No Additional Rights For the Loan Parties Hereunder. If any Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the Loan Parties shall not be entitled to use such violation as a defense to any action by any Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Secured Party.
Appears in 5 contracts
Samples: Aircraft Security Agreement (American Airlines, Inc.), Security Agreement (American Airlines Inc), Credit Agreement (American Airlines Inc)
No Additional Rights For the Loan Parties Hereunder. If any Except as provided in Section 3.6, if a Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any such Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any such Secured Party.
Appears in 3 contracts
Samples: Intercreditor Agreement (SAExploration Holdings, Inc.), Intercreditor Agreement (SAExploration Holdings, Inc.), Intercreditor Agreement (SAExploration Holdings, Inc.)
No Additional Rights For the Loan Parties Hereunder. If Except as provided in Section 3.6, if any Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Secured Party.
Appears in 3 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Tower Automotive, LLC), Intercreditor Agreement (Tower Automotive, LLC)
No Additional Rights For the Loan Parties Hereunder. 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 Loan Parties 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 3 contracts
Samples: Intercreditor Agreement (Rh), Intercreditor Agreement (Rh), Intercreditor Agreement (Sequential Brands Group, Inc.)
No Additional Rights For the Loan Parties Hereunder. If Except as provided in Section 3.6, if any Revolving Facility Secured Party or Term Facility Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Revolving Facility Secured Party or Term Facility Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Revolving Facility Secured Party or Term Facility Secured Party.
Appears in 2 contracts
Samples: Intercreditor Agreement (Fender Musical Instruments Corp), Intercreditor Agreement (Fender Musical Instruments Corp)
No Additional Rights For the Loan Parties Hereunder. If Except as provided in Section 3.6, if any Revolving Secured Party or Term Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the Loan Parties shall not be entitled to use such violation as a defense to any action by any Revolving Secured Party or Term Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Revolving Secured Party or Term Secured Party.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Vista Proppants & Logistics Inc.)
No Additional Rights For the Loan Parties Hereunder. If Except as provided in Section 3.6 hereof, if any Revolving Credit Secured Party or Term Loan Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Revolving Credit Secured Party or Term Loan Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Revolving Credit Secured Party or any Term Loan Secured Party.
Appears in 2 contracts
Samples: Intercreditor Agreement (Vertex Energy Inc.), Intercreditor Agreement (Vertex Energy Inc.)
No Additional Rights For the Loan Parties Hereunder. If Except as provided in Section 5.6, if any Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Secured PartySenior Creditor or Subordinated Creditor, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Secured PartySenior Creditor or Subordinated Creditor.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Hollywood Media Corp), Subordination and Intercreditor Agreement (Hollywood Media Corp)
No Additional Rights For the Loan Parties Hereunder. If Except as provided in Section 5.5, if any Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Secured PartySenior Creditor or Subordinated Creditor, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Secured PartySenior Creditor or Subordinated Creditor.
Appears in 1 contract
Samples: Patent Security Agreement (Virgin Mobile USA, Inc.)
No Additional Rights For the Loan Parties Hereunder. If Except as provided in Section 5.5, if any Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Secured PartySenior Creditor or Subordinated Creditor, nor to assert such violation as a counterclaim or basis for set set-off or recoupment against any Secured PartySenior Creditor or Subordinated Creditor.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Virgin Mobile USA, Inc.)
No Additional Rights For the Loan Parties Hereunder. If Except as provided in Section 3.6 hereof, if any Working Capital Secured Party or Term Loan Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Working Capital Secured Party or Term Loan Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Working Capital Secured Party or Term Loan Secured Party.
Appears in 1 contract
No Additional Rights For the Loan Parties Hereunder. If any Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Secured Party.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Mirant North America, LLC)
No Additional Rights For the Loan Parties Hereunder. If Except as provided in Section 3.6 hereof, if any Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Secured Party.
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Smithfield Foods Inc)
No Additional Rights For the Loan Parties Hereunder. (a) If any Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Secured Party.; and
Appears in 1 contract
Samples: Form of Intercreditor Agreement (Wci Communities Inc)
No Additional Rights For the Loan Parties Hereunder. If Except as provided in Section 4.6, if any Secured Party shall enforce its rights or remedies in violation of the terms of this Agreement, the no Loan Parties Party shall not be entitled to use such violation as a defense to any action by any Secured PartySenior Creditor or Subordinated Creditor, nor to assert such violation as a counterclaim or basis for set off or recoupment against any Secured PartySenior Creditor or Subordinated Creditor.
Appears in 1 contract
