Permitted Enforcement Action. The restriction in clause 5.4 (Restrictions on Enforcement Action) will not apply to the Mezzanine Finance Parties if:-
Permitted Enforcement Action. The restriction in clause 6.4 (Restrictions on Enforcement Action) will not apply to the Subordinated Lenders if:
Permitted Enforcement Action. The restrictions in Clause 6.4 (Restriction on Enforcement Action) will not apply to the High Yield Notes Funding Lenders taking Enforcement Action against Xxxxxxx SAS in respect of payments which are due but unpaid under the High Yield Notes Funding Loans if:
Permitted Enforcement Action. (a) If (i) the Permitted Payments described in subpart (a) of the definition of Permitted Payments shall not be paid when due in accordance with the terms of the Subordinated Lender Documents (a "Monetary Default"), (ii) such Monetary Default shall continue for one hundred eighty (180) consecutive days, and (iii) the Subordinated Lenders shall not have been made whole with respect to such missed Permitted Payments (together with interest thereon at a rate per annum of two percent (2%) in excess of the Prime Rate of KeyBank National Association, as in effect from time to time) within five (5) days after the one hundred eightieth (180th) day after the Monetary Default, then Permitted Enforcement Actions may be commenced.
Permitted Enforcement Action. The restriction in Clause 3.4 (Restriction on Enforcement Action) will not apply to the Intra-Group Creditor if:-
Permitted Enforcement Action. Fundamental Event of Default
Permitted Enforcement Action. Senior Event of Default) will not apply to the Senior Finance Parties if:
Permitted Enforcement Action. RPM Liabilities) and 11.2 (Exercise of rights), until after the Senior Discharge Date:
Permitted Enforcement Action. Senior Event of Default):
Permitted Enforcement Action. Fundamental Event of Default), it shall take instruction from the Instructing Creditor as contemplated by paragraph (a) above without any restriction contemplated by clause 3.3 (Restrictions on Enforcement Action: Senior Liabilities), clause 3.4 (Permitted Enforcement Action: Senior Event of Default) or paragraph (b) above.
