Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express consent of all Lenders or the Administrative Agent, and that it shall, to the extent it is lawfully entitled to do so, upon the request of all Lenders or the Administrative Agent, set off against the Obligations, any amounts owing by such Lender to any of the Loan Parties or any accounts of any of the Loan Parties now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan Parties, including the commencement of any legal or equitable proceedings, to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Foamex International Inc), Possession Credit Agreement (Foamex International Inc.), Credit Agreement (Foamex International Inc)
Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express written consent of all Lenders or the Administrative Agent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of all Lenders or the Administrative Agent, set off against the Obligations (other than Bank Product Obligations), any amounts owing by such Lender to any of the Loan Parties Borrower or its Subsidiaries or any deposit accounts of any of the Loan Parties Borrower or its Subsidiaries now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so in writing by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan Partiesaction, including including, the commencement of any legal or equitable proceedings, proceedings to enforce any Loan Document against Borrower or any Guarantor or to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 2 contracts
Samples: Credit Agreement (Watsco Inc), Credit Agreement (Watsco Inc)
Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express written consent of all Lenders or the Administrative Agent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of all Lenders or the Administrative Agent, set off against the Obligations, any amounts owing by such Lender to any of the a Loan Parties Party or its Subsidiaries or any deposit accounts of any of the Loan Parties Party or its Subsidiaries now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so in writing by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan Partiesaction, including including, the commencement of any legal or equitable proceedings, proceedings to enforce any Loan Document against any Loan Party or any other Guarantor or to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 2 contracts
Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express consent of all Lenders or the Administrative AgentLenders, and that it shall, to the extent it is lawfully entitled to do so, upon the request of all Lenders or the Administrative AgentLenders, set off against the Obligations, any amounts owing by such Lender to any of the Borrower or other Loan Parties Party (as applicable) or any accounts of any of the Borrower or such other Loan Parties Party now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or other Loan Document or against the Borrower or other Loan PartiesParty, including including, without limitation, the commencement of any legal or equitable proceedings, to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
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Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express consent of all Lenders or the Administrative AgentLenders, and that it shall, to the extent it is lawfully entitled to do so, upon the request of all Lenders or the Administrative AgentLenders, set off against the Obligations, any amounts owing by such Lender to the Borrower or any of the Loan Parties Guarantor or any accounts of the Borrower or any of the Loan Parties Guarantor now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan PartiesBorrower or any Guarantor, including the commencement of any legal or equitable proceedings, to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Fruit of the Loom LTD)
Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express consent of all Lenders or the Administrative AgentAgent and the Required Lenders, and that it shall, to the extent it is lawfully entitled to do so, upon the request of all Lenders or the Administrative AgentAgent and the Required Lenders, set off against the Obligations, any amounts owing by such Lender to any of the Loan Parties Borrower or any accounts of any of the Loan Parties Borrower now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan Partiesany Borrower, including the commencement of any legal or equitable proceedings, to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 1 contract
Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express written consent of all Lenders or the Administrative Agent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of all Lenders or the Administrative Agent, set off against the Obligations, any amounts owing by such Lender to any of the Loan Parties Party or any Subsidiary of any Loan Party or any deposit accounts of any Loan Party or any Subsidiary of the a Loan Parties Party now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so in writing by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan Partiesaction, including including, the commencement of any legal or equitable proceedings, proceedings to foreclose any Lien on, or otherwise enforce any security interest in, Loan Document against any of the CollateralLoan Party.
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Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders Credit Providers agrees that it shall not, without the express consent of all Lenders or the Administrative AgentRequired Lenders, and that it shall, to the extent it is lawfully entitled to do so, upon the request of all Lenders or the Administrative AgentRequired Lenders, set off setoff against the Obligations, any amounts owing by such Lender Credit Provider to any of the Loan Parties Obligated Party or any accounts of any of the Loan Parties Obligated Party now or hereafter maintained with such Lender. Each of the Lenders Credit Providers further agrees that it shall not, unless specifically requested to do so by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or any other Loan Document or against the Loan Partiesany Obligated Party, including the commencement of any legal or equitable proceedings, to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Mercury Air Group Inc)
Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express written consent of all Lenders or the Administrative Agent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of all Lenders or the Administrative Agent, set off against the Obligations, any amounts owing by such Lender to any of the Loan Parties Holdings or Borrower or its Subsidiaries or any deposit accounts of any of the Loan Parties Holdings or Borrower or its Subsidiaries now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so in writing by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan Partiesaction, including including, the commencement of any legal or equitable proceedings, to enforce any Loan Document against any Loan Party or to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 1 contract
Samples: Credit Agreement (SAVVIS, Inc.)
Restrictions on Actions by Lenders; Sharing of Payments. (a) 18.12.1 Each of the Lenders agrees that it shall not, without the express written consent of all Lenders or the Administrative AgentAgents, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of all Lenders or the either Administrative Agent, at any time when there is an Existing Default, set off against the Loan Obligations, any amounts owing by such Lender to any of the Loan Parties Reseller or any deposit accounts of any of the Loan Parties Reseller now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so in writing by the Administrative AgentAgents, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan Partiesaction, including including, the commencement of any legal or equitable proceedings, to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 1 contract
Samples: Credit Agreement (Gtsi Corp)
Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express written consent of all Lenders or the Administrative Agent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of all Lenders or the Administrative Agent, set off against the Obligations, any amounts owing by such Lender to any of the Loan Parties Credit Party or its Subsidiaries or any deposit accounts of any of the Loan Parties Credit Party or its Subsidiaries now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so in writing by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan Partiesaction, including including, the commencement of any legal or equitable proceedings, proceedings to enforce any Loan Document against the Borrowers or Guarantors or to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 1 contract
Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express written consent of all Lenders or the Administrative Agent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of all Lenders or the Administrative Agent, set off against the Obligations, any amounts owing by such Lender to any of the Loan Parties Credit Party or any of their respective Subsidiaries or any deposit accounts of any Credit Party or any of the Loan Parties their respective Subsidiaries now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so in writing by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan Partiesaction, including including, the commencement of any legal or equitable proceedings, proceedings to enforce any Credit Document against any Credit Party or to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 1 contract
Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express consent of all Lenders or the Administrative AgentLenders, and that it shall, to the extent it is lawfully entitled to do so, upon the request of all Lenders or the Administrative AgentLenders, set off against the Obligations, any amounts owing by such Lender to the Borrower or any of the Loan Parties other Credit Party or any accounts of the Borrower or any of the Loan Parties other Credit Party now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan PartiesBorrower or any other Credit Party, including including, without limitation, the commencement of any legal or equitable proceedings, to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Strategic Distribution Inc)
Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express written consent of all Lenders or the Administrative Agent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of all Lenders or the Administrative Agent, set off against the Obligations, any amounts owing by such Lender to any of the Loan Parties Party or any of its Subsidiaries or any deposit accounts of any Loan Party or any of the Loan Parties its Subsidiaries now or hereafter maintained with such Lender. Each of the Lenders further agrees that it shall not, unless specifically requested to do so in writing by the Administrative Agent, take or cause to be taken any action to enforce its rights under this Agreement or against the Loan Partiesaction, including including, the commencement of any legal or equitable proceedings, proceedings to enforce any Loan Document against any Borrower or any Guarantor or to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.
Appears in 1 contract
Samples: Abl Credit Agreement (Cross Country Healthcare Inc)