Perfection; Contesting Liens. Each Secured Creditor shall be solely responsible for perfecting and maintaining the perfection of its Lien in the Collateral in which such Secured Creditor has been granted a Lien. The foregoing provisions of this Agreement are intended solely to govern the respective Lien priorities as among the Secured Creditors and shall not impose on any Secured Creditor any obligations in respect of the Disposition of proceeds of any Collateral that would conflict with prior perfected claims therein in favor of any other Person or any order or decree of any court or governmental authority or any applicable law. Each Secured Creditor agrees that it will not institute or join in any contest of the validity, perfection, priority or enforceability of the Liens of the other Secured Creditor in the Collateral or the enforceability of the First Lien Obligations or the Second Lien Obligations; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent or the Second Lien Agent to enforce this Agreement, including the provisions hereof relating to Lien priority.
Appears in 3 contracts
Sources: Intercreditor Agreement, Intercreditor Agreement (Thermon Holding Corp.), Securities Purchase Agreement (Film Department Holdings, Inc.)
Perfection; Contesting Liens. Each Secured Creditor shall be solely responsible for creating, perfecting and maintaining the perfection of its Lien in the Collateral in which such Secured Creditor has been or is intended to be granted a Lien[, provided that ][Trustee language to be inserted]. The foregoing provisions of this Agreement are intended solely to govern the respective Lien priorities as among the Secured Creditors in respect of Collateral and shall not impose on any Secured Creditor any obligations in respect of the Disposition of proceeds of Proceeds or any Collateral that would conflict with prior perfected claims therein in favor of any other Person or any order or decree of any court or governmental authority or any applicable law. Each Secured Creditor agrees that it will not institute or institute, join in or support any contest of the validity, perfection, priority or enforceability of the Liens of the any other Secured Creditor in the Collateral or the enforceability of the First Lien Term Loan Obligations or the Second Lien Revolving Credit Obligations; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Term Loan Agent or the Second Lien Revolving Agent to enforce this Agreement, including the provisions hereof relating to Lien priority.
Appears in 3 contracts
Sources: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Supplemental Indenture (FiberTower CORP)
Perfection; Contesting Liens. Each Secured Creditor shall be solely responsible for perfecting and maintaining the perfection of its Lien in the Collateral in which such Secured Creditor has been granted a Lien. The foregoing provisions of this Agreement are intended solely to govern the respective Lien priorities as among the Secured Creditors and shall not impose on any either Secured Creditor any obligations in respect of the Disposition of proceeds of any Collateral that would conflict with prior perfected claims therein in favor of any other Person or any order or decree of any court or governmental authority or any applicable law. Each Secured Creditor agrees that it will not institute or join in any contest of the validity, perfection, priority or enforceability of the Liens of the other Secured Creditor in the Collateral or the enforceability of the First Lien Term Loan Obligations or the Second Lien Revolving Credit Obligations; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent BFI or the Second Lien Agent Revolving Lender to enforce this Agreement, including the provisions hereof relating to Lien priority.
Appears in 2 contracts
Sources: Intercreditor Agreement (PNG Ventures Inc), Intercreditor Agreement (PNG Ventures Inc)
Perfection; Contesting Liens. Each Secured Creditor shall be solely responsible for perfecting and maintaining the perfection of its Lien in the Collateral in which such Secured Creditor has been granted a Lien. The foregoing provisions of this Agreement are intended solely to govern the respective Lien priorities as among the Secured Creditors and shall not impose on any Secured Creditor any obligations in respect of the Disposition of proceeds of any Collateral that would conflict with prior perfected claims therein in favor of any other Person or any order or decree of any court or governmental authority or any applicable law. Each Secured Creditor agrees that it will not institute or join in any contest of the validity, perfection, priority or enforceability of the Liens of the other Secured Creditor in the Collateral or the enforceability of the First Lien Obligations Senior Indebtedness or the Second Lien Obligations; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Senior Agent or the Second Lien Agent Creditors to enforce this Agreement, including the provisions hereof relating to Lien priority.
Appears in 1 contract
Perfection; Contesting Liens. Each Secured Creditor shall be solely responsible for creating, perfecting and maintaining the perfection of its Lien in the Collateral in which such Secured Creditor has been or is intended to be granted a Lien. The foregoing provisions of this Agreement are intended solely to govern the respective Lien priorities as among the Secured Creditors in respect of Collateral and shall not impose on any Secured Creditor any obligations in respect of the Disposition of proceeds of Proceeds or any Collateral that would conflict with prior perfected claims therein in favor of any other Person or any order or decree of any court or governmental authority or any applicable law. Each Secured Creditor agrees that it will not institute or institute, join in or support any contest of the validity, perfection, priority or enforceability of the Liens of the any other Secured Creditor in the Collateral or the enforceability of the First Lien Term Loan Obligations or the Second Lien Revolving Credit Obligations; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Term Loan Agent or the Second Lien Revolving Agent to enforce this Agreement, including the provisions hereof relating to Lien priority.
Appears in 1 contract
Perfection; Contesting Liens. Each Secured Creditor shall be solely responsible for perfecting and maintaining the perfection of its Lien in the Collateral in which such Secured Creditor has been granted a Lien. The foregoing provisions of this Agreement are intended solely to govern the respective Lien priorities as among the Secured Creditors and shall not impose on any Secured Creditor any obligations in respect of the Disposition of proceeds of any Collateral that would conflict with prior perfected claims therein in favor of any other Person or any order or decree of any court or governmental authority or any applicable law. Each Secured Creditor agrees that it will not institute or join in any contest of the validity, perfection, priority or enforceability of the Liens of the other Secured Creditor in the Collateral or the enforceability of the First Lien Obligations or the Second Lien Obligations; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent Agents or the Second Lien Agent to enforce this Agreement, including the provisions hereof relating to Lien priority.
Appears in 1 contract
Perfection; Contesting Liens. Each Secured Creditor shall be solely responsible for perfecting and maintaining the perfection of its Lien in the Collateral in which such Secured Creditor has been granted a Lien. The foregoing provisions of this Agreement are intended solely to govern the respective Lien priorities as among the Secured Creditors and shall not impose on any Secured Creditor any obligations in respect of the Disposition of proceeds of any Collateral that would conflict with prior perfected claims therein in favor of any other Person or any order or decree of any court or governmental authority or any applicable law. Each Secured Creditor agrees that it will not institute or join in any contest of the validity, perfection, priority or enforceability of the Liens of the other Secured Creditor in the Collateral or the enforceability of the First Lien Obligations, the Second Lien Obligations or the Second Third Lien Obligations; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, the Second Lien Agent or the Second Third Lien Agent to enforce this Agreement, including the provisions hereof relating to Lien priority.
Appears in 1 contract
Perfection; Contesting Liens. Each Secured Creditor shall be solely responsible for perfecting and maintaining the perfection of its Lien in the Collateral in which such Secured Creditor has been granted a Lien. The foregoing provisions of this Agreement Section 3 are intended solely to govern the respective Lien priorities as among the Secured Creditors and shall not impose on any Secured Creditor any obligations in respect of the Disposition of proceeds of any Collateral that would conflict with prior perfected claims therein in favor of any other Person or any order or decree of any court or governmental authority or any applicable law. Each Secured Creditor agrees that it will not institute or join in any contest of the validity, perfection, priority or enforceability of the Liens of the other Secured Creditor in the Collateral or the enforceability of the First Lien Obligations or the Second Lien Obligations; provided that that, nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent Holder or the Second Lien Agent Holder to enforce this Agreement, including the provisions hereof relating to Lien priority.
Appears in 1 contract
Sources: Intercreditor and Non Disturbance Agreement (POSITIVEID Corp)
Perfection; Contesting Liens. Each No Secured Creditor shall be solely responsible for perfecting and maintaining the perfection of its any other Secured Creditor’s Lien in the Collateral in which such Secured Creditor has been granted a Lien. The foregoing provisions of this Agreement are intended solely to govern the respective Lien priorities as among the Secured Creditors and shall not impose on any Secured Creditor any obligations in respect of the Disposition of proceeds of any Collateral that would conflict with prior perfected claims therein in favor of any other Person or any order or decree of any court or governmental authority or any applicable law. Each Secured Creditor agrees that it will not institute or join in any contest of the validity, perfection, priority or enforceability of the Liens of the any other Secured Creditor in the Collateral or the enforceability of the First Lien Obligations or the Second Lien Obligations; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent or the Second Lien Agent to enforce this Agreement, including the provisions hereof relating to Lien priority.
Appears in 1 contract
Sources: Intercreditor Agreement (Interhealth Facility Transport, Inc.)