Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and the other Note Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay. (b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 2 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Louisiana-Pacific Corp)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 2 contracts
Samples: Intercreditor Agreement (Tops Markets Ii Corp), Intercreditor Agreement (Tops Holding Corp)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 2 contracts
Samples: Intercreditor Agreement (Tops PT, LLC), Abl Credit Agreement (AbitibiBowater Inc.)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree and the Additional First Lien Agent, on behalf of the Additional First Lien Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes each First Lien Agent, must be filed for the purpose of preserving the Notes such First Lien Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the Note First Lien Claimholders shall otherwise remain subject to the restrictions in Section 3.1 3.01 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note First Lien Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 3.03 and 3.43.04), without the prior written consent of the Notes each First Lien Agent (given or not given in its sole and absolute discretion), unless (i) the Notes each First Lien Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 3.02 following the granting of any such relief from the automatic stay.
Appears in 2 contracts
Samples: Intercreditor Agreement (Claires Stores Inc), Term Loan Credit Agreement (Claires Stores Inc)
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the Notes Agenteach Term Priority Representative, on behalf of itself and the other Note ClaimholdersTerm Priority Debt Parties represented by it, agree that none of them shall agrees not to seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of any portion of the ABL Priority Collateral, Collateral without the prior ABL Representative’s express written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) consent. Until the Discharge of Note Term Priority Debt Obligations has occurred, the ABL AgentRepresentative, on behalf of itself and the ABL ClaimholdersSecured Parties, agrees that none of them shall not to seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of any portion of the Note Term Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior Designated Term Priority Representative’s express written consent of the Notes Agent (given consent. In addition, no Term Priority Representative or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent Representative shall otherwise remain subject to the restrictions in Section 3.2 following the granting of seek any such relief from the automatic staystay with respect to any Shared Collateral without providing three (3) days’ prior written notice to the other, unless such period is agreed by both the ABL Representative and each Term Priority Representative to be modified or unless the ABL Representative or the Designated Term Priority Representative, as applicable, makes a good faith determination that either (A) the ABL Priority Collateral or the Term Priority Collateral, as applicable, will decline speedily in value or (B) the failure to take any action will have a reasonable likelihood of endangering the ABL Representative’s or the Designated Term Priority Representative’s ability to realize upon its Collateral.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Avaya Holdings Corp.), Abl Credit Agreement (Avaya Holdings Corp.)
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the each Notes Agent, and the other Note Notes Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the any applicable Notes Agent, must be filed for the purpose of preserving the such Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Notes Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Term Loan Obligations has occurred, the First-Lien Notes Agent on behalf of its respective Notes Claimholders, the Second-Lien Notes Agent on behalf of its respective Notes Claimholders, the Third-Lien Notes Agent on behalf of its respective Notes Claimholders, and the ABL Agent, Agent on behalf of the ABL Claimholders, Claimholders agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the Notes Term Loan Agent (given or not given in its sole and absolute discretionas directed under the Term Loan Agreement), unless (i) the Notes Term Loan Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL AgentAgent or other Notes Agent as applicable, must be filed for the purpose of preserving the ABL Agent’s or such other Notes Agent’s respective ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent Claimholders and other Notes Agents shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4)Collateral, without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge ABL Obligations Payment Date, each Term Loan Representative agrees, on behalf of ABL Obligations, the Notes Agent, itself and the other Note ClaimholdersTerm Loan Secured Parties that it represents, agree that none of them shall will seek (or support any other Person seeking) relief from the automatic stay or from any other stay in any Insolvency Proceeding or Liquidation Proceeding take any action in derogation thereof, in each case in respect of the any ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion)Representative; provided that, unless (i) if the ABL Agent already has filed a motion (Secured Parties have obtained such relief, then the Term Loan Secured Parties may also seek such relief, it being understood and agreed that the Term Loan Secured Parties may not take any actions which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall are otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) prohibited under this Agreement. Until the Discharge of Note Term Loan Obligations has occurredPayment Date, the ABL AgentRepresentative agrees, on behalf of itself and the other ABL ClaimholdersSecured Parties, agrees that none of them shall will seek (or support any other Person seeking) relief from the automatic stay or from any other stay in any Insolvency Proceeding or Liquidation Proceeding take any action in derogation thereof, in each case in respect of the Note any Term Loan Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4)Collateral, without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion)Designated Term Loan Representative; provided that, unless (i) if the Notes Agent already has filed a motion (which remains pending) for Term Loan Secured Parties have obtained such relief with respect to its interest in the Note Priority Collateral and (ii) a corresponding motionrelief, in the reasonable judgment of then the ABL AgentSecured Parties may also seek such relief, must be filed for the purpose of preserving it being understood and agreed that the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1Secured Parties may not take any actions which are otherwise prohibited under this Agreement. In addition, although no Term Loan Representative nor the ABL Agent Representative shall otherwise remain subject to the restrictions in Section 3.2 following the granting of seek any such relief from the automatic staystay with respect to any Common Collateral without providing ten (10) Business Days’ prior written notice to the other, unless otherwise agreed by both the ABL Representative and the Designated Term Loan Representative.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsRevolving Obligations has occurred, the Notes Agent, and the other Note Claimholders, agree that none of them shall Collateral Agent agrees not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Revolving Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion)Revolving Collateral Agent, unless (ix) the ABL Revolving Collateral Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (iiy) a corresponding motion, in the reasonable judgment of the Notes Collateral Agent, must should be filed for the purpose of preserving the Notes Agentsuch party’s ability to receive residual distributions pursuant to Section 4.1, although the Note Notes Collateral Agent and the Notes Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note the Notes Obligations has occurred, the ABL Agent, on behalf of the ABL Claimholders, Revolving Collateral Agent agrees that none of them shall not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4)Collateral, without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion)Collateral Agent, unless (ix) the Notes Collateral Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority such Collateral and (iiy) a corresponding motion, in the reasonable judgment of the ABL Revolving Collateral Agent, must should be filed for the purpose of preserving the ABL Agentsuch party’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Revolving Collateral Agent and the Revolving Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Samples: Intercreditor Agreement (Associated Materials, LLC)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Note Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Note Agent, must be filed for the purpose of preserving the Notes Note Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Note Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Note Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Samples: Intercreditor Agreement
Relief from the Automatic Stay. (a) Until the Discharge of ABL SCF Obligations, the Notes Agent, and the other Note Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority SCF Primary Collateral, without the prior written consent of the ABL SCF Agent (given or not given in its sole and absolute discretion), unless (i) the ABL SCF Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority SCF Primary Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 Note Standstill Period following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL SCF Agent, on behalf of the ABL SCF Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Primary Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Primary Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL SCF Agent, must be filed for the purpose of preserving the ABL SCF Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL SCF Agent shall otherwise remain subject to the restrictions in Section 3.2 SCF Standstill Period following the granting of any such relief from the automatic stay.
Appears in 1 contract
Samples: Intercreditor Agreement (Unifi Inc)
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the Notes Agent, and the other Note Claimholders, agree that none of them shall Agent agrees not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion)Agent, unless (ix) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (iiy) a corresponding motion, in the reasonable judgment of the Notes Agent, must should be filed for the purpose of preserving the Notes such Agent’s ability to receive residual distributions pursuant to Section 4.1, although Notes Agent and the Note other Notes Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Notes Obligations has occurred, the ABL Agent, on behalf of the ABL Claimholders, Agent agrees that none of them shall not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4)Collateral, without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion)Agent, unless (ix) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority such Collateral and (iiy) a corresponding motion, in the reasonable judgment of the ABL Agent, must should be filed for the purpose of preserving the ABL such Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent and the other ABL Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and the other Note Notes Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Notes Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Notes Obligations has occurred, the ABL Agent, on behalf of the ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the each Notes Collateral Agent, on behalf of itself and the other Note applicable Notes Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion)Administrative Agent, unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in adequate protection permitted under Section 6.3 has been denied by the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stayBankruptcy Court.
(b) Until the Discharge of Note Notes Obligations has occurred, the ABL Administrative Agent, on behalf of itself and the ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the Controlling Notes Collateral Agent (given which consent shall bind each Notes Claimholder, and each Notes Collateral Agent agrees and acknowledges that: (i) such consent shall bind it and the Notes Claimholders that it represents, (ii) the Controlling Notes Collateral Agent owes no duty to any other Notes Collateral Agents or not given any Notes Claimholders other than those that it represents, and (iii) the Controlling Notes Collateral Agent is released and held harmless from any liability to such Notes Collateral Agent or the Notes Claimholders that it represents in its sole and absolute discretionconnection with the granting or denial of such consent), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in adequate protection permitted under Section 6.3 has been denied by the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stayBankruptcy Court.
Appears in 1 contract
Samples: Indenture (Arconic Corp)
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the Notes Agent, and the other Note Claimholders, agree that none of them shall Agent agrees not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion)Agent, unless (ix) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (iiy) a corresponding motion, in the reasonable judgment of the Notes Agent, must should be filed for the purpose of preserving the Notes such Agent’s ability to receive residual distributions pursuant to Section 4.1, although Notes Agent and the Note other Notes Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Notes Obligations has occurred, occurred and without implying that the ABL AgentClaimholders have a Lien on the Notes Priority Collateral, on behalf of the ABL Claimholders, Agent agrees that none of them shall not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4)Collateral, without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion)Agent, unless (ix) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest interest, if any, in the Note Priority such Collateral and (iiy) a corresponding motion, in the reasonable judgment of the ABL Agent, must should be filed for the purpose of preserving the ABL such Agent’s ability to receive residual distributions distributions, if any, pursuant to Section 4.1, although the ABL Agent and the other ABL Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
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Relief from the Automatic Stay. (a) Until the Discharge of ABL Bank Obligations, the Notes Note Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Bank Priority Collateral, without the prior written consent of the ABL Bank Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Bank Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Bank Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Note Agent, must be filed for the purpose of preserving the Notes Note Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Bank Agent, on behalf of the ABL other Bank Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Note Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Note Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Bank Agent, must be filed for the purpose of preserving the ABL Bank Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Bank Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
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Samples: Intercreditor Agreement
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree and the Additional First Lien Agent, on behalf of the Additional First Lien Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in Table of Contents respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes each First Lien Agent, must be filed for the purpose of preserving the Notes such First Lien Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the Note First Lien Claimholders shall otherwise remain subject to the restrictions in Section 3.1 3.01 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note First Lien Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 3.03 and 3.43.04), without the prior written consent of the Notes each First Lien Agent (given or not given in its sole and absolute discretion), unless (i) the Notes each First Lien Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 3.02 following the granting of any such relief from the automatic stay.
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Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree and the Additional First Lien Agent, on behalf of the Additional First Lien Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes each First Lien Agent, must be filed for the purpose of preserving the Notes such First Lien Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the Note First Lien Claimholders shall otherwise remain subject to the restrictions in Section 3.1 3.01 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note First Lien Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 3.03 and 3.43.04), without the prior written consent of the Notes each First Lien Agent (given or not given in its sole and absolute discretion), unless unless
(i) the Notes each First Lien Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 3.02 following the granting of any such relief from the automatic stay.
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Samples: Intercreditor Agreement
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the each Notes Agent, and the other Note Notes Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the any applicable Notes Agent, must be filed for the purpose of preserving the such Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Notes Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note First-Lien Notes Obligations has occurred, the Second-Lien Notes Agent on behalf of its respective Notes Claimholders, the Third-Lien Notes Agent on behalf of its respective Notes Claimholders, and the ABL Agent, Agent on behalf of the ABL Claimholders, Claimholders agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the First-Lien Notes Agent (given or not given in its sole and absolute discretionas directed under the First-Lien Indenture), unless (i) the First-Lien Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL AgentAgent or other Notes Agent as applicable, must be filed for the purpose of preserving the ABL Agent’s or such other Notes Agent’s respective ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent Claimholders and other Notes Agents shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
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