No Independent Action. Notwithstanding any other provision of this Agreement, each Lender agrees that it shall not, unless specifically requested to do so by the Agent, take any action to protect or enforce its rights arising out of this Agreement or the Other Loan Documents, it being the intent of the Lenders that any such action to protect or enforce rights under this Agreement and the Other Loan Documents shall be taken in concert and at the direction or with the consent of the Agent or the Required Lenders.
No Independent Action. Customer may not itself rectify the error and demand compensation for any expenses required there for.
No Independent Action. No Finance Party may, except with the prior consent of the Majority Banks:
17.24.1 enforce any Security Interest created or evidenced by any Security Document or require the Agent to enforce any such Security Interest;
17.24.2 sxx for or institute any creditor’s process (including a Mareva injunction, garnishment, execution or levy, whether before or after judgment) in respect of any obligation (whether or not for the payment of money) owing to it under or in respect of any Finance Document;
17.24.3 take any step (including petition, application, notice of meeting or proposal to creditors) for the liquidation, winding-up or administration of, or any insolvency proceeding in relation to, the Borrower, or for a voluntary arrangement or scheme of arrangement in relation to the Borrower; or
17.24.4 apply for any order for an injunction or specific performance in respect of the Borrower in relation to any of the Finance Documents.
No Independent Action. No Lender may, except with the prior consent of the Majority Lenders (and, where a Lender may, it may only do so through the Security Agent):
(a) enforce any encumbrance created or evidenced by any Security Document or require the Security Agent to enforce any such encumbrance;
(b) sue for or institute any creditor's process (including a Mareva injunction, garnishment, execution or levy, whether before or after judgment) in respect of any obligation (whether or not for the payment of money) owing to it under or in respect of any Financing Document;
(c) take any step (including petition, application, notice of meeting or proposal to creditors) for the winding-up, or administration of, or any insolvency proceeding in relation to, the Borrower, or for a voluntary arrangement or scheme or arrangement in relation to the Borrower; or
(d) apply for any order for an injunction or specified performance in respect of the Borrower in relation to any of the Financing Documents. Provided that for the avoidance of doubt that nothing herein contained shall restrict the rights of the Beneficiaries under (and as defined in) the Floor Guarantee to enforce or refrain from enforcing their rights thereunder at such times and in such manner as they may think fit.
No Independent Action. None of the Finance Parties nor any person acting for or appointed by any of them may, except with the prior consent of the Majority Facility Lenders as otherwise provided in this Agreement:
(a) enforce any Security Interest created or evidenced by any Security Document or require any Agent to enforce any such Security Interest; or
(b) xxx for, or institute any creditor’s process (including a freezing order, garnishment, execution or levy, whether before or after judgment) against the Borrower in respect of any obligation (whether or not for the payment of money) owing to it under or in respect of any Financing Document; or
(c) take any step (including petition, application, notice of meeting or proposal to creditors) for the winding-up or administration of, or any insolvency proceeding, voluntary arrangement or scheme of arrangement in relation to the Borrower; or
(d) apply for any order for an injunction or specific performance in respect of the Borrower in relation to any of the Financing Documents.
No Independent Action. No Finance Party may, except with the prior consent of the Majority Banks:
(a) enforce any Security Interest created or evidenced by any Security Document or require the Facility Agent to enforce any such Security Interest;
(b) sue for or institute any creditor's process (including a Mareva injunction, garnishment, execution or levy, whether before or after judgment) in respect of any obligation (whether or not for the payment of money) owing to it under or in respect of any Finance Document;
(c) take any step (including petition, application, notice of meeting or proposal to creditors) for the liquidation, winding-up or administration of, or any insolvency proceeding in relation to, an Obligor, or for a voluntary arrangement or scheme of arrangement in relation to an Obligor;
(d) apply for any order for an injunction or specific performance in respect of an Obligor in relation to any of the Finance Documents.
No Independent Action. No Bank may, except with the prior consent of an Instructing Group:
19.21.1 enforce any Security created or evidenced by any Finance Document or require the Agent to enforce any such Security;
19.21.2 xxx for, or institute any creditor’s process (including a mareva injunction, garnishee order, execution or levy, whether before or after judgment) against any party to this Agreement in respect of, the Secured Obligations or any obligations (whether or not for the payment of money) owing to it under or in respect of any Finance Document:
19.21.3 take any step (including petition, application, notice of meeting or proposal to creditor) for the winding-up or administration of, or any insolvency proceeding, voluntary arrangement or scheme or arrangement in relation to, any Obligor: or
19.21.4 apply for any order for an injunction or specific performance in respect of any party to this Agreement in relation to any of the Finance Documents.
No Independent Action. No Finance Party may, except (prior to the Issue Date) with the prior consent of all the Lenders and (after the Issue Date), in accordance with the Intercreditor Agreement:
(a) enforce or require the Senior Agent to enforce any Security Interest created or evidenced by any Security Document;
(b) sxx for or institute any creditor's process (including an injunction, garnishment, execution or levy, whether before or after judgment) in respect of any obligation (whether or not for the payment of money) owing to it in respect of any Finance Document;
(c) take any step for the winding-up, administration of or dissolution of, or any insolvency proceeding, or for a voluntary arrangement, scheme of arrangement or other analogous step in relation to the Borrower; or
(d) apply for any order for an injunction or specific performance in respect of the Borrower in relation to any Finance Document.
No Independent Action. No Senior Finance Party may, except with the prior written consent of the Senior Agent:
(a) enforce or require the Senior Agent or the Security Agent to enforce any Security Interest created or evidenced by any Security Document or taken any step under a Direct Agreement;
(b) sxx for or institute any creditor’s process in respect of any obligation (whether or not for the payment of money) owing to it in respect of any Senior Finance Document;
(c) take any step for the winding-up, administration of or dissolution of, or any insolvency proceeding, or for a voluntary arrangement, scheme of arrangement or other analogous step in relation to the Borrower or apply for any order for an injunction or specific performance in respect of the Borrower in relation to any Senior Finance Document;
(d) cancel or suspend any amount of the Total Senior Lender Commitments; or
(e) terminate any Hedging Agreement unless instructed to do so by the Senior Agent. It is hereby clarified, that the foregoing shall not derogate from the rights of any Senior Lender, the Issuing Bank or the Hedging Bank as set out in clauses 2.6(c) (Debt Service Reserve Account and Guarantees Account) and 3.8 (Hedging Bank) of the Intercreditor Agreement
No Independent Action. 49.1.1 Without prejudice to the rights of the Secured Creditors to instruct the Security Trustee pursuant to Clause 61.7 (Instructions) to take any such action, none of the Secured Creditors (other than the Security Trustee) may (without the consent of the Security Trustee):
(A) enforce or exercise any other equivalent right with respect to any Security constituted by any Security Document;
(B) in respect of any asset or right subject to any Security Document, xxx for or institute any creditor’s process (including a Mareva injunction, garnishment, execution or levy, whether before or after judgment) in respect of any obligation (whether or not for the payment of money) owing to it under or in respect of any Finance Document or otherwise enforce any Debt by attachment, execution or otherwise;
(C) take any step (including petition, application, notice of meeting or proposal to creditors) for the liquidation, winding-up, administration, dissolution or bankruptcy (or analogous proceeding in any jurisdiction) of an Obligor, or take any step for a voluntary arrangement or scheme of arrangement or analogous proceeding in relation to any Obligor.
49.1.2 Subject thereto, each Secured Creditor may exercise any rights it may have as an unsecured creditor of the Company or of any Obligor as it thinks fit, provided that it shall not exercise such rights in a manner inconsistent with the provisions of this Agreement or which may affect recovery under the Security Documents.
