Common use of Relative Rights Clause in Contracts

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this Indenture, the Notes, the Parent Guarantee and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or

Appears in 3 contracts

Samples: Indenture (CAESARS ENTERTAINMENT Corp), Indenture (CAESARS ENTERTAINMENT Corp), Indenture (Harrahs Entertainment Inc)

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Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements shall define the relative rights, as lienholders, of holders of First Priority Liens, Note Obligations and Other Second-Lien Obligations on the one hand and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligationson the other hand. Nothing in this Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders of NotesHolders, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantee, the Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx sxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor Obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case Bankruptcy Case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or (viii) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the Intercreditor Agreements).

Appears in 3 contracts

Samples: Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements shall define the relative rights, as lienholders, of holders of First Priority Liens, Note Obligations and Other Second-Lien Obligations on the one hand and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligationson the other hand. Nothing in this Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders of NotesHolders, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantee, the Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx sue for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor Obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case Bankruptcy Case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or (viii) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the Intercreditor Agreements).

Appears in 3 contracts

Samples: Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define governs the relative rightsrights and remedies, as lienholders, of holders of First Priority Liens, among holders of Liens securing First First- Priority Lien Obligations. The Super Priority Intercreditor Agreement (if any) will govern the relative rights and remedies among holders of Liens securing First-Priority Obligations and holders of Liens securing Junior Indebtedness Incurred under any Super Priority ObligationsFacility. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Issuers and holders of Notes, the obligation of the Issuer, Issuers which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor under this Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder to xxx sue for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the First-Priority Collateral Agent or any holder from exercising against the Issuer Issuers or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the First-Priority Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the First Lien Intercreditor Agreement).

Appears in 2 contracts

Samples: Indenture (Exela Technologies, Inc.), Restructuring Support Agreement (Exela Technologies, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement shall define the relative rights, as lienholders, of holders of First Priority Liens, Securities Obligations and Other Second-Lien Obligations on the one hand and holders of Liens securing First First-Priority Lien Obligations and holders of Liens securing Junior Priority Obligationson the other hand. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of NotesHolders, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx sue for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor Obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case Bankruptcy Case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or (viii) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the Intercreditor Agreement).

Appears in 2 contracts

Samples: Indenture (Aeroways, LLC), Indenture (Cke Restaurants Inc)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Second Priority Liens, Liens and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this Indenture, the Notes, the Parent Guarantee and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or

Appears in 2 contracts

Samples: Indenture (Harrahs Entertainment Inc), Indenture (Harrahs Entertainment Inc)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Security Agreement will: (a) impair, as between the Issuer Company and holders of NotesHolders, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor Subsidiary Guarantor under this Indenture, the Notes, the Parent Guarantee Subsidiary Guarantees and the any Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Security Agreement; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer Company or any other obligor Subsidiary Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementSecurity Documents); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Company or any obligor Subsidiary Guarantor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against the Company or any obligorSubsidiary Guarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X13; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedingsproceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: : (A) as if it were a holder of unsecured claims; or (B) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case set forth in this clause (B) except as set forth in the Security Agreement).

Appears in 2 contracts

Samples: Indenture (Oppenheimer Holdings Inc), Indenture (Oppenheimer Holdings Inc)

Relative Rights. The First Lien Intercreditor Agreement and after the Second effectiveness thereof, any Junior Lien Intercreditor Agreement define the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Lien Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement (or any Junior Lien Intercreditor Agreement) will: (a) impair, as between the Issuer Company and holders of Notes, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their its terms or to perform any other obligation of the Issuer Company or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder to xxx sue for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second any Junior Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer Company or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case or proceeding as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation case or proceeding involuntarily against any obligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation case or proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation case or proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation case or proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article XXI; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation case or proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedingscase or proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation case or proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or (1) as to any matter relating to any plan of reorganization or other (2) restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the First Lien Intercreditor Agreement or any Junior Lien Intercreditor Agreement).

Appears in 2 contracts

Samples: Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Fourth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Fourth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Holdings, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Eighteenth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Eighteenth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Healthcare, Inc.)

Relative Rights. The First Lien From and after the Escrow Release Date, the Intercreditor Agreement and the Second Lien Intercreditor Agreement shall define the relative rights, as lienholders, of holders of First Priority Liens, Note Obligations and Other Second-Lien Obligations on the one hand and holders of Liens securing First Priority Lien Obligations on the other hand. From and holders of Liens securing Junior Priority Obligations. Nothing after the Escrow Release Date, nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of NotesHolders, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantee, the Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor Obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case Bankruptcy Case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or (viii) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the Intercreditor Agreement).

Appears in 1 contract

Samples: Indenture (Berry Global Group Inc)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Second Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of First Priority Liens securing Junior Priority Obligationsand Parity Liens. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Issuers and holders Holders of Notesthe Securities, the obligation of the IssuerIssuers, which is absolute and unconditional, to pay principal of, premium and interest on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Note Guaranties and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer Issuers or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding Proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Indenture (Verso Paper Holdings LLC)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Fifteenth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Fifteenth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Holdings, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien any Intercreditor Agreement will: (a) impair, as between the Issuer Issuers and holders of NotesHolders, the obligation of the IssuerIssuers, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor Subsidiary Guarantor under this Indenture, the Notes, the Parent Guarantee Guarantees and the any Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer Issuers or any other obligor Subsidiary Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement)Default; or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuers or any obligor Subsidiary Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuers or any obligorSubsidiary Guarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article XFifteen; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Indenture (Clearwire Corp /DE)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Security Agreement will: (a) impair, as between the Issuer Company and holders of NotesHolders, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor Subsidiary Guarantor under this Indenture, the Notes, the Parent Guarantee Subsidiary Guarantees and the any Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Security Agreement; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer Company or any other obligor Subsidiary Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementSecurity Documents); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Company or any obligor Subsidiary Guarantor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against the Company or any obligorSubsidiary Guarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedingsproceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: : (A) as if it were a holder of unsecured claims; or (B) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case set forth in this clause (B) except as set forth in the Security Agreement).

Appears in 1 contract

Samples: Indenture (Oppenheimer Holdings Inc)

Relative Rights. The First Lien New Intercreditor Agreement Agreements and the Second Lien Junior Priority Intercreditor Agreement Agreements will define the relative rights, as lienholders, rights of holders of First Priority Liens, junior Liens and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority ABL Obligations. Nothing in this Indenture Indenture, New Intercreditor Agreements or the First Lien Junior Priority Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien New Intercreditor Agreement Agreements or the Second Lien Junior Priority Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to provided in the First Lien New Intercreditor AgreementAgreements or the Junior Priority Intercreditor Agreements); or (d) restrict the right of the Trustee, the Collateral Agent or any holder:Holder (in each case except as provided in the New Intercreditor Agreements or the Junior Priority Intercreditor Agreements): (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for an order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; oror as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding.

Appears in 1 contract

Samples: Indenture (Momentive Performance Materials Inc.)

Relative Rights. The First (a) Each Holder of Securities, by its acceptance thereof, consents and agrees to the terms of the Security Documents and the Junior Priority Lien Intercreditor Agreement (including, without limitation, the provisions providing for foreclosure and release of Collateral) as the same may be in effect or may be amended from time to time in accordance with their terms and authorizes and directs the Trustee and the Collateral Agent to enter into the Junior Priority Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations other Security Documents to which they are a party and/or any amendments or joinders thereto and holders of Liens securing Junior Priority Obligations. to perform its respective obligations and exercise its respective rights thereunder in accordance therewith. (b) Nothing in this Indenture Indenture, any Security or the First Lien Intercreditor Agreement any Security Document will: (a1) impair, as between the Issuer Issuers and holders the Holders of Notesthe Securities or holder of Parity Lien Obligations, the obligation of the Issuer, which is absolute and unconditional, Issuers to pay principal of, or premium and interest or interest, if any, on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor Obligor under this Indenture, the Notes, the Parent Guarantee and the any Security Documentsor any Security Document; (b2) restrict the right of any Holder of Securities or holder of Parity Lien Obligations to xxx for payments that are then due and owing, owing in a manner not inconsistent with prohibited by the provisions of the First Lien Intercreditor Agreement or the Second Junior Priority Lien Intercreditor Agreement; (c3) restrict or prevent any Holder of Securities or holder of Parity Lien Obligations, the Trustee, the Collateral Agent or other Person on their behalf from exercising any of its rights or remedies upon a Default or Event of Default not prohibited by the Junior Priority Lien Intercreditor Agreement; or (4) restrict or prevent any Holder of Securities or holder of Parity Lien Obligations, the Trustee, the Collateral Agent or any holder other Person on their behalf from exercising against the Issuer or taking any other obligor any of its other available remedies upon lawful action in a Default or Event of Default (other than its rights as a secured partybankruptcy, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which not prohibited by the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; orJunior Priority Lien Intercreditor Agreement.

Appears in 1 contract

Samples: Indenture (Colt Defense Technical Services LLC)

Relative Rights. The First Lien Intercreditor Agreement and the Second Junior Lien Intercreditor Agreement define the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Lien Obligations. Nothing in this Indenture Indenture, the First Lien Intercreditor Agreement or the First Junior Lien Intercreditor Agreement will: (a) impair, as between the Issuer Issuers or any other obligor under this Indenture and holders of Notes, the obligation of the IssuerIssuers, which is are absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Junior Lien Intercreditor Agreement; (c) prevent the Trustee, the First Lien Collateral Agent or any holder from exercising against the Issuer Issuers or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the terms of the First Lien Intercreditor Agreement and the Junior Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the First Lien Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (32) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (43) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (54) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (65) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (76) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: , as if it were a holder of unsecured claims; or;

Appears in 1 contract

Samples: Indenture (Vici Properties Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Twenty-Third Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Twenty-Third Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Healthcare, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Liens securing First-Priority LiensLien Obligations, holders of Liens securing First Priority the Notes Obligations and Other Pari Passu Lien Obligations and holders of Liens securing Junior Priority Lien Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer Issuers and holders of Notes, the obligation of the IssuerIssuers, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor under this Indenture, the Notes, the Parent Guarantee Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien each Intercreditor Agreement; (c) prevent the Trustee, the Notes Collateral Agent or any holder from exercising against the Issuer Issuers or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Notes Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in each Intercreditor Agreement).

Appears in 1 contract

Samples: Indenture (EP Energy Corp)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Ninth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Ninth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Holdings, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement shall define the relative rights, as lienholders, of holders of First Priority Liens, Note Obligations and Other Second-Lien Obligations on the one hand and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligationson the other hand. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of NotesHolders, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantee, the Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor Obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case Bankruptcy Case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding Proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or (viii) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the Intercreditor Agreement).

Appears in 1 contract

Samples: Indenture (Berry Plastics Group Inc)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Tenth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Tenth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Holdings, Inc.)

Relative Rights. The First Pari Passu Intercreditor Agreement defines the relative rights, as lienholders, among holders of Liens securing Second-Priority Lien Obligations and the Senior Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Second-Priority Lien Obligations and holders of Liens securing Junior First-Priority Lien Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer Issuers and holders of Notes, the obligation of the IssuerIssuers, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor under this Indenture, the Notes, the Parent Guarantee Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien each Intercreditor Agreement; (c) prevent the Trustee, the Second Lien Collateral Agent or any holder from exercising against the Issuer Issuers or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Second Lien Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in each Intercreditor Agreement).

Appears in 1 contract

Samples: Indenture (MBOW Four Star, L.L.C.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Twenty-Fourth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Twenty-Fourth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Healthcare, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Twenty-Fifth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Twenty-Fifth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Healthcare, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Eighth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Eighth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Holdings, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Twenty-Eighth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Twenty-Eighth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Healthcare, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define governs the relative rightsrights and remedies, as lienholders, of among the Holders on the one hand, and the lenders or holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior First-Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer Company and holders of NotesHolders, the obligation of the Issuer, Company which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor under this Indenture, the Notes, the Parent Guarantee Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx sue for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Notes Collateral Agent or any holder Holder from exercising against the Issuer Company or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Notes Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X16; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the Intercreditor Agreements).

Appears in 1 contract

Samples: Indenture (Gannett Co., Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define governs the relative rightsrights and remedies, as lienholders, of holders of First Priority Liens, among holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior First-Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of Notes, the obligation of the Issuer, Issuer which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this Indenture, the Notes, the Parent Guarantee Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the First-Priority Collateral Agent or any holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the First-Priority Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the First Lien Intercreditor Agreement).

Appears in 1 contract

Samples: Indenture (Rackspace Technology, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of Second Priority Liens and holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders Holders of Noteseach series of Securities, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes such series of Securities in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx sue for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor Obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding Proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or

Appears in 1 contract

Samples: Indenture (Berry Plastics Holding Corp)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Sixteenth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Sixteenth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Holdings, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement shall define the relative rights, as lienholders, of holders of First Priority Liens, Note Obligations and Other Second-Lien Obligations on the one hand and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligationson the other hand. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of NotesHolders, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor Obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case Bankruptcy Case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding Proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or

Appears in 1 contract

Samples: Indenture (Berry Plastics Corp)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Second-Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior First-Priority ObligationsLiens. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Casella and holders Holders of Notes, the obligation of the IssuerCasella, which is absolute and unconditional, to pay principal of, premium and interest on the Notes in accordance with their terms or to perform any other obligation of the Issuer Casella or any other obligor under this Indenture, the Notes, the Parent Guarantee Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder Holder of Notes to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Second Lien Agent or any holder Holder of Notes from exercising against the Issuer Casella or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured partyparty and certain other rights, which are as more fully set forth in and subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Second Lien Agent or any holderHolder of Notes: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article XTen; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceedings; or (7) except as set forth in the Intercreditor Agreement, otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Indenture (Casella Waste Systems Inc)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define the This Article 13 sets forth certain relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations the Joint Collateral Agent and holders of Liens securing Junior Priority Obligationsthe Credit Facility Agent. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a1) impair, as between the Issuer Company and holders Holders of Notes, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest and Special Interest, if any, on the Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor Obligor under this Indenture, the Notes, the Parent Guarantee and the Security Note Documents; (b2) affect the relative rights of Holders of Notes and holders of Parity Lien Obligations or Credit Facility Obligations and other creditors of the Company or any of its Subsidiaries; (3) restrict the right of any Holder of Notes or any holder of Parity Lien Obligations or Credit Facility Obligations to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c4) prevent the Trustee, the Joint Collateral Agent or the Credit Facility Agent or any Holder of Notes or holder of Parity Lien Obligations or Credit Facility Obligations from exercising against the Issuer Company or any other obligor Obligor any of its other available remedies upon a Default default or Event event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement)default; or (d5) restrict the right of the Trustee, the Joint Collateral Agent or the Credit Facility Agent or any holder: (1) Holder of Notes or holder of Parity Lien Obligations or Credit Facility Obligations to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) Obligor or to makeassert or enforce any claim, support Lien, right or oppose any request for an order for dismissal, abstention or conversion remedy in any voluntary or involuntary bankruptcy case or insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or.

Appears in 1 contract

Samples: Indenture (Hexcel Corp /De/)

Relative Rights. The First Lien Intercreditor Agreement and the Lien/Second Lien Intercreditor Agreement define governs the relative rightsrights and remedies, as lienholders, of holders of Liens securing ABL Obligations compared to the Notes Obligations. Any other First Priority LiensLien/Second Lien Intercreditor Agreement (if entered into) will govern the relative rights and remedies, as lienholders, of holders of Liens securing First Priority certain obligations to the extent set forth therein. The Second Lien/Second Lien Obligations Intercreditor Agreement (if entered into) will govern the respective rights and remedies, as lienholders, of holders of Liens securing Junior Second-Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement Agreements will, except to the extent provided in the Intercreditor Agreements: (a) impair, as between the Issuer and holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the Intercreditor Agreements).

Appears in 1 contract

Samples: Amended and Restated Indenture (Cott Corp /Cn/)

Relative Rights. The First Lien/First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define governs the relative rightsrights and remedies, as lienholders, of holders of First Priority Liens, among holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Note Obligations. Nothing in this Indenture or the First Lien/First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of NotesNoteholder Parties, the obligation of the Issuer, Issuer which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this Indenture, the Notes, the Parent Guarantee Notes and the Security Documents; (b) restrict the right of any holder to xxx sue for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien/First Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien/First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Personperson) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article XXIV; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the First Lien/First Lien Intercreditor Agreement).

Appears in 1 contract

Samples: Indenture (Fresh Market Holdings, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Second-Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior First-Priority ObligationsLiens. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on the Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this the Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder of Notes to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder of Notes from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder of Notes: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Indenture (Hovnanian Enterprises Inc)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define governs the relative rightsrights and remedies, as lienholders, of holders of First Priority Liens, among holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior First-Priority Obligations. Nothing Subject in each case to the Intercreditor Agreement, nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Notes Collateral Agent or any holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement)Default; or (d) restrict the right of the Trustee, the Notes Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding.

Appears in 1 contract

Samples: Indenture (Adtalem Global Education Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define governs the relative rightsrights and remedies, as lienholders, of holders of First Priority Liens, among holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior First-Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of Notes, the obligation of the Issuer, Issuer which is absolute and unconditional, to pay principal of, premium (including, for the avoidance of doubt, the Applicable Premium, if any) and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this Indenture, the Notes, the Parent Guarantee Holdings Guarantee, the Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder to xxx sue for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the First-Priority Collateral Agent or any holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the First-Priority Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the First Lien Intercreditor Agreement).

Appears in 1 contract

Samples: Indenture (Rackspace Technology, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Second Priority Liens, Liens and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Issuers and holders of Notes, the obligation of the IssuerIssuers, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer Issuers or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or

Appears in 1 contract

Samples: Indenture (CAESARS ENTERTAINMENT Corp)

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Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Second Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Second Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Holdings, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define governs the relative rightsrights and remedies, as lienholders, of among the Holders on the one hand, and the lenders under the Remaining Term Loan, on the other hand, with respect to Collateral. After a Permitted Refinancing, the Senior Lien Intercreditor Agreement will govern the relative rights and remedies, as lienholders, among the Holders on the one hand, and the lenders or holders of First Priority Liensunder the Refinancing Facilities, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligationson the other hand, with respect to Collateral. Nothing in this Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer Company and holders of NotesHolders, the obligation of the Issuer, Company which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor under this Indenture, the Notes, the Parent Guarantee Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Notes Collateral Agent or any holder Holder from exercising against the Issuer Company or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Notes Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X16; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the Intercreditor Agreements).

Appears in 1 contract

Samples: Indenture (Gannett Co., Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Second Priority Liens, Liens and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Issuers and holders of Notes, the obligation of the IssuerIssuers, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor under this Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder to xxx sxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer Issuers or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or

Appears in 1 contract

Samples: Indenture (Quality Distribution Inc)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Guarantee and Collateral Agreement will: (a) impair, as between the Issuer and holders of NotesHolders, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Indenture, the Notes, the Parent Guarantee Guarantees and the any Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Guarantee and Collateral Agreement; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementGuarantee and Collateral); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against the Issuer or any obligorGuarantor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article XXIII; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedingsproceeding; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: : (i) as if it were a holder of unsecured claims; or (ii) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case set forth in this clause (vii) except as set forth in the Guarantee and Collateral Agreement).

Appears in 1 contract

Samples: Indenture (Merge Healthcare Inc)

Relative Rights. The First Following the Springing Lien Trigger Date, the Intercreditor Agreement and the Second Lien Intercreditor Agreement will define the relative rights, as lienholders, rights of holders of First Second Priority Liens, Liens and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Company and holders Holders of Notes, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx sxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer Company or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to provided in the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder:Holder (in each case except as provided in the Intercreditor Agreement): (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for an order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; oror as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding.

Appears in 1 contract

Samples: Indenture (Momentive Performance Materials Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Second Priority Liens, Liens and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority ObligationsLien. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Holder and holders of each series of Notes, the obligation of the IssuerHolder, which is absolute and unconditional, to pay principal of, premium and interest on such series of Notes in accordance with their terms or to perform any other obligation of the Issuer Holder or any other obligor Guarantor under this Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder to xxx sue for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer Holder or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X13; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Indenture (Energy XXI Gulf Coast, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Priority Liensthe ABL Secured Parties, holders of Liens securing First Priority Lien Obligations the Senior Secured Noteholder Secured Parties and holders of Liens securing Junior Priority ObligationsConvertible Notes Secured Parties. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Company and holders of NotesHolders, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor Guarantor under this Indenture, the Notes, the Parent Guarantee Guarantees and the any Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer Company or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Company or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Company or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article XFifteen; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Indenture (Sealy Corp)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of Second Priority Liens and holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders Holders of NotesSecurities, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding Proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Indenture (New Holding, Inc.)

Relative Rights. The First Lien New Intercreditor Agreement and the Second Lien Existing Intercreditor Agreement will define the relative rights, as lienholders, rights of holders of First Priority Liens, junior Liens and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture Indenture, New Intercreditor Agreement or the First Lien Existing Intercreditor Agreement will: (a) impair, as between the Issuer Company and holders Holders of Notes, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien New Intercreditor Agreement or the Second Lien Existing Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer Company or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to provided in the First Lien New Intercreditor Agreement or the Existing Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder:Holder (in each case except as provided in the New Intercreditor Agreement or the Existing Intercreditor Agreement): (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for an order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; oror as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding.

Appears in 1 contract

Samples: Indenture (Momentive Performance Materials Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of Second Priority Liens and holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement Article 11 will: (a) impair, as between the Issuer Company and holders of Notesthe Holders, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on the Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer Company or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Company or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against the Company or any obligorGuarantor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, by any of the obligations under this Article X11; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: : (a) if it were a holder of unsecured claims; or (b) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding; (in each case except as set forth in the Intercreditor Agreement).

Appears in 1 contract

Samples: Note Purchase Agreement (Moneygram International Inc)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements will define the relative rights, as lienholders, rights of holders of First Priority Liens, junior Liens and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority ABL Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer Company and holders Holders of Notes, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on on, Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer Company or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to provided in the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent or any holder:Holder (in each case except as provided in the Intercreditor Agreements): (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for an order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; oror as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding.

Appears in 1 contract

Samples: Indenture (Momentive Performance Materials Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Junior Lien Intercreditor Agreement define the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Issuers and holders of Notes, the obligation of the IssuerIssuers, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Junior Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer Issuers or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or

Appears in 1 contract

Samples: Indenture (CAESARS ENTERTAINMENT Corp)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of the ABL Secured Parties, the First Priority Liens, holders of Liens securing First Priority Lien Obligations Notes Secured Parties and holders of Liens securing Junior Priority Obligationsthe Notes Secured Parties. Nothing in this Indenture or the First Lien Intercreditor Agreement willshall: (a) impair, as between the Issuer Co-Issuers and holders of NotesHolders, the obligation of the IssuerCo-Issuers, which is absolute and unconditional, to pay principal of, premium and interest on on, such Notes in accordance with their terms or to perform any other obligation of the Issuer Co-Issuers or any other obligor Guarantor under this Indenture, the Notes, the Parent Guarantee Guarantees and the any Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer Co-Issuers or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Co-Issuers or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Co-Issuers or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X13; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: : (A) as if it were a holder of unsecured claims; or (B) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case set forth in this clause (vii) except as set forth in the Intercreditor Agreement).

Appears in 1 contract

Samples: Supplemental Indenture (Sealy Corp)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, rights of holders of First Second Priority Liens, Liens and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Company and holders Holders of NotesSecurities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on Notes Securities in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer Company or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to provided in the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holder:Holder (in each case except as provided in the Intercreditor Agreement): (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for an order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; oror as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding.

Appears in 1 contract

Samples: Indenture (Momentive Performance Materials Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien any Intercreditor Agreement will: (a) impair, as between the Issuer Issuers and holders of NotesHolders, the obligation of the IssuerIssuers, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor Subsidiary Guarantor under this Indenture, the Notes, the Parent Guarantee Guarantees and the any Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien an Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer Issuers or any other obligor Subsidiary Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement)Default; or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuers or any obligor Subsidiary Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuers or any obligorSubsidiary Guarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article XFifteen; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Indenture (Clearwire Corp /DE)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Priority Lien Obligations the ABL Secured Parties and holders of Liens securing Junior Priority Obligationsthe Noteholder Secured Parties. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a1) impair, as between the Issuer Company and holders of NotesHolders, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor Guarantor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantees and the any Security Documents; (b2) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c3) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer Company or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d4) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1a) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Company or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Company or any obligorGuarantor; (2b) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3c) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4d) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article XEleven; (5e) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6f) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7g) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Indenture (Clean Harbors Inc)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements shall define the relative rights, as lienholders, of holders of First Priority Liens, Note Obligations and Other Second-Lien Obligations on the one hand and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligationson the other hand. Nothing in this Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Noteseach series of Securities, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes such series of Securities in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantee, the Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx sxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor Obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case Bankruptcy Case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or (viii) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the Intercreditor Agreements).

Appears in 1 contract

Samples: Indenture (Berry Global Group, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Second-Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior First-Priority Lien Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this Indenture, the Notes, the Parent Subsidiary Guarantee and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or

Appears in 1 contract

Samples: Indenture (Mariner, LLC)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement shall define the relative rights, as lienholders, of holders of First Priority Liens, Note Obligations and Other Second-Lien Obligations on the one hand and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligationson the other hand. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of NotesHolders, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on Notes the Securities in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Obligor under this Indenture, the NotesSecurities, the Parent Guarantee Guarantee, the Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx sxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer or any other obligor Obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case Bankruptcy Case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligorObligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or (viii) as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in the Intercreditor Agreement).

Appears in 1 contract

Samples: Indenture (Berry Global Group Inc)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Priority Liens, holders of Liens securing First Second Priority Lien Obligations and holders of Liens securing Junior First Priority Lien Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Issuers or any other obligor under this Indenture and holders of Notes, the obligation of the IssuerIssuers, which is are absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer Issuers or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien terms of the Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (32) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (43) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (54) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (65) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (76) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: , as if it were a holder of unsecured claims; or;

Appears in 1 contract

Samples: Indenture (Vici Properties Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Second Priority Liens, Liens and holders of Liens securing First Priority Lien Obligations and holders of Liens securing Junior Priority Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer and holders of each series of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such series of Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor under this Indenture, the Notes, the Parent Guarantee and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder from exercising against the Issuer or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or

Appears in 1 contract

Samples: Indenture (Gnoc Corp.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Seventh Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Seventh Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Holdings, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Twenty-Seventh Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Twenty-Seventh Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Healthcare, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Priority LiensABL Obligations, holders of Liens securing First Priority Junior Lien Obligations and holders of Liens securing Junior Priority First Lien Obligations. Nothing in this Sixth Supplemental Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer and holders Holders of Notes, the obligation of the Issuer, which is absolute and unconditional, to pay principal of, premium and interest on such Notes in accordance with their terms or to perform any other obligation of the Issuer or any other obligor Guarantor under this Sixth Supplemental Indenture, the Notes, the Parent Guarantee Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor AgreementAgreements; (c) prevent the Trustee, the Collateral Agent Trustee or any holder Holder from exercising against the Issuer or any other obligor Guarantor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Collateral Agent Trustee or any holderHolder: (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to the Issuer or any obligor Guarantor or otherwise to commence, or seek relief commencing, any insolvency Insolvency or liquidation proceeding Liquidation Proceeding involuntarily against the Issuer or any obligorGuarantor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding; (3iii) to make, support or oppose, in any insolvency Insolvency or liquidation proceedingLiquidation Proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency Insolvency or liquidation proceedings Liquidation Proceeding and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency Insolvency or liquidation proceedingsLiquidation Proceeding; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency Insolvency or liquidation proceeding Liquidation Proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Supplemental Indenture (HCA Holdings, Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement will define the relative rights, as lienholders, rights of holders of First Priority Liens, holders of Liens securing Note Obligations, First Priority Lien Obligations and holders of Liens securing Junior Priority ABL Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Company and holders Holders of Notes, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on on, Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor under this Indenture, the Notes, the Parent Guarantee Note Guarantees and the Security Documents; (b) restrict the right of any holder Holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder from exercising against the Issuer Company or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to provided in the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holder:Holder (in each case except as provided in the Intercreditor Agreement): (1i) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2ii) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3iii) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4iv) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5v) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6vi) to make, support or oppose any request for an order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7vii) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; oror as to any matter relating to any plan of reorganization or other restructuring or liquidation plan or as to any matter relating to the administration of the estate or the disposition of the case or proceeding.

Appears in 1 contract

Samples: Indenture (Momentive Performance Materials Inc.)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement Agreements define the relative rights, as lienholders, of holders of First Liens securing First-Priority LiensLien Obligations, holders of Liens securing First Priority Lien the Notes Obligations and Other Pari Passu Obligations and holders of Liens securing Junior Priority Lien Obligations. Nothing in this Indenture or the First Lien Intercreditor Agreement Agreements will: (a) impair, as between the Issuer Issuers and holders of Notes, the obligation of the IssuerIssuers, which is absolute and unconditional, to pay principal of, premium and interest on Notes in accordance with their terms or to perform any other obligation of the Issuer Issuers or any other obligor under this Indenture, the Notes, the Parent Guarantee Subsidiary Guarantees and the Security Documents; (b) restrict the right of any holder to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien each Intercreditor Agreement; (c) prevent the Trustee, the Notes Collateral Agent or any holder from exercising against the Issuer Issuers or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor AgreementAgreements); or (d) restrict the right of the Trustee, the Notes Collateral Agent or any holder: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding involuntarily against any obligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: oppose if it were a holder of unsecured claims; or, or as to any matter relating to (x) any plan of reorganization or other restructuring or liquidation plan or (y) the administration of the estate or the disposition of the case or proceeding (in each case except as set forth in each Intercreditor Agreement).

Appears in 1 contract

Samples: Indenture (EP Energy Corp)

Relative Rights. The First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement define defines the relative rights, as lienholders, of holders of First Second Priority Liens, holders of Liens securing First Priority Lien Obligations and holders of First Priority Liens securing Junior Priority Obligationsand Parity Liens. Nothing in this Indenture or the First Lien Intercreditor Agreement will: (a) impair, as between the Issuer Company and holders Holders of each series of Notes, the obligation of the IssuerCompany, which is absolute and unconditional, to pay principal of, premium and interest on such series of Notes in accordance with their terms or to perform any other obligation of the Issuer Company or any other obligor Obligor under this Indenture, the Notes, the Parent Guarantee and the Security Note Documents; (b) restrict the right of any holder Holder of Notes to xxx for payments that are then due and owing, in a manner not inconsistent with the provisions of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement; (c) prevent the Trustee, the Collateral Agent or any holder Holder of Notes from exercising against the Issuer Company or any other obligor any of its other available remedies upon a Default or Event of Default (other than its rights as a secured party, which are subject to the First Lien Intercreditor Agreement); or (d) restrict the right of the Trustee, the Collateral Agent or any holderHolder of Notes: (1) to file and prosecute a petition seeking an order for relief in an involuntary bankruptcy case as to any obligor Obligor or otherwise to commence, or seek relief commencing, any insolvency or liquidation proceeding Proceeding involuntarily against any obligorObligor; (2) to make, support or oppose any request for an order for dismissal, abstention or conversion in any insolvency or liquidation proceeding; (3) to make, support or oppose, in any insolvency or liquidation proceeding, any request for an order extending or terminating any period during which the debtor (or any other Person) has the exclusive right to propose a plan of reorganization or other dispositive restructuring or liquidation plan therein; (4) to seek the creation of, or appointment to, any official committee representing creditors (or certain of the creditors) in any insolvency or liquidation proceedings and, if appointed, to serve and act as a member of such committee without being in any respect restricted or bound by, or liable for, any of the obligations under this Article X10; (5) to seek or object to the appointment of any professional person to serve in any capacity in any insolvency or liquidation proceeding or to support or object to any request for compensation made by any professional person or others therein; (6) to make, support or oppose any request for order appointing a trustee or examiner in any insolvency or liquidation proceedings; or (7) otherwise to make, support or oppose any request for relief in any insolvency or liquidation proceeding that it is permitted by law to make, support or oppose: if it were a holder of unsecured claims; or:

Appears in 1 contract

Samples: Indenture (Mueller Holdings (N.A.), Inc.)

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