No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if any ABL Secured Party or Term Loan Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Secured Party.
Appears in 9 contracts
Samples: Intercreditor Agreement (SMG Industries Inc.), Intercreditor Agreement (Franchise Group, Inc.), Intercreditor Agreement (Tetra Technologies Inc)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if If any ABL Secured Party or Term Loan Second Lien Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no the Loan Party Parties shall not be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Second Lien Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Second Lien Secured Party.
Appears in 7 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Sears Holdings Corp), Intercreditor Agreement (Sears Holdings Corp)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if If any ABL Secured Party or Term Loan Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no the Loan Party Parties shall not be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Secured Party.
Appears in 6 contracts
Samples: Intercreditor Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof3.6, if any ABL Secured Party or Term Loan Shared Collateral Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no the Loan Party Parties shall not be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Shared Collateral Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Shared Collateral Secured Party.
Appears in 6 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Toys R Us Inc), Intercreditor Agreement (Toys R Us Inc)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof3.6, if any ABL Secured Party or Term Loan Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no the Loan Party Parties shall not be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Secured Party.
Appears in 4 contracts
Samples: Intercreditor Agreement (Overseas Shipholding Group Inc), Intercreditor Agreement (Overseas Shipholding Group Inc), Intercreditor Agreement (Container Store Group, Inc.)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if any ABL Secured Party or Term Loan Note Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Note Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Note Secured Party.
Appears in 2 contracts
Samples: Intercreditor Agreement (Easton-Bell Sports, Inc.), Pledge and Security Agreement (Easton-Bell Sports, Inc.)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof3.6, if any ABL Secured Party or Term Loan Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Secured Party.
Appears in 2 contracts
Samples: Intercreditor Agreement (CDW Finance Corp), Intercreditor Agreement (CDW Corp)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if any ABL Secured Party or Term Loan Note and Specified Hedge Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Note and Specified Hedge Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Note and Specified Hedge Secured Party.
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No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if any ABL Secured Party or Term Loan Notes Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Notes Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Notes Secured Party.
Appears in 1 contract
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereofor as expressly set forth in the ABL Facility Documentation or Term Facility Documentation, if any ABL Secured Party or Term Loan Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no the Loan Party Parties shall not be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Secured Party.
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No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if any ABL Secured Party or [Term Loan Loan] Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or [Term Loan Loan] Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or [Term Loan Loan] Secured Party.
Appears in 1 contract
Samples: Joinder Agreement (TimkenSteel Corp)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if any ABL Secured Party or Term Loan Fixed Asset Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Fixed Asset Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Fixed Asset Secured Party.
Appears in 1 contract
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 3.7 hereof, if any ABL Secured Party or Term Loan Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Secured Party.
Appears in 1 contract
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if any ABL Secured Party or Term Loan Debt Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Debt Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Debt Secured Party.
Appears in 1 contract
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if any ABL Secured Party or Term Loan Non-ABL Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Non-ABL Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Non-ABL Secured Party.
Appears in 1 contract
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if If any ABL Secured Party or Term Loan Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Secured PartyParty (unless and to the extent such violation also violates the ABL Documents or Term Documents, as the case may be).
Appears in 1 contract
Samples: Intercreditor Agreement (Noranda Aluminum Holding CORP)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof3.6, if the ABL Lender or any ABL Secured Party or Term Loan Indenture Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by the ABL Lender or any ABL Secured Party or Term Loan Indenture Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against the ABL Lender or any ABL Secured Party or Term Loan Indenture Secured Party.
Appears in 1 contract
Samples: Intercreditor Agreement (SAExploration Holdings, Inc.)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 hereof, if any ABL Secured Party or Term Loan Debt Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Debt Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Debt Secured Party.
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No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6 3.8 hereof, if any ABL Secured Party or Term Loan Notes Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Notes Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Notes Secured Party.. 3.8
Appears in 1 contract
Samples: 341 Intercreditor Agreement Intercreditor Agreement (Daktronics Inc /Sd/)
No Additional Rights For the Loan Parties Hereunder. Except as provided in Section Section 3.6 hereof, if any ABL Secured Party or Term Loan Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, no Loan Party shall be entitled to use such violation as a defense to any action by any ABL Secured Party or Term Loan Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any ABL Secured Party or Term Loan Secured Party.
Appears in 1 contract
