Proof of Claim. Subject to the restrictions set forth in this Agreement, in the event of any Insolvency Proceeding involving any Obligor or any property of any Obligor, Second Lien Agent shall retain the right to vote with respect to the Second Lien Indebtedness. If Second Lien Agent or any Second Lien Lender does not file a proper claim or proof of debt or other document or amendment thereof in the form required in any Insolvency Proceeding prior to 5 days before the expiration of time to file such claim or other document or amendment thereof, then First Lien Agent or First Lien Co-Agent shall have the right (but not the obligation) in any such Insolvency Proceeding, and Second Lien Agent, on behalf of itself and each Second Lien Lender, hereby irrevocably appoints each of First Lien Agent and First Lien Co-Agent as Second Lien Agent's and Second Lien Lenders' lawful attorney in fact, to file and prove all claims therefor.
Appears in 3 contracts
Samples: Support Agreement (Salton Inc), Support Agreement (Salton Inc), Support Agreement (Salton Inc)
Proof of Claim. Subject to the restrictions set forth in this Agreement, in the event of any Insolvency Proceeding involving in respect of any Obligor or any property of any Obligor, the Second Lien Agent shall retain the right to vote with respect to the Second Lien Indebtedness. If the Second Lien Agent or any Second Lien Lender does not file a proper legally sufficient claim or proof of debt or other document or amendment thereof in the form required in any such Insolvency Proceeding prior to 5 days before the expiration of time to file such claim or other document or amendment thereof, then the First Lien Agent or First Lien Co-Agent shall have the right (but not the obligation) in any such Insolvency Proceeding, and the Second Lien Agent hereby irrevocably appoints the First Lien Agent as the Second Lien Agent, on behalf of itself ’s and each Second Lien Lender, hereby irrevocably appoints each of First Lien Agent and First Lien Co-Agent as Second Lien Agent's and the Second Lien Lenders' ’ lawful attorney in fact, to file and prove all claims therefor.
Appears in 1 contract
Samples: Intercreditor Agreement (Oxford Resource Partners LP)
Proof of Claim. Subject to the restrictions set forth in this Agreement, in the event of any Insolvency Proceeding involving any Obligor or any property of any Obligor, Second Lien Agent shall retain the right to vote on behalf of Second Lien Lenders with respect to the Second Lien Indebtedness. If Second Lien Agent or any Second Lien Lender does not file a proper claim or proof of debt or other document or amendment thereof in the form required in any Insolvency Proceeding prior to 5 days before the expiration of time to file such claim or other document or amendment thereof, then First Lien Agent or First Lien Co-Agent shall have the right (but not the obligation) in any such Insolvency Proceeding, and Second Lien Agent, on behalf of itself and each Second Lien Lender, hereby irrevocably appoints each of First Lien Agent and First Lien Co-Agent as Second Lien Agent's and Second Lien Lenders' lawful attorney in fact, to file and prove all claims therefor.
Appears in 1 contract
Samples: Intercreditor Agreement (Salton Inc)
Proof of Claim. Subject to the restrictions set forth in this Agreement, in the event of any Insolvency Proceeding involving in respect of any Obligor or any property of any Obligor, Second Lien Agent shall retain the right to vote with respect to the Second Lien Indebtedness. If Second Lien Agent or any Second Lien Lender does not file a proper legally sufficient claim or proof of debt or other document or amendment thereof in the form required in any such Insolvency Proceeding prior to 5 days before the expiration of time to file such claim or other document or amendment thereof, then First Lien Agent or First Lien Co-Agent shall have the right (but not the obligation) in any such Insolvency Proceeding, and Second Lien Agent, on behalf of itself and each Second Lien Lender, Agent hereby irrevocably appoints each of First Lien Agent and First Lien Co-Agent as Second Lien Agent's ’s and Second Lien Lenders' ’ lawful attorney in fact, to file and prove all claims therefor.
Appears in 1 contract