Common use of No Additional Rights For the Loan Parties Hereunder Clause in Contracts

No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6, if any First Priority Secured Party or Second Priority 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 First Priority Secured Party or Second Priority Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any First Priority Secured Party or Second Priority Secured Party; provided, that it is acknowledged by the First Priority Secured Parties and the Second Priority Secured Parties that indemnification by the Loan Parties may be limited to the extent set forth in the First Priority Agreement or the Second Priority Agreement, as the case may be.

Appears in 5 contracts

Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co)

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No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6, if any First Priority Secured Party or Second Priority 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 First Priority Secured Party or Second Priority Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any First Priority Secured Party or Second Priority Secured Party; provided. Nothing in this Agreement is intended to or shall impair the obligations of the Borrower or any other Loan Party, that it is acknowledged by which are absolute and unconditional, to pay the First Priority Secured Parties Obligations and the Second Priority Secured Parties that indemnification by Obligations as and when the Loan Parties may be limited to the extent set forth same shall become due and payable in the First Priority Agreement or the Second Priority Agreement, as the case may beaccordance with their terms.

Appears in 1 contract

Samples: Intercreditor Agreement (Xm Investment LLC)

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No Additional Rights For the Loan Parties Hereunder. Except as provided in Section 3.6, if any First Priority Secured Party or Second Priority 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 First Priority Secured Party or Second Priority Secured Party, nor to assert such violation as a counterclaim or basis for set off or recoupment against any First Priority Secured Party or Second Priority Secured Party; provided, that it is acknowledged by the First Priority Secured Parties and the Second Priority Secured Parties that indemnification by the Loan Parties may be limited to the extent set forth in the First Priority Agreement or the Second Priority Agreement, as the case may be.. 509265-1512-14307-Active.15883725.6

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (SWIFT TRANSPORTATION Co)

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