Common use of Restrictions on Actions by Lenders; Sharing of Payments Clause in Contracts

Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express written consent of the Required Lenders, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of the Required Lenders, set off against the Obligations, any amounts owing by such Lender to Parent or its Subsidiaries or any deposit accounts of Parent 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 Required Lenders, take or cause to be taken any action, including, the commencement of any legal or equitable 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 4 contracts

Samples: Possession Term Loan Agreement (Colt Finance Corp.), Possession Term Loan Agreement (Colt Finance Corp.), Term Loan Agreement (Colt Finance Corp.)

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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 written consent of the Required LendersAgent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of the Required LendersAgent, set off against the Obligations, any amounts owing by such Lender to Parent Borrower or its Non-CFC Subsidiaries or any deposit accounts of Parent Borrower or its Non-CFC 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 Required LendersAgent, take or cause to be taken any action, including, the commencement of any legal or equitable 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 3 contracts

Samples: Credit Agreement (Daegis Inc.), Credit Agreement (Daegis Inc.), Credit Agreement (Unify 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 the Agent and the Required Lenders, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of the Agent and the Required Lenders, set off against the Obligations (other than Bank Product Obligations), any amounts owing by such Lender to Parent or its Subsidiaries any Borrower or any deposit accounts of Parent or its Subsidiaries any Borrower 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 Required LendersAgent, take or cause to be taken any actionaction to enforce its rights under this Agreement or any other Loan Document against any Borrower, including, including the commencement of any legal or equitable proceedings to enforce any Loan Document against any Borrower or any Guarantor or proceedings, to foreclose any Lien on, or otherwise enforce any security interest in, any of the Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Ann Inc.), Credit Agreement (Anntaylor Stores 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 the Required LendersAgent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of the Required LendersAgent, set off against the Obligations, any amounts owing by such Lender to Parent Borrowerany Loan Party or its Subsidiaries or any deposit accounts of Parent Borrowerany Loan 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 Required LendersAgent, take or cause to be taken any action, including, the commencement of any legal or equitable 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 2 contracts

Samples: Credit Agreement (AdvancePierre Foods Holdings, Inc.), Credit Agreement (AdvancePierre Foods Holdings, 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 the Required LendersAgents, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of the Required Lendersan Agent, set off against the Obligations, any amounts owing by such Lender to Parent any Borrower or its Domestic Subsidiaries or any deposit accounts of Parent any Borrower or its Domestic 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 Required Lendersan Agent, take or cause to be taken any action, including, the commencement of any legal or equitable 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 2 contracts

Samples: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (American Reprographics CO)

Restrictions on Actions by Lenders; Sharing of Payments. (a) Each of the Lenders agrees that it shall not, without the express written consent of the Required LendersAgent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of the Required LendersAgent, set off against the Obligations, any amounts owing by such Lender to Parent Parent, any Borrower or its any of their Subsidiaries or any deposit accounts of Parent Parent, any Borrower or its any of their 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 Required LendersAgent, take or cause to be taken any action, including, the commencement of any legal or equitable 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 2 contracts

Samples: Credit Agreement (SeaSpine Holdings Corp), Credit Agreement (SeaSpine Holdings Corp)

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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 written consent of the Required LendersAgent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of the Required LendersAgent, set off against the Obligations, any amounts owing by such Lender to Parent any Borrower or its Subsidiaries any Subsidiary of a Borrower or any deposit accounts of Parent any Borrower or its Subsidiaries any Subsidiary of a Borrower 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 Required LendersAgent, take or cause to be taken any action, including, the commencement of any legal or equitable 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: Credit Agreement (Accuride 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 the Required LendersAgent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of the Required LendersAgent, set off against the Obligations, any amounts owing by such Lender to Parent Parent, any Borrower or its Subsidiaries or any deposit accounts of Parent Parent, any 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 Required LendersAgent, take or cause to be taken any action, including, the commencement of any legal or equitable 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: Credit Agreement (Neogenomics 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 the Required LendersAgent, and that it shall, to the extent it is lawfully entitled to do so, upon the written request of the Required LendersAgent, set off against the Obligations, any amounts owing by such Lender to Parent Parent, Borrower or its their respective Subsidiaries or any deposit accounts of Parent Parent, Borrower or its 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 Required LendersAgent, take or cause to be taken any action, including, the commencement of any legal or equitable 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: Credit Agreement (Jamba, Inc.)

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