Common use of Prohibition on Contesting Liens Clause in Contracts

Prohibition on Contesting Liens. Each of Second Lien Agent, for itself and on behalf of each Second Lien Claimholder, and First Lien Agent, for itself and on behalf of each 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 Proceeding), the priority, validity, or enforceability of a Lien held by or on behalf of any First Lien Claimholders in the First Lien Collateral or by or on behalf of any Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however that nothing in this Agreement shall be construed to prevent or impair the rights of First Lien Agent, any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 3.

Appears in 4 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Hutchinson Technology Inc), Intercreditor Agreement (Hutchinson Technology Inc)

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Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each Second Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the perfection, priority, validity, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Collateral Agent, any First Lien Claimholder, the Second Lien Collateral Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Liens securing the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Intercreditor Agreement (Bz Intermediate Holdings LLC), Counterpart Agreement (Arizona Chemical Ltd.)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each Second Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the perfection, priority, validity, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 3 contracts

Samples: Intercreditor Agreement (IPC Systems Holdings Corp.), Intercreditor Agreement (Day International Group Inc), Intercreditor Agreement (Autocam Corp/Mi)

Prohibition on Contesting Liens. Each of Second Lien Agentthe Subordinated Collateral Trustee, for itself and on behalf of each Second Subordinated Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, perfection or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any Second of the Subordinated Lien Claimholders in the Second Subordinated Lien Collateral, as the case may be, or the provisions of this Agreement; providedprovided that, however that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 2 contracts

Samples: First and Subordinated Lien Intercreditor Agreement (CVR Energy Inc), First and Subordinated Lien Intercreditor Agreement (CVR Energy Inc)

Prohibition on Contesting Liens. Each of the Second Lien Agent, for itself and on behalf of each Second Lien ClaimholderSecured Parties, and the First Lien Agent, for itself and on behalf of each First Lien ClaimholderSecured Parties, agrees that it will shall not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders Secured Parties in the First Lien Collateral or by or on behalf of any Second Lien Claimholders in of the Second Lien Secured Parties in the Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, any First Lien ClaimholderSecured Parties, the Second Lien Agent, Agent or any Second Lien Claimholder Secured Parties to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1 of this Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement (Inverness Medical Innovations Inc), Intercreditor Agreement (Inverness Medical Innovations Inc)

Prohibition on Contesting Liens. Each of Second Lien AgentTrustee, for itself and on behalf of each Second Lien Claimholder, and First Lien Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, or support any other Person person in contesting, in any proceeding (including any Insolvency Proceeding), the priority, validity, extent, perfection or enforceability of a Lien held by or on behalf of any First Lien Claimholders in the First Lien Collateral or by or on behalf of any Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however that nothing in this Agreement shall be construed to prevent or impair the rights of First Lien Agent, any First Lien Claimholder, Second Lien AgentTrustee, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 3.

Appears in 2 contracts

Samples: Intercreditor Agreement (Saratoga Resources Inc /Tx), Intercreditor Agreement (Saratoga Resources Inc /Tx)

Prohibition on Contesting Liens. Each of Second Lien Collateral Agent, for itself and on behalf of each Second Lien ClaimholderCreditor, and First Lien Agent, for itself and on behalf of each First Lien ClaimholderCreditor, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, or support any other Person person in contesting, in any proceeding (including any Insolvency Proceeding), the priority, validity, extent, perfection or enforceability of a Lien held by or on behalf of any First Lien Claimholders Creditors in the First Lien Collateral or by or on behalf of any Second Lien Claimholders Creditors in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however that nothing in this Agreement shall be construed to prevent or impair the rights of First Lien Agent, any First Lien ClaimholderCreditor, Second Lien Collateral Agent, or any Second Lien Claimholder Creditor to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 3.

Appears in 2 contracts

Samples: Intercreditor Agreement (Interface Security Systems, L.L.C.), Intercreditor Agreement (Interface Security Systems Holdings Inc)

Prohibition on Contesting Liens. Each of the Second Lien AgentAgents, for itself and on behalf of each of its applicable Second Lien ClaimholderClaimholders, and the First Lien Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to)) contest or support, directly solicit or indirectly, contest, or support encourage any other Person in contesting, in any proceeding (including any Insolvency Proceeding), the priority, validity, perfection or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Agent (acting at the direction of the First Lien Credit Facility Representative) or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Senior Intercreditor and Subordination Agreement (Cit Group Inc)

Prohibition on Contesting Liens. Each of Second Lien AgentTrustee, for itself and on behalf of each Second Lien Claimholder, and First Lien AgentLender, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, or support any other Person person in contesting, in any proceeding (including any Insolvency Proceeding), the priority, validity, extent, perfection or enforceability of a Lien held by or on behalf of any First Lien Claimholders in the First Lien Collateral or by or on behalf of any Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however however, that nothing in this Agreement shall be construed to prevent or impair the rights of First Lien AgentLender, any First Lien Claimholder, Second Lien AgentTrustee, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 3.

Appears in 1 contract

Samples: Intercreditor Agreement (Platinum Energy Solutions, Inc.)

Prohibition on Contesting Liens. Each of the Second Lien AgentTrustee, for itself and on behalf of each Second Lien Claimholder, and the First Lien Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validityperfection, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Agent or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Protection One Alarm Monitoring Inc)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each other Second Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each other First Lien Claimholder, agrees that it will not (and hereby waives any right to), ) directly or indirectly, contest, 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 held, or purported to be held, by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any other First Lien Claimholder, Claimholder or the Second Lien Agent, Collateral Agent or any other Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Nauticus Robotics, Inc.)

Prohibition on Contesting Liens. Each of the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, and the Second Lien Collateral Agent, for itself and on behalf of each Second Lien Claimholder, and First Lien Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to)) contest or support, directly or indirectly, contest, or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the perfection, priority, validity, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in all or any part of the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in all or any part of the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any First Lien Claimholder, Claimholder or the rights of the Second Lien Agent, Collateral Agent or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 2.1, 3.1 and 33.2.

Appears in 1 contract

Samples: Intercreditor Agreement (Stanadyne Holdings, Inc.)

Prohibition on Contesting Liens. Each of Second Lien Agent, for itself and on behalf of each Second Lien Claimholder, and the First Lien Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency Proceeding), the priority, validity, enforceability, perfection or enforceability priority (as set forth in Section 2.1) of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Agent or any First Lien Claimholder, Claimholder or of the Second Lien Agent, Agent or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections Section 2.1 and 3the provisions related to enforcement in Section 3.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Rite Aid Corp)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each Second Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Spanish Broadcasting System Inc)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each Second Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will shall not (and hereby waives any right to), ) directly or indirectly, contest, indirectly contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Intercreditor Agreement (AMERICAN EAGLE ENERGY Corp)

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Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each Second Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will shall 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, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1, and release of the Liens encumbering Second Lien Collateral as provided in Section 5.

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (Krispy Kreme Doughnuts Inc)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each Second Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding)) or otherwise, the perfection, priority, validity, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Security Agreement (X Rite Inc)

Prohibition on Contesting Liens. Each of Second the Parity Lien Collateral Agent, for itself and on behalf of each Second Parity Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the perfection, priority, validity, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any Second of the Parity Lien Claimholders in any of the Second Parity Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Danielson Holding Corp)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each Second Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding)) or otherwise, the priority, validity, perfection or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any First Lien Claimholder, Claimholder or the Second Lien Agent, Collateral Agent or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Butler International Inc /Md/)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each Second Lien Claimholder, and the First Lien Collateral Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, validity or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Collateral Agent or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 2.01 and 33.01.

Appears in 1 contract

Samples: Intercreditor Agreement

Prohibition on Contesting Liens. Each of The Second Lien Agent, for itself and on behalf of each Second Lien Claimholder, and First Lien Agent, for itself and on behalf of each 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 Proceeding), the priority, validity, extent, perfection or enforceability of a Lien held by or on behalf of any First Lien Claimholders in the First Lien Collateral or by or on behalf of any Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however that nothing in this Agreement shall be construed to prevent or impair the rights of First Lien Agent, any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 3.

Appears in 1 contract

Samples: Intercreditor Agreement (Starboard Resources, Inc.)

Prohibition on Contesting Liens. Each of Second Lien Agent, for itself and on behalf of each Second Lien Claimholder, and each First Lien Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency Proceeding), the priority, validity, perfection or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Agents or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Intercreditor Agreement

Prohibition on Contesting Liens. Each of the Second Lien Administrative Agent, for itself and on behalf of each Second Lien Claimholder, and the First Lien Administrative Agent, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, perfection or enforceability of a Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Administrative Agent or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Erickson Air-Crane Inc)

Prohibition on Contesting Liens. Each of the Second Lien AgentSecured Party, for itself and on behalf of each Second Lien ClaimholderClaimholdcr, and the First Lien AgentSecured Party, for itself and on behalf of each First Lien Claimholder, agrees that it will not (and hereby waives any right to), directly or indirectly, contest, ) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity, perfection or enforceability of a any Lien held by or on behalf of any of the First Lien Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Claimholders in the Second Lien Collateral, as the case may be, or the provisions of this Agreement; provided, however provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Agent, Secured Party or any First Lien Claimholder, Second Lien Agent, or any Second Lien Claimholder to enforce the terms of this Agreement, including the provisions of this Agreement relating to the respective priorities priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 33.1.

Appears in 1 contract

Samples: Tensar Intercreditor Agreement (Tensar Corp)

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