Common use of No Other Restrictions Clause in Contracts

No Other Restrictions. Except as otherwise set forth in this Agreement, each of the Secured Party Agents and the Secured Creditors shall have any and all rights and remedies it may have as a creditor under applicable law; provided, however, that any and all rights and remedies it may have as a creditor under applicable law with respect to the Collateral, including the Exercise of Secured Creditor Remedies with respect to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including Section 4.1 hereof. Except as otherwise set forth in this Agreement, each Secured Party Agent may enforce the provisions of the applicable Secured Debt Documents, and each may Exercise Any Secured Creditor Remedies, all in such order and in such manner as each may determine in the exercise of its sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law; provided, however, that each Secured Party Agent agrees to provide to each other such Party copies of any notices that it is required under applicable law to deliver to any Borrower or any Guarantor; provided, further, however, that such Secured Party Agent’s failure to provide any such copies to any other such Party shall not impair any of such Secured Party Agent’s rights hereunder or under any of the applicable Secured Debt Documents. Each of the Secured Party Agents agrees that it will not institute any suit or other proceeding or assert in any suit, Insolvency Proceeding or other proceeding any claim against any other Secured Party Agent or any Secured Creditor represented thereby seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to, any action taken or omitted to be taken by such Person with respect to the Collateral that is consistent with the terms of this Agreement, and none of such Persons shall be liable for any such action taken or omitted to be taken.

No Other Restrictions. Except as otherwise expressly set forth in this Agreement, each of the Secured Party Agents Agent and the each Secured Creditors Creditor shall have any and all rights and remedies it may have as a creditor under applicable law, including the right to the Exercise of Secured Creditor Remedies; provided, however, that any and all rights and remedies it may have as a creditor under applicable law with respect to the Collateral, including the Exercise of Secured Creditor Remedies with respect to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including Section 4.1 hereof4.1. Except as otherwise set forth in this Agreement, each Each Secured Party Agent may enforce the provisions of the applicable Secured Debt Documents, and each Secured Party Agent may Exercise Any Secured Creditor Remedies, all in such order and in such manner as each may determine in the exercise of its sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law; provided, however, that each Secured Party Agent agrees to provide to each other such Party copies of any notices that it is required under applicable law to deliver to any Borrower or any GuarantorCredit Party; provided, further, however, that such any Secured Party Agent’s failure to provide any such copies to any other such Party shall not impair any of such Secured Party Agent’s rights hereunder or under any of the applicable Secured Debt Documents. Each of the Except as may be separately otherwise agreed by and between or among any applicable Secured Party Agents Agents, each Secured Party Agent agrees for and on behalf of itself and each Secured Creditor represented thereby that it such Secured Party Agent and each such Secured Creditor will not institute any suit or other proceeding or assert in any suit, Insolvency Proceeding or other proceeding any claim against any other Secured Party Agent or any Secured Creditor represented thereby seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to, to any action taken or omitted to be taken by such Person with respect to the Collateral that is consistent with the terms of this Agreement, and none of such Persons shall be liable for any such action taken or omitted to be taken.

No Other Restrictions. Except as otherwise expressly set forth in this Agreement, each of the Note Collateral Agent, each Secured HY Note Holder, the Revolving Credit Agent and each Revolving Secured Party Agents and the Secured Creditors shall have any and all rights and remedies it may have as a creditor under applicable law; provided, however, that any and all rights and remedies it may have as a creditor under applicable law with respect to the Collateral, including the Exercise of Secured Creditor Remedies with respect right to undertake Enforcement actions to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including extent permitted under Section 4.1 hereof2.3(a). Except as otherwise set forth in this Agreement, each Secured Party The Revolving Credit Agent may enforce the provisions of the applicable Revolving Loan Agreements and, except as otherwise provided herein, the Note Collateral Agent may enforce the provisions of the Secured Debt DocumentsHY Documents and, and except as otherwise provided herein, each may Exercise Any Secured Creditor Remediesundertake Enforcement Actions, all in such order and in such manner as each may determine in the exercise of its sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law; provided, however, that each Secured Party the Revolving Credit Agent agrees to provide to each other such Party the Note Collateral Agent (x) an Enforcement Notice prior to undertaking any Enforcement Action, and (y) copies of any notices that it is required under applicable law to deliver to any Borrower or Loan Party; provided, further, that the Note Collateral Agent shall provide to the Revolving Credit Agent copies of any Guarantor; notices sent to the Company of the occurrence of a Secured HY Event of Default, provided, further, however, that such Secured Party Agentany Party’s failure to provide any such copies to any the other such Party shall not impair any of such Secured Party Agentthe Party’s rights hereunder or under any of the applicable Secured Debt Documents. Each Revolving Loan Agreements or under any of the Secured HY Documents, as applicable. Each Party Agents agrees (i) that it will not institute any suit or other proceeding or asserting and will not assert in any suit, Insolvency Proceeding or other proceeding proceeding, any claim against any the other Secured Party Agent or any Secured Creditor represented thereby seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to, any action taken or omitted to be taken by such Person with respect to the Collateral that which is consistent with the terms of this Agreement, and none of such Persons Parties shall be liable for any such action taken or omitted to be taken, or (ii) it will not be a petitioning creditor or otherwise assist in the filing of an involuntary Insolvency Proceeding.

No Other Restrictions. Except as otherwise expressly set forth in this Agreement, each of the Secured Party Agents and the Secured Creditors shall have any and all rights and remedies it may have as a creditor under applicable law, including the right to the Exercise of Secured Creditor Remedies; provided, however, that any and all rights and remedies it may have as a creditor under applicable law with respect to the Collateral, including the Exercise of Secured Creditor Remedies with respect to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including Section Sections 4.1 and 6 hereof. Except as otherwise set forth in this Agreement, each Each Secured Party Agent may enforce the provisions of the applicable Secured Debt Documents, Documents and each may Exercise Any Secured Creditor Remedies, all in such order and in such manner as each may determine in the exercise of its sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law; provided, however, that each Secured Party Agent agrees to provide to each other such Party copies of any notices that it is required under applicable law to deliver to any Borrower or any Guarantor; provided, further, however, that such Secured Party Agent’s failure to provide any such copies to any other such Party shall not impair any of such Secured Party Agent’s rights hereunder or under any of the applicable Secured Senior Debt Documents. Each of the Secured Party Agents agrees that it will not institute any suit or other proceeding or assert in any suit, Insolvency Proceeding or other proceeding any claim against any other Secured Party Agent or any Secured Creditor represented thereby seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to, any action taken or omitted to be taken by such Person with respect to the Collateral that is consistent with the terms of this Agreement, and none of such Persons shall be liable for any such action taken or omitted to be taken.

No Other Restrictions. Except as otherwise expressly set forth in this Agreement, each of the Note Collateral Agent, each Secured HY Note Holder, the Revolving Credit Agent and each Revolving Secured Party Agents and the Secured Creditors shall have any and all rights and remedies it may have as a creditor under applicable law; provided, however, that any and all rights and remedies it may have as a creditor under applicable law with respect to the Collateral, including the Exercise of Secured Creditor Remedies with respect right to undertake Enforcement actions to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including extent permitted under Section 4.1 hereof2.3(a). Except as otherwise set forth in this Agreement, each Secured Party The Revolving Credit Agent may enforce the provisions of the applicable Revolving Loan Agreements and, except as otherwise provided herein, the Note Collateral Agent may enforce the provisions of the Secured Debt DocumentsHY Documents and, and except as otherwise provided herein, each may Exercise Any Secured Creditor Remediesundertake Enforcement Actions, all in such order and in such manner as each may determine in the exercise of its sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law; providedprovided , howeverhowever , that each Secured Party the Revolving Credit Agent agrees to provide to each other such Party the Note Collateral Agent (x) an Enforcement Notice prior to undertaking any Enforcement Action, and (y) copies of any notices that it is required under applicable law to deliver to any Borrower or any GuarantorLoan Party; providedprovided , further, howeverfurther , that such the Note Collateral Agent shall provide to the Revolving Credit Agent copies of any notices sent to the Company of the occurrence of a Secured Party AgentHY Event of Default, provided , further , however , any Party’s failure to provide any such copies to any the other such Party shall not impair any of such Secured Party Agentthe Party’s rights hereunder or under any of the applicable Secured Debt Documents. Each Revolving Loan Agreements or under any of the Secured HY Documents, as applicable. Each Party Agents agrees (i) that it will not institute any suit or other proceeding or asserting and will not assert in any suit, Insolvency Proceeding or other proceeding proceeding, any claim against any the other Secured Party Agent or any Secured Creditor represented thereby seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to, any action taken or omitted to be taken by such Person with respect to the Collateral that which is consistent with the terms of this Agreement, and none of such Persons Parties shall be liable for any such action taken or omitted to be taken, or (ii) it will not be a petitioning creditor or otherwise assist in the filing of an involuntary Insolvency Proceeding.

No Other Restrictions. Except as otherwise expressly set forth in this Agreement, each of the Secured Party Agents Subordinated Lienholder, the other Subordinated Creditors, the Agent and the Secured Creditors Lenders shall have any and all rights and remedies it may have as a creditor under applicable law, including the rights to exercise all rights and remedies in foreclosure or otherwise with respect to any of the Collateral; provided, however, that any such exercise by the Subordinated Lienholder or the other Subordinated Creditors, and any collection or sale of all or any portion of the Collateral by the Subordinated Lienholder or the other Subordinated Creditors, shall be subject to the Liens of the Agent on the Collateral to the extent provided in Section 2.2 and to the provisions of this Agreement including Section 4.2 hereof. In exercising rights and remedies it may have as a creditor under applicable law with respect to the Collateral, including the Exercise of Secured Creditor Remedies with respect to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including Section 4.1 hereof. Except as otherwise set forth in this Agreement, each Secured Party Agent may enforce the provisions of the applicable Secured Debt Documents, Lending Agreements and each may Exercise Any Secured Creditor Remediesexercise remedies thereunder, all in such order and in such manner as each it may determine in the exercise of its sole discretion. Such exercise and enforcement shall include the sale, consistent with lease, license, or other disposition of all or any portion of the terms of this Agreement and mandatory provisions of Collateral by private or public sale or any other means permissible under applicable lawlaw or any agreement; provided, however, that each Secured Party the Agent agrees to provide to each other such Party copies of any notices that it is required under applicable law to deliver to any Borrower or any GuarantorCredit Party to the Subordinated Lienholder; provided, provided further, however, that such Secured Party Agent’s the failure to provide any such copies to any other such Party the Subordinated Lienholder shall not impair any of such Secured Party the Agent’s rights hereunder or under any of hereunder. In the applicable Secured Debt Documents. Each of event the Secured Party Agents agrees that it will not institute any suit or other proceeding or assert in any suit, Insolvency Proceeding or other proceeding any claim against any other Secured Party Agent or any Secured Creditor represented thereby seeking damages from or other relief Subordinated Lienholder is permitted by way of specific performance, instructions or otherwise, with respect to, any action taken or omitted this Agreement to be taken by such Person exercise rights and remedies with respect to the Collateral, the Subordinated Lienholder may enforce the provisions of the Subordinated Lienholder Agreements and exercise remedies thereunder, all in such order and in such manner as it may determine in the exercise of its sole discretion. Such exercise and enforcement shall include the sale, lease, license, or other disposition of all or any portion of the Collateral by private or public sale or any other means permissible under applicable law or any agreement; provided, that the Subordinated Lienholder agrees to provide copies of any notices that it is consistent with required under applicable law to deliver to any Credit Party to the terms of this AgreementAgent; provided further, and none of such Persons shall be liable for that the failure to provide any such action taken or omitted copies to be takenthe Agent shall not impair any of the Subordinated Lienholder’s rights hereunder.

No Other Restrictions. Except as otherwise expressly set forth in this Agreement, each and subject to the terms of the Senior Lien Pari Passu Intercreditor Agreement each Senior Lien Secured Party Agents and the Secured Creditors shall have the exclusive right to enforce any and all rights and exercise remedies with respect to the Collateral as it may have as a creditor under applicable law, including the right to the Exercise of Secured Creditor Remedies, in each case without any consultation with or the consent of any Junior Lien Agent or any other Junior Lien Secured Party; provided, however, that any and all rights and remedies it may have as a creditor under applicable law with respect to the Collateral, including the Exercise of Secured Creditor Remedies with respect to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including Section 4.1 hereof. Except as otherwise set forth in this Agreement, each Secured Party Agent The Senior Lien Agents may enforce the provisions of the applicable Secured Debt Documents, Senior Lien Documents and each may Exercise Any Secured Creditor Remedies, all in such order and in such manner as each they may determine in the exercise of its their sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law; provided, howeverand such enforcement and exercise shall include the rights of an agent appointed by the Senior Lien Agents to dispose of Collateral upon foreclosure, that to incur expenses in connection with any such disposition and to exercise all the rights and remedies of a secured creditor under the Uniform Commercial Code, any Debtor Relief Law, any relevant Security Document or any other applicable law. Each Junior Lien Agent and each Junior Lien Secured Party Agent agrees to provide to each other such Party copies of any notices that it is required under applicable law to deliver to any Borrower or any Guarantor; provided, further, however, that such Secured Party Agent’s failure to provide any such copies to any other such Party shall not impair any of such Secured Party Agent’s rights hereunder or under any of the applicable Secured Debt Documents. Each of the Secured Party Agents agrees that it will not institute any suit or other proceeding or assert in any suit, Insolvency Proceeding or other proceeding any claim against any other Secured Party Senior Lien Agent or any other Senior Lien Secured Creditor represented thereby Party seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to, to any action taken or omitted to be taken by such Person with respect to the Collateral that is consistent with permitted by (or not otherwise prohibited by) the terms of this Agreement, and none of such Persons shall be liable for any such action taken or omitted to be taken.