No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunder, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4).
Appears in 8 contracts
Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Guarantee and Collateral Agreement (SWIFT TRANSPORTATION Co)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunder, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4).
Appears in 8 contracts
Samples: Intercreditor Agreement (Rivian Automotive, Inc. / DE), Intercreditor Agreement (Endo International PLC), Intercreditor Agreement (Amedisys Inc)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderParty, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)) or the asserting by any Second Priority Secured Party of any of its rights and remedies under the Second Priority Documents or otherwise.
Appears in 6 contracts
Samples: Intercreditor Agreement (Party City Holdco Inc.), Intercreditor Agreement, Intercreditor Agreement (Lions Gate Entertainment Corp /Cn/)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the any First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunder, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4).
Appears in 5 contracts
Samples: First Lien Credit Agreement (Hayward Holdings, Inc.), Security Agreement (PQ Group Holdings Inc.), First Lien Credit Agreement (Hayward Holdings, Inc.)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Junior Priority Secured Party not expressly permitted hereunder, including the seeking by any Second Junior Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)) or the asserting by any Junior Priority Secured Party of any of its rights and remedies under the Junior Priority Documents or otherwise.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Community Choice Financial Inc.), Blocked Account Control Agreement (Community Choice Financial Inc.), Passu Intercreditor Agreement (Diamond Resorts Parent, LLC)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall shall, except as expressly provided herein, prohibit or in any way limit the any First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency or Liquidation Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderParty, including the seeking by any Second Priority Secured Party of adequate protection with respect to or the asserting by any Second Priority Secured Party of any of its interests in rights and remedies under the Common Collateral (except as provided in Section 5.4)Second Priority Debt Documents or otherwise.
Appears in 3 contracts
Samples: Intercreditor Agreement (Geo Group Inc), Intercreditor Agreement (Ocwen Financial Corp), Security Agreement (Ocwen Financial Corp)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderParty, including the seeking by any Second Priority Secured Party of adequate protection with respect to or the asserting by any Second Priority Secured Party of any of its interests in rights and remedies under the Common Collateral (except as provided in Section 5.4)Second Priority Documents or otherwise.
Appears in 3 contracts
Samples: Credit Agreement, Intercreditor Agreement (Par Petroleum Corp/Co), Credit Agreement (Georgia Gulf Corp /De/)
No Waivers of Rights of First Priority Secured Parties. Nothing Subject to Section 2.1(b), nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderParty, including the seeking by any Second Priority Secured Party of adequate protection with respect to or the asserting by any Second Priority Secured Party of any of its interests in rights and remedies under the Common Collateral (except as provided in Section 5.4)Second Priority Documents or otherwise.
Appears in 2 contracts
Samples: Note Purchase Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted prohibited hereunder, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)) or the asserting by any Second Priority Secured Party of any of its rights and remedies under the Second Priority Documents or otherwise.
Appears in 2 contracts
Samples: Junior Intercreditor Agreement, Junior Intercreditor Agreement (Lee Enterprises, Inc)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative Creditor or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderParty, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4).
Appears in 2 contracts
Samples: Intercreditor Agreement (Insite Vision Inc), Intercreditor Agreement (Insite Vision Inc)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderunless such action was taken in accordance with the terms of this Agreement, including the seeking by any Second Priority Secured Party of adequate protection with respect to or the asserting by any Second Priority Secured Party of any of its interests in rights and remedies under the Common Collateral (except as provided in Section 5.4)Second Priority Documents or otherwise.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Universal City Travel Partners)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall shall, except as expressly provided herein, prohibit or in any way limit the any First Priority Representative Agent or any other First Priority Secured Party from objecting in any Insolvency or Liquidation Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunder, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)Party.
Appears in 2 contracts
Samples: Letter of Credit Agreement (McDermott International Inc), Credit Agreement (McDermott International Inc)
No Waivers of Rights of First Priority Secured Parties. Nothing Subject to Section 2.01(b), nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderParty, including the seeking by any Second Priority Secured Party of adequate protection with respect to or the asserting by any Second Priority Secured Party of any of its interests in rights and remedies under the Common Collateral (except as provided in Section 5.4)Second Priority Documents or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Moneygram International Inc), Intercreditor Agreement (Moneygram International Inc)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderor Junior Priority Secured Party, including the seeking by any Second Priority Secured Party or Junior Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)) or the asserting by any Second Priority Secured Party or Junior Priority Secured Party of any of its rights and remedies under the Second Priority Documents, the Junior Priority Documents or otherwise.
Appears in 2 contracts
Samples: Intercreditor Agreement (Delta Air Lines Inc /De/), First Lien Security Agreement (Delta Air Lines Inc /De/)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunder, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)) or the asserting by any Second Priority Secured Party of any of its rights and remedies under the Second Priority Documents or otherwise.
Appears in 2 contracts
Samples: Intercreditor Agreement (Commercial Vehicle Group, Inc.), Intercreditor Agreement (Momentive Performance Materials Inc.)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative Representative, any First Priority Agent or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderParty, including the seeking by any Second Priority Secured Party of adequate protection with respect to or the assertion by any Second Priority Secured Party of any of its interests in rights and remedies under the Common Collateral (except as provided in Section 5.4)Second Priority Documents or otherwise.
Appears in 1 contract
Samples: Intercreditor Agreement (Tousa Inc)
No Waivers of Rights of First Priority Secured Parties. Nothing Except as set forth in the proviso in Section 5.1, nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Junior Priority Secured Party not expressly permitted hereunderParty, including the seeking by any Second Junior Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)) or the asserting by any Junior Priority Secured Party of any of its rights and remedies under the Junior Priority Documents or otherwise.
Appears in 1 contract
Samples: Intercreditor Agreement (Commercial Vehicle Group, Inc.)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunder, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.46.4).
Appears in 1 contract
Samples: Second Lien Credit Agreement (Babcock & Wilcox Enterprises, Inc.)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting objecting, in any Insolvency Proceeding or otherwise otherwise, to any action taken by any Second Priority Secured Party not expressly permitted hereunderParty, including the seeking by any Second Priority Secured Party of adequate protection with respect to or the asserting by any Second Priority Secured Party of any of its interests in rights and remedies under the Common Collateral (except as provided in Section 5.4)Second Priority Documents or otherwise.
Appears in 1 contract
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunder, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)5.4 and except for actions consistent with this Agreement) or the asserting by any Second Priority Secured Party of any of its rights and remedies under any Second Priority Agreement in respect of the Common Collateral.
Appears in 1 contract
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderParty, including including, without limitation, the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)) or the asserting by any Second Priority Secured Party of any of its rights and remedies under the Second Priority Documents or otherwise.
Appears in 1 contract
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunderParty, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral or similar relief (except as provided in Section 5.4)) or the asserting by any Second Priority Secured Party of any of its rights and remedies under the Second Priority Documents or otherwise.
Appears in 1 contract
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative Agent or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any the Second Priority Secured Party not expressly permitted hereunderParty, including the seeking by any the Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)) or the asserting by the Second Priority Secured Party of any of its rights and remedies under the Second Priority Documents or otherwise.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Mirant North America, LLC)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency Proceeding or otherwise to any action taken by any the Second Priority Secured Party not expressly permitted hereunder, including the seeking by any the Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4).
Appears in 1 contract
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency or Liquidation Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted prohibited hereunder, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)) or the asserting by any Second Priority Secured Party of any of its rights and remedies under the Second Priority Documents or otherwise.
Appears in 1 contract
Samples: Intercreditor Agreement (Ami Celebrity Publications, LLC)
No Waivers of Rights of First Priority Secured Parties. Nothing contained herein shall prohibit or in any way limit the First Priority Representative or any other First Priority Secured Party from objecting in any Insolvency or Liquidation Proceeding or otherwise to any action taken by any Second Priority Secured Party not expressly permitted hereunder, including the seeking by any Second Priority Secured Party of adequate protection with respect to its interests in the Common Collateral (except as provided in Section 5.4)) or the asserting by any Second Priority Secured Party of any of its rights and remedies under the Second Priority Documents or otherwise.
Appears in 1 contract
