No Indirect Actions. Unless otherwise expressly stated, if a party may not take an action under this Agreement, then it may not take that action indirectly, or support any other Person in taking that action directly or indirectly. “Taking an action indirectly” means taking an action that is not expressly prohibited for the party but is intended to have substantially the same effects as the prohibited action.
No Indirect Actions. Unless otherwise expressly stated, if a party may not take an action under this Agreement, then it may not take that action indirectly, or support any other Person in taking that action directly or indirectly. “Taking an action indirectly” means taking an action that is not expressly prohibited for the party but is intended to have substantially the same effects as the prohibited action; provided, that notwithstanding the foregoing, nothing in this Section 8.17 shall be deemed to limit the right of any party hereto to vote on any plan of reorganization, arrangement, compromise or liquidation or similar dispositive restructuring plan in any Insolvency or Liquidation Proceeding to the extent not inconsistent with the terms of this Agreement.
No Indirect Actions. Unless otherwise expressly stated, if a party may not take an action under this Agreement, then it may not take that action indirectly, or support any
No Indirect Actions. During the Restricted Period, the Camac Fund Signatories shall refrain from taking any actions which could reasonably be expected to have the effect of encouraging or assisting any Third Party to engage in actions which, if taken by the Camac Fund Signatories, would violate this Agreement.
No Indirect Actions. Unless otherwise expressly stated, if a party may not take an action under this Agreement, then it may not take that action indirectly, or support any other Person in taking that action directly or indirectly. “Taking an action indirectly” means taking an action that is not expressly prohibited for the party but is intended to have substantially the same effects as the prohibited action. In Witness Whereof, the parties hereto have executed this Second Lien Intercreditor Agreement as of the date first written above. Fifth Third Bank, an Ohio banking corporation, as First Lien Collateral Agent By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Senior Vice President Notice address: Fifth Third Bank Fifth Third Center 00 Xxxxxxxx Xxxxxx Xxxxx Xxxxxxxxxx, Xxxx 00000 Attention: Loan Syndications/Xxxx Xxxx Telephone: (000) 000 0000 Facsimile: (000) 000 0000 Email: xxxx.xxxx@00.xxx Prospect Capital Corporation, a Maryland corporation, as Second Lien Collateral Agent By: /s/ X. Xxxxx Eliasek Name: X. Xxxxx Xxxxxxx Title: President and Chief Operating Officer Notice address: Prospect Capital Corporation 00 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: General Counsel and Xxxxx Xxxxxx Facsimile: (000) 000-0000 Email: xxx@xxxxxxxxxxxxxx.xxx xx@xxxxxxxxxxxxxx.xxx xxxxx@xxxxxxxxxxxxxx.xxx xxxxxxx@xxxxxxxxxxxxxx.xxx xxxxx@xxxxxxxxxxxxxx.xxx xxxxxx@xxxxxxxxxxxxxx.xxx With copies (which shall not constitute notice) to: Proskauer Rose LLP Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attention: Xxxxxxx X. Xxxxx Facsimile: (000) 000-0000 E-mail: xxxxxx@xxxxxxxxx.xxx Acknowledged and Agreed: Borrowers: Turning Point Brands, Inc. North Atlantic Trading Company, Inc. By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President and Chief Financial Officer Grantors: NATC Holding Company, Inc. Turning Point Brands, LLC Intrepid Brands, LLC National Tobacco Finance Corporation North Atlantic Operating Company, Inc. North Atlantic Cigarette Company, Inc. Xxxxxx, Inc. National Tobacco Company, L.P. RBJ Sales, Inc. Smoke Free Technologies Inc. By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Senior Vice President and Chief Financial Officer Notice Address: Turning Point Brands, Inc. 0000 Xxxxxxxxxxx Xxx Xxxxxxxxxx, Xxxxxxxx 00000 Attention: General Counsel, c/o Xxxxx Xxxxxxx Telephone No.: 000-000-0000 Facsimile No.: 000-000-0000 E-mail: xxxxxxxx@xxxxxxx.xxx Schedule 1 None.
