No Commencement of Any Proceeding Sample Clauses
No Commencement of Any Proceeding. Each Company agrees that, so long as the Senior Debt shall remain unpaid, it will not commence, or join with any creditor other than the Lenders and the Administrative Agent in commencing, any proceeding, including but not limited to those described in Section 2 hereof, or other enforcement action of any kind against any other Company which owes it any Subordinated Indebtedness.
No Commencement of Any Proceeding. Each Loan Party agrees that, so long as the Senior Debt shall remain unpaid, it will not commence, or join with any creditor other than the Lenders and the Administrative Agent in commencing any proceeding referred to in the first paragraph of Section 2 against any other Loan Party which owes it any Intercompany Indebtedness.
No Commencement of Any Proceeding. The Subordinated Creditor agrees that, so long as the Obligations shall not have been paid in full in cash, the Subordinated Creditor will not xxx for payment of all or any of the Affiliate Subordinated Debt, or commence, or join with any creditor other than the Lenders, Xxxxxx Commercial Paper Inc., as Agent for the Lenders, the Senior Creditors and their Representatives, in commencing any proceeding referred to in Section 3(a); provided, however, that the foregoing provisions shall not prevent the Subordinated Creditor from commencing and prosecuting to judgment any action necessary to enforce such Affiliate Subordinated Debt during the period commencing one year prior to the expiration of the limitation period governing such Affiliate Subordinated Debt under any applicable statute of limitations.
No Commencement of Any Proceeding. So long as payments or distributions for or on account of this Note are not permitted pursuant to Section 5.02, the Holder will not commence, or join with any creditor other than the holders and owners of Senior Indebtedness in commencing, directly or indirectly cause the Company to commence, or assist the Company in commencing, any proceeding referred to in Section 5.02.
No Commencement of Any Proceeding. Each Subordinated Creditor (in its capacity as such, but not in its capacity as a Debtor) agrees that, so long as any of the Obligations (other than the Limited Indemnification Obligations) shall remain unpaid, any Lender has any commitment to make Advances or the L/C Issuer to issue letters of credit under the Credit Agreement, it will not commence, nor join with any creditor in commencing, any proceeding referred to in Section 3(a) hereof unless the Administrative Agent is included in such group.
No Commencement of Any Proceeding. Until the Release Date, no Sponsor Party shall (and each Sponsor Party shall procure that none of its Affiliates shall, as applicable) claim, demand, require, commence any action or proceeding of any kind against the Borrower (including, without limitation, bringing an action, petition or proceeding against the Borrower under any bankruptcy or similar laws of any jurisdiction, and joining in any such action, petition or proceeding) whether by the exercise of the right of set-off, counterclaim or of any similar right or otherwise howsoever, to obtain or with a view to obtaining any payment or reduction of or in respect of any Sponsor Party Subordinated Debt; provided, however, that if any Secured Party files a claim against the Borrower for payment, each Sponsor Party (or any one or more of its Affiliates, as applicable) shall have the right to file a claim against the Borrower if and to the extent the filing of such claim is necessary to preserve its rights to receive payments under any Sponsor Party Subordinated Debt; provided further that any such claim and right to receive any such payment under any Sponsor Party Subordinated Debt shall, in all cases, be subordinated in all respects to the right of the Secured Parties to receive payment in full of the Secured Party Indebtedness as set forth in this Agreement.
No Commencement of Any Proceeding. Subordinated Creditor agrees that, so long as any of the Senior Indebtedness shall remain unpaid, it will not commence, or join with any creditor other than Lender or the holder of Senior Indebtedness in commencing, any proceeding for any distribution of all or any of the assets of Debtor (other than assets constituting Common Stock) (whether in connection with the dissolution, winding up, liquidation, arrangement, reorganization, adjustment, protection, relief or composition of Debtor or its debts or whether in any bankruptcy, insolvency, rearrangement, reorganization, receivership, relief or similar proceedings or whether upon an assignment for the benefit of creditors or otherwise).
No Commencement of Any Proceeding. Each Company agrees that, so long as the Obligations shall remain unpaid, it will not commence, or join with any creditor other than the Administrative Agent in commencing, any proceeding referred to in Section 2(a) against any other Company which owes it any Intercompany Indebtedness.
No Commencement of Any Proceeding. The Subordinated Creditor agrees that, so long as any of the Senior Debt shall remain unpaid, it will not commence, or join with any creditor other than the Agent and the Banks in commencing, any proceeding referred to in Section 1.3(a).
No Commencement of Any Proceeding. The Subordinated Creditor agrees that, so long as any of the Senior Debt shall remain unpaid, it will not commence, or join with any creditor other than the Agent on behalf of the Banks in commencing, any proceeding referred to in Section 1.03(a) with respect to the Borrower.