Common use of Prohibition on Contesting Liens Clause in Contracts

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

Appears in 4 contracts

Samples: First Lien Credit Agreement (Emdeon Inc.), Second Lien Credit Agreement (Emdeon Inc.), First Lien Credit Agreement (Emdeon Inc.)

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

Appears in 3 contracts

Samples: Credit Agreement (Carmike Cinemas Inc), Intercreditor Agreement (American Reprographics CO), Credit and Guaranty Agreement (Carmike Cinemas Inc)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, Agent (for itself and on behalf of each of the Second Lien Secured Parties, Claimholder) and the First Lien Collateral Agent, Agent (for itself and on behalf of each of the First Lien Secured Parties, Claimholder) agrees that it shall not (and hereby waives any right to) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity or enforceability of a Lien held by or on behalf of any of the First Lien Secured Parties Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Secured Parties Claimholders in the Second Lien Collateral, as the case may be; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Collateral Agent or any First Lien Secured Parties Claimholder to enforce this Agreement, including the priority of the Liens securing the First Lien Obligations as provided in Sections 2.1 2.01 and 3.13.01.

Appears in 2 contracts

Samples: Intercreditor Agreement (Prospect Medical Holdings Inc), Intercreditor Agreement (Prospect Medical Holdings Inc)

Prohibition on Contesting Liens. Each of the Second Lien Collateral AgentAuthorized Representatives, for itself and on behalf of each of the its Second Lien Secured Parties, and the First Lien Collateral Agent, for itself and on behalf of each of the First Lien Secured Parties, agrees that it shall not (and hereby waives any right to) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priorityvalidity, validity extent, perfection, priority or enforceability of a any Lien securing the First Lien Obligations held (or purported to be held) by or on behalf of any of the First Lien Secured Parties in the First Lien Collateral Agent, any First Lien Authorized Representative or by other agent or on behalf of trustee therefor or any of the Second First Lien Secured Parties Party in the Second any First Lien Collateral. Notwithstanding anything to the contrary contained in this Agreement, as the case may be; provided that nothing no provision in this Agreement shall be construed to prevent or impair the rights of the First Lien Collateral Agent or any First Lien Secured Parties Authorized Representative to enforce this Agreement, Agreement (including the priority of the Liens securing the First Lien Obligations as provided in Sections 2.1 and 3.1Section 2.01) or any of the First Lien Documents.

Appears in 2 contracts

Samples: Credit Agreement (SemGroup Corp), Continuing Covenant Agreement (SemGroup Corp)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each of the Second Lien Secured Parties, and the First Lien Collateral Agent, for itself and on behalf of each of the First Lien Secured Parties, agrees that it shall not (and hereby waives any right to) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity or enforceability of a Lien held by or on behalf of any of the First Lien Secured Parties in the First Lien Collateral or by or on behalf of any of the Second Lien Secured Parties in the Second Lien Collateral, as the case may be; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Collateral Agent, any First Lien Secured Parties, the Second Lien Agent or any First Second Lien Secured Parties to enforce this Agreement, including the priority of the Liens securing the First Lien Obligations and the Second Lien Obligations as provided in Sections 2.1 and 3.13.1 of this Agreement.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Inverness Medical Innovations Inc), First Lien Credit Agreement (Inverness Medical Innovations Inc)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Administrative Agent, for itself and on behalf of each of the Second Lien Secured PartiesParty, and the First Lien Collateral Administrative Agent, for itself and on behalf of each of the First Lien Secured PartiesParty, agrees that it shall not (and hereby waives any right to) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity or enforceability of a Lien held by or on behalf of any of the First Lien Secured Parties in the First Lien Collateral or by or on behalf of any of the Second Lien Secured Parties in the Second Lien Collateral, as the case may be; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Collateral Administrative Agent or any First Lien Secured Parties Party to enforce this Agreement, including the priority of the Liens securing the First Lien Obligations Obligations, as provided in Sections 2.1 and 3.1.

Appears in 2 contracts

Samples: First Lien Credit Agreement (PGA Holdings, Inc.), First Lien Credit Agreement (PGA Holdings, Inc.)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each of the Second Lien Secured PartiesParty, and the First Lien Collateral Administrative Agent, for itself and on behalf of each of the First Lien Secured PartiesParty, agrees that it shall will not (and hereby waives any right to) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the perfection, priority, attachment, validity or enforceability of a Lien held by or on behalf of any of the First Lien Secured Parties in the First Lien Collateral or by or on behalf of any of the Second Lien Secured Parties in the 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 First Lien Collateral Agent or any First Lien Secured Parties Party or any Second Lien Secured Party to enforce this Agreement, including the provisions of this Agreement relating to the priority of the Liens securing the First Lien Obligations as provided in Sections 2.1 and 3.1.

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (Mohegan Tribal Gaming Authority)

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

Appears in 1 contract

Samples: Intercreditor Agreement (Edgen Murray LTD)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each of the Second Lien Secured PartiesParty, and the First Lien Collateral Agent, for itself and on behalf of each of the First Lien Secured PartiesParty, agrees that it shall not (and hereby waives any right to) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity or enforceability of a Lien held by or on behalf of any of the First Lien Secured Parties in the First Lien Collateral or by or on behalf of any of the Second Lien Secured Parties in the Second Lien Collateral, as the case may be; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Collateral Agent or any First Lien Secured Parties Party to enforce this Agreement, including the priority of the Liens securing the First Lien Obligations as provided in Sections 2.1 and 3.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Revel Entertainment Group, LLC)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each of the Second Lien Secured PartiesClaimholder, and the First Lien Collateral Agent, for itself and on behalf of each of the First Lien Secured PartiesClaimholder, agrees that it 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 or enforceability of a Lien held by or on behalf of any of the First Lien Secured Parties Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Secured Parties Claimholders in the Second Lien Collateral, as the case may be; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Collateral Agent or any First Lien Secured Parties Claimholder to enforce this Agreement, including the priority of the Liens securing the First Lien Obligations as provided in Sections 2.1 and 3.1.

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

Appears in 1 contract

Samples: Intercreditor Agreement (Neff Rental Inc)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each of the Second Lien Secured PartiesParty, and the First Lien Collateral Agent, for itself and on behalf of each of the First Lien Secured PartiesParty, agrees that it shall not (and hereby waives any right to) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity or enforceability of a Lien held by or on behalf of any of the First Lien Secured Parties in the First Lien Collateral or by or on behalf of any of the Second Lien Secured Parties in the Second Lien Collateral, as the case may be; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Collateral Agent or any First Lien Secured Parties to enforce this Agreement, including the priority of the Liens securing the First Lien Obligations as provided in Sections 2.1 and 3.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Terremark Worldwide Inc)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each of the Second Lien Secured Parties, and the First Lien Collateral Agent, for itself and on behalf of each of the First Lien Secured Parties, agrees that it shall not (and hereby waives any right to) take any action to challenge or contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), (a) the priority, validity or enforceability of a Lien held by or on behalf of any of the First Lien Secured Parties in the First Lien Collateral or by or on behalf of any of the Second Lien Secured Parties in the Collateral, as the case may be, or (b) the relative rights and duties of the holders of the First Lien Obligations and the Second Lien CollateralObligations granted and established in this Agreement or in the First Lien Security Documents or the Second Lien Documents, as the case may be; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Collateral Agent or any First Lien Secured Parties Party to enforce this Agreement, including the priority of the Liens securing the First Lien Obligations as provided in Sections 2.1 and 3.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Penson Worldwide Inc)

Prohibition on Contesting Liens. Each of the Second Lien Collateral AgentSecured Party, for itself and on behalf of each of the Second Lien Secured PartiesClaimholdcr, and the First Lien Collateral AgentSecured Party, for itself and on behalf of each of the First Lien Secured PartiesClaimholder, agrees that it shall will not (and hereby waives any right to) contest or support any other Person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity validity, perfection or enforceability of a any Lien held by or on behalf of any of the First Lien Secured Parties Claimholders in the First Lien Collateral or by or on behalf of any of the Second Lien Secured Parties Claimholders in the 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 First Lien Collateral Agent Secured Party or any First Lien Secured Parties Claimholder to enforce this Agreement, including the provisions of this Agreement relating to the priority of the Liens securing the First Lien Obligations as provided in Sections 2.1 and 3.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Tensar Corp)

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

Appears in 1 contract

Samples: Intercreditor Agreement (American Apparel, Inc)

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

Appears in 1 contract

Samples: Intercreditor Agreement (iPCS, INC)

Prohibition on Contesting Liens. Each of the Second Lien Collateral Agent, for itself and on behalf of each of the other Second Lien Secured PartiesParty, and the First Lien Collateral Agent, for itself and on behalf of each of the other First Lien Secured PartiesParty, agrees that it shall not (and hereby waives any right to) contest or support any other Person person in contesting, in any proceeding (including any Insolvency or Liquidation Proceeding), the priority, validity or enforceability of a any Lien held by or on behalf of any of the First Lien Secured Parties in the First Lien Collateral or by or on behalf of any of the Second Lien Secured Parties in the Second Lien Collateral, as the case may be; provided that nothing in this Agreement shall be construed to prevent or impair the rights of the First Lien Collateral Agent or any other First Lien Secured Parties Party to enforce this Agreement, including the priority of the Liens securing the First Lien Obligations as provided in Sections 2.1 2.01 and 3.13.01.

Appears in 1 contract

Samples: Intercreditor Agreement (Atp Oil & Gas Corp)

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