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.
Appears in 8 contracts
Samples: Security Agreement (Pioneer Energy Services Corp), Credit Agreement (CNX Coal Resources LP), Credit Agreement (CNX Coal Resources LP)
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 proceeding referred to those described in the first paragraph of Section 2 hereof, or other enforcement action of any kind against any other Company which that owes it any Subordinated Intercompany Indebtedness.
Appears in 6 contracts
Samples: Credit Agreement (Foster L B Co), Intercreditor Agreement (Armstrong Coal Company, Inc.), Security Agreement (Armstrong Energy, Inc.)
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 proceeding referred to those described in Section 2 hereof, or other enforcement action of any kind herein against any other Company which owes it any Subordinated Intercompany Indebtedness.
Appears in 5 contracts
Samples: Intercompany Subordination Agreement (Under Armour, Inc.), Joinder and Assumption Agreement (Under Armour, Inc.), Intercompany Subordination Agreement (Under Armour, Inc.)
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 Banks and the Administrative Agent in commencing, any proceeding, including but not limited proceeding referred to those described in the first paragraph of Section 2 hereof, or other enforcement action of any kind against any other Company which owes it any Subordinated Intercompany Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Glatfelter P H Co), Intercompany Subordination Agreement (Federated Investors Inc /Pa/), Intercompany Subordination Agreement (Federated Investors Inc /Pa/)
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 credit other than the Lenders and Guaranteed Creditors or the Administrative Agent on behalf of the Guaranteed Creditors in commencing, any proceedingcollection or enforcement proceeding against any other Company, including including, but not limited to to, those described in Section 2 hereof, or any other enforcement action of any kind against any other Company which owes it any Subordinated Indebtednessin respect of the Intercompany Debt.
Appears in 3 contracts
Samples: Subordination Agreement (Eagle Picher Holdings Inc), Subordination Agreement (Eagle Picher Technologies LLC), Subordination Agreement (Eagle Picher Holdings Inc)
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 Banks and the Administrative Agent in commencing, commencing any proceeding, including but not limited proceeding referred to those described in the first paragraph of Section 2 hereof, or other enforcement action of any kind against any other Company which owes it any Subordinated Intercompany Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)
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 hereof3, or other enforcement action of any kind against any other Company which owes it any Subordinated IndebtednessCompany.
Appears in 3 contracts
Samples: Credit Agreement (Advanced Drainage Systems, Inc.), Intercompany Subordination Agreement (Advanced Drainage Systems, Inc.), Intercompany Subordination Agreement (Advanced Drainage Systems, Inc.)
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 proceedingproceeding referred to in clauses (a), including but not limited to those described in (b) and (c) of Section 2 hereof, or other enforcement action of any kind against any other Company which that owes it any Subordinated Intercompany Indebtedness.
Appears in 2 contracts
Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp), Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)
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 proceeding referred to those described in Section 2 hereof, or other enforcement action of any kind against any other Company which that owes it any Subordinated Intercompany Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Foster L B Co), Assignment and Assumption Agreement (Koppers Holdings Inc.)
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 Paying 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.
Appears in 2 contracts
Samples: Security Agreement (Consol Energy Inc), Collateral Trust Agreement (Consol Energy Inc)
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 Banks or the Administrative Agent on behalf of the Banks in commencing, any proceedingcollection or enforcement proceeding against any other Company, including including, but not limited to to, those described in Section 2 hereof, or any other enforcement action of any kind against any other Company which owes it any in respect of the Subordinated IndebtednessDebt.
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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 Secured Parties in commencing, any proceeding, including but not limited proceeding referred to those described in the first paragraph of Section 2 hereof, or other enforcement action of any kind against any other Company which owes it any Subordinated Intercompany Indebtedness.
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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 or 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.
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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, commencing any proceeding, including but not limited proceeding referred to those described in the first paragraph of Section 2 hereof, or other enforcement action of any kind against any other Company which owes it any Subordinated Intercompany Indebtedness.
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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 proceeding referred to those described in Section 2 hereof, or other enforcement action of any kind hereof against any other Company which owes it any Subordinated Intercompany Indebtedness.
Appears in 1 contract
Samples: Intercompany Subordination Agreement (Sl Industries Inc)
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 Banks or the Administrative Agent on behalf of the Banks in commencing, any proceedingcollection or enforcement proceeding against any other Company, including including, but not limited to to, those described in Section 2 hereof, or any other enforcement action of any kind against any other Company which owes it any in respect of the Subordinated IndebtednessDebt.
Appears in 1 contract
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 Banks or the Administrative Agent on behalf of the Banks in commencing, any proceedingcollection or enforcement proceeding against any other Company, including including, but not limited to to, those described in Section 2 hereof, or any other enforcement action of any kind against any other Company which owes it any Subordinated Indebtedness.
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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 Banks and the Administrative Agent in commencing, commencing any proceeding, including but not limited proceeding referred to those described in Section 2 hereof, or other enforcement action of any kind against any other Company which owes it any Subordinated Intercompany Indebtedness.
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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 proceedingcollection or enforcement proceeding against any other Company, including including, but not limited to to, those described in Section 2 hereof, or any other enforcement action of any kind against any other Company which owes it any in respect of the Subordinated IndebtednessDebt.
Appears in 1 contract
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 Banks or the Administrative Agent on behalf of the Banks in commencing, any proceedingcollection, enforcement, or other proceeding including but not limited to those described in Section 2 hereof, or other enforcement action of any kind 3 above against any other Company which owes it any Subordinated Intercompany Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Big Lots Inc)
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 Collateral Agent on behalf of the Banks, the Agent and the Administrative Agent Noteholders in commencing, any proceeding, including but not limited proceeding referred to those described in the first paragraph of Section 2 hereof, or other enforcement action of any kind against any other Company which owes it any Subordinated Intercompany Indebtedness.
Appears in 1 contract
Samples: Intercompany Subordination Agreement (Federated Investors Inc /Pa/)
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 or the Administrative Agent in commencing, any proceeding, including including, but not limited to to, those described in Section 2 hereof, or other enforcement action of any kind against any other Company which owes it any Subordinated Indebtedness.
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No Commencement of Any Proceeding. Each Company agrees that, so long as the any Senior Debt shall remain unpaid, it will not commence, or join with any creditor other than the Lenders and the Administrative Agent Senior Creditor Parties in commencing, any proceeding, including but not limited proceeding referred to those described in the first paragraph of Section 2 hereof, or other enforcement action of any kind against any other Company which owes it any Subordinated Intercompany Indebtedness.
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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 Lender in commencing, any proceedingcollection or enforcement proceeding against any other Company, including including, but not limited to to, those described in Section 2 hereof, or any other enforcement action of any kind against any other Company which owes it any in respect of the Subordinated IndebtednessDebt.
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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, commencing any proceeding, including but not limited proceeding referred to those described in the first paragraph of Section 2 hereof, or other enforcement action of any kind against any other Company Loan Party which owes it any Subordinated Intercompany Indebtedness. 4.
Appears in 1 contract
Samples: Intercompany Subordination Agreement
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 Purchasers and the Administrative Agent Prudential in commencing, any proceeding, including but not limited to those described in Section 2 hereof3, or other enforcement action of any kind against any other Company which owes it any Subordinated IndebtednessCompany.
Appears in 1 contract
Samples: Intercompany Subordination Agreement (Advanced Drainage Systems, Inc.)
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, commencing any proceeding, including but not limited proceeding referred to those described in the first paragraph of Section 2 hereof, or other enforcement action of any kind against any other Company Loan Party which owes it any Subordinated Intercompany Indebtedness.
Appears in 1 contract
Samples: Intercompany Subordination Agreement (Black Box Corp)
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, commencing any proceeding, including but not limited proceeding referred to those described in Section 2 hereof, or other enforcement action of any kind hereof against any other Company which that owes it any Subordinated Intercompany Indebtedness.
Appears in 1 contract
Samples: Continuing Agreement (Ii-Vi Inc)
