No Additional Rights For the Borrower Hereunder. Except as provided in Section 3.09, if any First Lien Secured Party or Second Lien Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the Borrower shall not be entitled to use such violation as a defense, to any action by any First Lien Secured Party or Second Lien Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any First Lien Secured Party or Second Lien Secured Party.
Appears in 2 contracts
Samples: And Collateral Agency Agreement (Quest Resource Corp), Credit Agreement (Quest Energy Partners, L.P.)
No Additional Rights For the Borrower Hereunder. Except as provided in Section 3.093.6, if any First Lien Secured Party or Second Lien Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the Borrower shall not be entitled to use such violation as a defense, to any action by any First Lien Secured Party or Second Lien Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any First Lien Secured Party or Second Lien Secured Party.
Appears in 2 contracts
Samples: Intercreditor Agreement (Quest Resource Corp), Intercreditor Agreement (Quest Energy Partners, L.P.)
No Additional Rights For the Borrower Hereunder. Except as provided in Section 3.093.07, if any First Lien Secured Party or Second Lien Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the Borrower shall not be entitled to use such violation as a defense, defense to any action by any First Lien Secured Party or Second Lien Secured Party, nor or to assert such violation as a counterclaim or basis for set off or recoupment against any First Lien Secured Party or Second Lien Secured Party.
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