Common use of No Hindrance Clause in Contracts

No Hindrance. The Subordinated Agent, for itself and on behalf of the other Subordinated Claimholder, hereby: (1) agrees that the Subordinated Agent and the other Subordinated Claimholders will not take any action, other than as expressly permitted under this Agreement, that would restrain, hinder, limit, delay, or otherwise interfere with the Exercise of Secured Creditor Remedies by any Senior Agent or any other Senior Claimholder, or any action that is otherwise prohibited hereunder; (2) waives any and all rights the Subordinated Agent or any other Subordinated Claimholder may have as a junior lien creditor to object to the manner in which any Senior Agent or any of the other Senior Claimholders seeks to enforce or collect the Senior Obligations or the Liens securing the Senior Obligations granted in any of the Collateral undertaken in good faith in accordance with this Agreement, regardless of whether any action or failure to act by or on behalf of any Senior Agent or any other Senior Claimholder is adverse to the interest of the Subordinated Agent or any other Subordinated Claimholder; and (3) acknowledges and agrees that, as between the Subordinated Claimholders and the Senior Claimholders, no covenant, agreement or restriction contained in the Subordinated Loan Documents (other than this Agreement) shall be deemed to restrict in any way the rights and remedies of the Senior Agents or the other Senior Claimholders with respect to the Collateral as set forth in this Agreement and the Senior Loan Documents, but the foregoing shall not be deemed to waive any claim or right that the Subordinated Agent or any other Subordinated Claimholder may have against any Obligor.

Appears in 2 contracts

Samples: Senior Term Loan Credit Agreement (Bumble Bee Capital Corp.), Senior Revolving Credit Agreement (Bumble Bee Capital Corp.)

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No Hindrance. The Each Subordinated Agent, for itself and on behalf of the other Subordinated Claimholder, Claimholder hereby: (1) agrees that the Subordinated Agent and the other Subordinated Claimholders will not take any action, other than as expressly permitted under this Agreement, that would restrain, hinder, limit, delay, or otherwise interfere with the Exercise of Secured Creditor Remedies by any the Senior Agent or any other Senior Claimholder, or any action that is otherwise prohibited hereunder; (2) waives any and all rights the Subordinated Agent or any other Subordinated Claimholder may have as a junior lien creditor to object to the manner in which any the Senior Agent or any of the other Senior Claimholders seeks Claimholders, seek to enforce or collect the Senior Obligations or the Liens securing the Senior Obligations granted in any of the Collateral undertaken in good faith in accordance with this Agreement, regardless of whether any action or failure to act by or on behalf of any the Senior Agent or any other Senior Claimholder is adverse to the interest of the Subordinated Agent or any other Subordinated Claimholder; and (3) acknowledges and agrees that, as between the Subordinated Claimholders and the Senior Claimholders, that no covenant, agreement or restriction contained in the Subordinated Loan Documents (other than this Agreement) shall be deemed to restrict in any way the rights and remedies of the Senior Agents Agent or the other Senior Claimholders with respect to the Collateral as set forth in this Agreement and the Senior Loan Documents, but the foregoing shall not be deemed to waive any claim or right that the Subordinated Agent or any other Subordinated Claimholder may have against any Obligor.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Nuverra Environmental Solutions, Inc.)

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No Hindrance. The Each Subordinated Agent, for itself and on behalf of the other Subordinated Claimholder, Claimholder hereby: (1) agrees that the no Subordinated Agent and the Creditor or other Subordinated Claimholders Claimholder will not take any action, other than as expressly permitted under this Agreement, that would restrain, hinder, limit, delay, or otherwise interfere with the Exercise of Secured Creditor Remedies by any Senior Agent or any other Senior Claimholder, or any action that is otherwise prohibited hereunder; (2) waives any and all rights the such Subordinated Agent Claimholder or any other Subordinated Claimholder may have as a junior lien creditor to object to the manner in which any Senior Agent or any of the other Senior Claimholders Claimholders, seeks to enforce or collect the Senior Obligations or the Liens securing the Senior Obligations granted in any of the Collateral undertaken in good faith in accordance with this Agreement, regardless of whether any action or failure to act by or on behalf of any Senior Agent or any other Senior Claimholder is adverse to the interest of the such Subordinated Agent Creditor or any other Subordinated Claimholder; and (3) acknowledges and agrees that, as between the Subordinated Claimholders and the Senior Claimholders, that no covenant, agreement or restriction contained in the Subordinated Loan Documents (other than this Agreement) shall be deemed to restrict in any way the rights and remedies of the Senior Agents Agent or the other Senior Claimholders Claimholders, with respect to the Collateral as set forth in this Agreement and the Senior Loan Documents, but the foregoing shall not be deemed to waive any claim or limit the right that of the Subordinated Agent Claimholders to declare an Event of Default under the Subordinated Loan Documents, to charge default interest pursuant to the terms of the Subordinated Loan Documents or, subject to Section 4(a), to accelerate all or any other portion of the Subordinated Claimholder may have against any ObligorObligations after the occurrence and during the continuance of an Event of Default under the Subordinated Loan Documents.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Global Telecom & Technology, Inc.)

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