture is the Principal Life Income Fundings Trust specified in the Omnibus Instrument. The Notes issued by the Trust and governed by the Indenture shall be the Notes specified in the Pricing Supplement. The Funding Agreement designated hereby is the Funding Agreement designated in the Pricing Supplement dated as of the Original Issue Date between the Trust and Principal Life. The Guarantee designated hereby is the Guarantee dated as of the Original Issue Date of PFG.

  • Credit Agreement and Notes This Agreement and the Notes executed by each party thereto;

  • Appointment of the Transfer Agent The Company hereby appoints the Transfer Agent, as transfer agent for its shares and as shareholder servicing agent for the Company, and the Transfer Agent accepts such appointment and agrees to perform the duties set forth below.

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