Common use of Prohibition on Contesting Liens; No Marshalling Clause in Contracts

Prohibition on Contesting Liens; No Marshalling. Each of the Pari Tranche Collateral Agent, for itself and on behalf of each Pari Tranche Claimholder, and the Credit Agreement Collateral Agent, for itself and on behalf of each Credit Agreement Claimholder, agrees that it will not (and hereby waives any right to) directly or indirectly contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, perfection, extent or enforceability of a Lien held, or purported to be held, by or on behalf of any of the Credit Agreement Claimholders in the Credit Agreement Collateral or by or on behalf of any of the Pari Tranche Claimholders in the Pari Tranche Collateral, as the case may be, or the provisions of this Agreement; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the Credit Agreement Collateral Agent or any Credit Agreement Claimholder to enforce this Agreement, including the provisions of this Agreement relating to the priority of the Liens securing the Credit Agreement Obligations as provided in Sections 2.1 and 3.1. Until the Discharge of Credit Agreement Obligations, neither the Pari Tranche Collateral Agent nor any Pari Tranche Claimholder will assert any marshaling, appraisal, valuation or any other similar right.

Prohibition on Contesting Liens; No Marshalling. Each of the Pari Tranche Second Lien Collateral Agent, for itself and on behalf of each Pari Tranche Second Lien Claimholder, and the Credit Agreement First Lien Collateral Agent, for itself and on behalf of each Credit Agreement First Lien Claimholder, agrees that it will not (and hereby waives any right to) directly or indirectly contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, perfection, extent or enforceability of a Lien held, or purported to be held, by or on behalf of any of the Credit Agreement First Lien Claimholders in the Credit Agreement First Lien Collateral or by or on behalf of any of the Pari Tranche Second Lien Claimholders in the Pari Tranche Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the Credit Agreement First Lien Collateral Agent or any Credit Agreement First Lien Claimholder to enforce this Agreement, including the provisions of this Agreement relating to the priority of the Liens securing the Credit Agreement First Lien Obligations as provided in Sections 2.1 and 3.1. Until the Discharge of Credit Agreement First Lien Obligations, neither the Pari Tranche Second Lien Collateral Agent nor any Pari Tranche Second Lien Claimholder will assert any marshaling, appraisal, valuation or any other similar rightright that may otherwise be available to a junior secured creditor.

Prohibition on Contesting Liens; No Marshalling. Each of (a) the Pari Tranche Third Lien Claimholder, (b) the Second Lien Collateral Agent, for itself and on behalf of each Pari Tranche Claimholder, Second Lien Claimholder and (c) the Credit Agreement First Lien Collateral Agent, for itself and on behalf of each Credit Agreement First Lien Claimholder, agrees that it will not (and hereby waives any right to) directly or indirectly contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, perfection, extent perfection or enforceability of a Lien held, or purported to be held, in any Collateral by or on behalf of any of the Credit Agreement First Lien Claimholders, by or on behalf of any of the Second Lien Claimholders in the Credit Agreement Collateral or by or on behalf of any of the Pari Tranche Claimholders in the Pari Tranche CollateralThird Lien Claimholder, as the case may be, or the provisions of this Agreement; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the Credit Agreement Controlling Collateral Agent or any Credit Agreement Controlling Claimholder to enforce this Agreement, including the provisions of this Agreement relating to the priority of the Liens securing the Credit Agreement Controlling Obligations as provided in Sections 2.1 and 3.1. Until the Discharge of Credit Agreement Controlling Obligations, neither the Pari Tranche no Subordinated Collateral Agent nor any Pari Tranche Subordinated Claimholder will shall assert any marshaling, appraisal, valuation or any other similar rightright that may otherwise be available to a junior secured creditor.

Prohibition on Contesting Liens; No Marshalling. Each of the Pari Tranche Second Lien Collateral Agent, for itself and on behalf of each Pari Tranche Second Lien Claimholder, and the Credit Agreement First Lien Collateral Agent, for itself and on behalf of each Credit Agreement First Lien Claimholder, agrees that it will not (and hereby waives any right to) directly or indirectly contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, perfection, extent or enforceability of a Lien held, or purported to be held, by or on behalf of any of the Credit Agreement First Lien Claimholders in the Credit Agreement First Lien Collateral or by or on behalf of any of the Pari Tranche Second Lien Claimholders in the Pari Tranche Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the Credit Agreement First Lien Collateral Agent or any Credit Agreement First Lien Claimholder to enforce this Agreement, including the provisions of this Agreement relating to the priority of the Liens securing the Credit Agreement First Lien Obligations as provided in Sections 2.1 and 3.1. Until the Discharge of Credit Agreement First Lien Obligations, neither the Pari Tranche Second Lien Collateral Agent nor any Pari Tranche Second Lien Claimholder will assert (and the Second Lien Collateral Agent and any Second Lien Claimholder hereby waives any right to assert) any marshaling, appraisal, valuation or any other similar rightright that may otherwise be available to a junior secured creditor.

Prohibition on Contesting Liens; No Marshalling. Each of the Pari Tranche Second Lien Collateral Agent, for itself and on behalf of each Pari Tranche Second Lien Claimholder, and the Credit Agreement First Lien Collateral Agent, for itself and on behalf of each Credit Agreement First Lien Claimholder, agrees that it will not (and hereby waives any right to) directly or indirectly contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, perfection, extent or enforceability of a Lien held, or purported to be held, by or on behalf of any of the Credit Agreement First Lien Claimholders in the Credit Agreement First Lien Collateral or by or on behalf of any of the Pari Tranche Second Lien Claimholders in the Pari Tranche Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the Credit Agreement First Lien Collateral Agent or any Credit Agreement First Lien Claimholder to enforce any provision of this Agreement, including the provisions of this Agreement relating to the priority of the Liens securing the Credit Agreement Obligations as provided in Sections 2.1 and 3.1. Until the Discharge of Credit Agreement First Lien Obligations, neither the Pari Tranche Second Lien Collateral Agent nor any Pari Tranche Second Lien Claimholder will assert (and the Second Lien Collateral Agent and any Second Lien Claimholder hereby waives any right to assert) any marshaling, appraisal, valuation or any other similar rightright that may otherwise be available to a junior secured creditor.

Prohibition on Contesting Liens; No Marshalling. Each of the Pari Tranche Second Lien Collateral Agent, for itself and on behalf of each Pari Tranche Second Lien Claimholder, and the Credit Agreement First Lien Collateral Agent, for itself and on behalf of each Credit Agreement First Lien Claimholder, agrees that it will not (and hereby waives any right to) directly or indirectly contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, perfection, extent or enforceability of a Lien held, or purported to be held, by or on behalf of any of the Credit Agreement First Lien Claimholders in the Credit Agreement First Lien Collateral or by or on behalf of any of the Pari Tranche Second Lien Claimholders in the Pari Tranche Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the Credit Agreement First Lien Collateral Agent or any Credit Agreement First Lien Claimholder to enforce this Agreement, including the provisions of this Agreement relating to the priority of the Liens securing the Credit Agreement First Lien Obligations as provided in Sections 2.1 and 3.1. Until the Discharge of Credit Agreement the First Lien Obligations, neither the Pari Tranche Second Lien Collateral Agent nor any Pari Tranche Second Lien Claimholder will assert any marshaling, appraisal, valuation or any other similar rightright that may otherwise be available to a junior secured creditor.