No Commencement of Any Proceedings Sample Clauses

No Commencement of Any Proceedings. Each Subordinated Creditor agrees that, so long as any of the Obligations shall remain unpaid, it will not in its capacity as such a creditor of the Borrower commence, or join (in such capacity) with any creditor (in such capacity) other than Banks and the Agents in commencing, any proceeding in respect of the Borrower of the nature referred to in Section 3(a).
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No Commencement of Any Proceedings. Each Intra-Company Lender agrees that, so long as the Credit Facility shall remain unpaid, such Intra-Company Lender will not commence, or join with any creditor other than Lenders in commencing, or cause the Intra-Company Borrower to commence, any proceeding referred to in Section 3(a).
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No Commencement of Any Proceedings. Each Intra-Company Lender agrees that, so long as the Credit Facility shall remain unpaid, such Intra-Company Lender (a) will (i) not commence, or join with any creditor other than Lenders in commencing, or cause the Intra-Company Borrower to commence, any Insolvency Event, and (ii) execute, verify, deliver and file any proofs of claim in respect of its Intra-Company Loans requested by Agent in connection with any such proceeding and (b) irrevocably authorizes, empowers and appoints Agent on behalf of the Lenders as such Intra-Company Lender’s agent and attorney-in-fact to (i) execute, verify, deliver and file such proofs of claim upon the failure of the Intra-Company Lender promptly to do so (and, in any event, prior to 30 days before the expiration of the time to file any such proof) and (ii) upon the election of Agent to have the exclusive right to vote such claim in any such proceeding; provided, that, Agent shall have no obligation to execute, verify, deliver, file and/or vote any such proof of claim. In the event that the Administrative Agent votes any claim in accordance with the authority granted hereby, the Intra-Company Lender shall not be entitled to change or withdraw such vote.
Sample 1
No Commencement of Any Proceedings. The Special Limited Partner agrees that, so long as the Obligations (other than contingent indemnification Obligations with respect to which no claim has been asserted and any Obligations under Letters of Credit that have been Cash Collateralized or otherwise backstopped (including by “grandfathering” into future credit facilities) in a manner reasonably satisfactory to the Administrative Agent and each applicable L/C Issuer) shall remain unpaid, the Special Limited Partner will not commence, or join with any creditor in commencing, or cause the Borrower to commence, any Insolvency Proceeding referred to in Section 3(a).
Sample 1

Related to No Commencement of Any Proceedings

  • 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 Material Proceedings There are no Material Proceedings pending or, to the best knowledge of Borrower, threatened.

  • No Material Actions or Proceedings Except as disclosed in the Prospectus, there are no legal or governmental actions, suits or proceedings pending or, to the best of the Company’s knowledge, threatened (i) against or affecting the Company or any of its subsidiaries, (ii) which has as the subject thereof any officer or director of, or property owned or leased by, the Company or any of its subsidiaries or (iii) relating to environmental or discrimination matters, where in any such case (A) there is a reasonable possibility that such action, suit or proceeding might be determined adversely to the Company or such subsidiary and (B) any such action, suit or proceeding, if so determined adversely, would reasonably be expected to result in a Material Adverse Change or adversely affect the consummation of the transactions contemplated by this Agreement. No material labor dispute with the employees of the Company or any of its subsidiaries exists or, to the best of the Company’s knowledge, is threatened or imminent.

  • Criminal Proceedings Any criminal complaint, indictment or criminal proceedings;

  • Suits and Proceedings To Seller’s Knowledge, except as listed in Exhibit H, there are no legal actions, suits or similar proceedings pending and served, or threatened in writing against Seller or the Property which (i) are not adequately covered by existing insurance and (ii) if adversely determined, would materially and adversely affect the value of the Property, the continued operations thereof, or Seller’s ability to consummate the transactions contemplated hereby.

  • Assistance in Proceedings Seller will cooperate with Buyer and its counsel in the contest or defense of, and make available its personnel and provide any testimony and access to its books and Records in connection with, any Proceeding involving or relating to (a) any Contemplated Transaction or (b) any action, activity, circumstance, condition, conduct, event, fact, failure to act, incident, occurrence, plan, practice, situation, status or transaction on or before the Closing Date involving Seller or the Business.

  • Infringement Proceedings Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

  • Discontinuance of Proceedings; Position of Parties Restored If Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry of judgment or otherwise and such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceedings had occurred or had been taken.

  • Complaints and Proceedings (a) The Trust and/or the Distributor shall immediately notify the Company of: (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order (but not including an order of a regulatory body exempting or approving a proposed transaction or arrangement) with respect to the Trust's Registration Statement or the Prospectus of any Series or Class; (ii) any request by the SEC for any amendment to the Trust's Registration Statement or the Prospectus of any Series or Class; (iii) the initiation of any proceedings for that purpose or for any other purposes relating to the registration or offering of the Trust shares; or (iv) any other action or circumstances that may prevent the lawful offer or sale of Trust shares or any Class or Series in any state or jurisdiction, including, without limitation, any circumstance in which (A) such shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (B) such law precludes the use of such shares as an underlying investment medium for the Contracts. The Trust will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

  • Insolvency and Related Proceedings Borrower shall cease to be Solvent or shall suffer the appointment of a receiver, trustee, custodian or similar fiduciary, or shall make an assignment for the benefit of creditors, or any petition for an order for relief shall be filed by or against Borrower under the Bankruptcy Code (if against Borrower, the continuation of such proceeding for more than 60 days), or Borrower shall make any offer of settlement, extension or composition to its unsecured creditors generally.

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