Rights as an Unsecured Creditor Sample Clauses

Rights as an Unsecured Creditor. Notwithstanding anything to the contrary contained in this Agreement, the Trustee (i) may make such demands or file such claims in respect of the Indenture Secured Claims as may be necessary to prevent the waiver or bar of such claims under applicable statutes of limitations or other statutes, court orders or rules of procedure, (ii) may in any Insolvency or Liquidation Proceeding file a proof of claim or statement of interest with respect to the Indenture Secured Claims, (iii) may accelerate the Indenture Secured Claims pursuant to the terms and conditions of the Indenture Documents and this Agreement, and (iv) shall have all rights and remedies it may have as an unsecured creditor at law or in equity against any Obligor; provided that (1) the Trustee shall not take any actions restricted by this Agreement in respect of the Common Collateral until the Discharge of Credit Facility Secured Claims shall have occurred, and (2) any exercise by the Trustee of its rights and remedies and any Remedies Proceeds received as result of such actions shall to the extent provided herein be subject to the Liens of the Administrative Agent and to the provisions of this Agreement. Notwithstanding anything to the contrary in this Agreement or any control agreement or any bailee agreement, so long as the Discharge of Credit Facility Secured Claims has not occurred, the Trustee agrees that during any Trustee Standstill Period it will not issue any instructions to any bank or securities intermediary regarding the disposition of funds in any deposit account (as defined in the UCC) of an Obligor or the disposition of financial assets in any securities account (as defined in the UCC) of an Obligor or the disposition of any Pledged Stock Collateral held by any bailee without the prior written consent of the Administrative Agent. Each of the Administrative Agent and any other Credit Facility Secured Party (i) may make such demands or file such claims in respect of the Credit Facility Secured Claims as may be necessary to prevent the waiver or bar of such claims under applicable statutes of limitations or other statutes, court orders or rules of procedure, (ii) may in any Insolvency or Liquidation Proceeding file a proof of claim or statement of interest with respect to the Credit Facility Secured Claims, (iii) may accelerate the Credit Facility Secured Claims pursuant to the terms and conditions of the Credit Facility Documents and this Agreement, and (iv) shall have all rights and...
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Rights as an Unsecured Creditor. Notwithstanding anything to the contrary contained in this Agreement or any Senior Revolving Credit Document, the Term Administrative Agent and the Term Lenders may exercise all rights and remedies available to unsecured creditors in accordance with the terms of the Second Lien Term Loan Agreement, the Term Credit Documents and applicable law, and nothing in this Agreement shall prohibit the acceleration of the Second Lien Obligations or the receipt of the Term Administrative Agent or the Term Lenders of the required payments of principal and interest and other amounts, so long as such receipt is not the direct or indirect result of (a) the exercise of the Term Administrative Agent or any Term Lenders of an Enforcement Action in contravention of this Agreement or (b) in contravention of the Senior Revolving Credit Agreement. Except as expressly set forth herein, nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Senior Indebtedness Representative or the Senior Revolving Claimholders may have with respect to the Senior Revolving Collateral.
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Rights as an Unsecured Creditor. Notwithstanding anything to the contrary contained in this Agreement, the Term Administrative Agent and the Term Lenders may exercise all rights and remedies available to unsecured creditors in accordance with the terms of the Second Lien Term Loan Agreement, the Term Credit Documents and applicable law, and nothing in this Agreement shall prohibit the acceleration of the Subordinated Obligations or the receipt of the Term Administrative Agent or the Term Lenders of the required payments of principal and interest and other amounts, so long as such receipt is not the direct or indirect result of the exercise of the Term Administrative Agent or any Term Lenders of an Enforcement Action in contravention of this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Senior Indebtedness Representative or the Senior Revolving Claimholders may have with respect to the Senior Revolving Collateral.
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Rights as an Unsecured Creditor. Except as otherwise set forth in this Agreement (a) the Second Lien Representative and the Second Lien Secured Parties may exercise all rights and remedies available to unsecured creditors in accordance with the terms of the Second Lien Indenture, the Second Lien Collateral Documents and applicable law and this Agreement, and (b) nothing in this Agreement shall prohibit the receipt by the Second Lien Representative or the Second Lien Secured Parties of the required payments of principal and interest and other amounts, so long as such receipt is not the direct or indirect result of the exercise of the Second Lien Representative or any Second Lien Secured Party of an Enforcement Action in contravention of this Agreement.
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Rights as an Unsecured Creditor. Except as otherwise set forth in this Agreement (a) the Second Priority Representative and the Second Priority Secured Parties may exercise all rights and remedies available to unsecured creditors in accordance with the terms of the Second Priority Documents and applicable law and this Agreement, and (b) nothing in this Agreement shall prohibit the receipt by the Second Priority Representative or the Second Priority Secured Parties of the required payments of principal and interest and other amounts, so long as such receipt is not the direct or indirect result of the exercise of the Second Priority Representative or any Second Priority Secured Party of an Enforcement Action in contravention of this Agreement.
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Rights as an Unsecured Creditor. Notwithstanding anything to the contrary contained in this Agreement, the Second Lien Representative and the Second Lien Note Holders may exercise all rights and remedies available to unsecured creditors in accordance with the terms of the Second Lien Indenture, the Second Lien Documents and applicable law, and nothing in this Agreement shall prohibit the acceleration of the Second Lien Obligations or the receipt of the Second Lien Representative or the Second Lien Note Holders of the required payments of principal and interest and other amounts, so long as such receipt is not the direct or indirect result of the exercise of the Second Lien Representative or any Second Lien Note Holders of an Enforcement Action in contravention of this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the First Lien Representative or the First Lien Claimholders may have with respect to the First Lien Collateral.
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Related to Rights as an Unsecured Creditor

  • Rights as Unsecured Creditors Notwithstanding anything to the contrary in this Agreement, the Second Priority Representatives and the Second Priority Debt Parties may exercise rights and remedies as unsecured creditors against the Company and any other Grantor in accordance with the terms of the Second Priority Debt Documents and applicable law so long as such rights and remedies do not violate any express provision of this Agreement. Nothing in this Agreement shall prohibit the receipt by any Second Priority Representative or any Second Priority Debt Party of the required payments of principal, premium, interest, fees and other amounts due under the Second Priority Debt Documents so long as such receipt is not the direct or indirect result of the exercise by a Second Priority Representative or any Second Priority Debt Party of rights or remedies as a secured creditor in respect of Shared Collateral. In the event any Second Priority Representative or any Second Priority Debt Party becomes a judgment lien creditor in respect of Shared Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Second Priority Debt Obligations, such judgment lien shall be subordinated to the Liens securing Senior Obligations on the same basis as the other Liens securing the Second Priority Debt Obligations are so subordinated to such Liens securing Senior Obligations under this Agreement. Nothing in this Agreement shall impair or otherwise adversely affect any rights or remedies the Senior Representatives or the Senior Secured Parties may have with respect to the Senior Collateral.

  • Rights as a Lender The Person serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.

  • Rights as a Bank With respect to its commitment, the Loans made by it and the Notes issued to it, the Agent shall have the same rights and powers hereunder as any Bank and may exercise the same as though it were not the Agent, and the terms "Bank" and "Banks" shall, unless the context otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to and generally engage in any kind of banking or trust business with the Borrower as if it were not the Agent.

  • Unsecured General Creditor The Company shall neither reserve nor specifically set aside funds for the payment of its obligations under this Agreement, and such obligations shall be paid solely from the general assets of the Company.

  • Method and Effect of Redemption (a) If the Company elects to redeem Notes, they must notify the Trustee of the redemption date and the principal amount of Notes to be redeemed by delivering an Officer’s Certificate at least 60 days before the redemption date (unless a shorter period is satisfactory to the Trustee). If fewer than all of the Notes are being redeemed, the Officer’s Certificate must also specify a record date not less than 10 days after the date of the notice of redemption is given to the Trustee, and the Trustee will select the Notes to be redeemed pro rata, by lot or by any other method the Trustee in its sole discretion deems fair and appropriate (and in the case of Global Notes, in accordance with the applicable procedures of DTC), in minimum denominations of $2,000 principal amount and integral multiples of $1,000 in excess thereof; provided that no note of an unauthorized denomination shall remain outstanding after such redemption. The Trustee will notify the Company promptly of the Notes or portions of Notes to be called for redemption. Notice of redemption must be sent by the Company or at the Company’s request given at least five days prior to the date such notice is to be sent (or such shorter period as is acceptable to the Trustee), by the Trustee in the name and at the expense of the Company, to Holders whose Notes are to be redeemed and the Trustee at least 10 days but not more than 60 days before the redemption date. (b) The notice of redemption will identify the Notes to be redeemed and will include or state the following: (1) the redemption date; (2) the redemption price, including the portion thereof representing any accrued interest; (3) the place or places where Notes are to be surrendered for redemption; (4) Notes called for redemption must be so surrendered in order to collect the redemption price; (5) on the redemption date the redemption price will become due and payable on Notes called for redemption, and interest on Notes called for redemption will cease to accrue on and after the redemption date; (6) if any Note is redeemed in part, on and after the redemption date, upon surrender of such Note, new Notes equal in principal amount to the unredeemed portion will be issued; and (7) if any Note contains a CUSIP or CINS number, no representation is being made as to the correctness of the CUSIP or CINS number either as printed on the Notes or as contained in the notice of redemption and that the Holder should rely only on the other identification numbers printed on the Notes. (c) Once notice of redemption is sent to the Holders, Notes called for redemption become due and payable at the redemption price on the redemption date, and upon surrender of the Notes called for redemption, the Company shall redeem such Notes at the redemption price. Commencing on the redemption date, Notes redeemed will cease to accrue interest. Upon surrender of any Note redeemed in part, the Holder will receive a new Note equal in principal amount to the unredeemed portion of the surrendered Note. (d) Notice of any redemption, whether in connection with an Equity Offering, other transaction or otherwise, may, at the Company’s discretion, be given prior to the completion of a corporate transaction (including an Equity Offering, an Incurrence of Debt, a Change of Control or other corporate transaction) and any redemption notice may, at the Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a related transaction. If such redemption or purchase is so subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Company’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date, or by the redemption date as so delayed. In addition, the Company may provide in such notice that payment of the redemption price and performance of the Company’s obligations with respect to such redemption may be performed by another Person. The Company and its Affiliates may acquire the Notes by means other than a redemption, whether by tender offer, open market purchases, negotiated transactions or otherwise.

  • Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder.

  • Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder.

  • Treatment as a Security Agreement Pursuant to Section 1 hereof, the Seller has conveyed to the Purchaser all of its right, title and interest in and to the Mortgage Loans. The parties intend that such conveyance of the Seller’s right, title and interest in and to the Mortgage Loans pursuant to this Agreement shall constitute a purchase and sale and not a loan. If such conveyance is deemed to be a pledge and not a sale, then the parties also intend and agree that the Seller shall be deemed to have granted, and in such event does hereby grant, to the Purchaser, a first priority security interest in all of its right, title and interest in, to and under the Mortgage Loans, all payments of principal or interest on such Mortgage Loans due after the Cut-Off Date, all other payments made in respect of such Mortgage Loans after the Cut-Off Date (and, in any event, excluding scheduled payments of principal and interest due on or before the Cut-Off Date) and all proceeds thereof, and that this Agreement shall constitute a security agreement under applicable law. If such conveyance is deemed to be a pledge and not a sale, the Seller consents to the Purchaser hypothecating and transferring such security interest in favor of the Trustee and transferring the obligation secured thereby to the Trustee.

  • Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings (a) Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 19, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. (b) After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder.

  • Limitation on Subsequent Registration Rights Other than as provided in Section 5.10, after the date of this Agreement, the Company shall not enter into any agreement with any holder or prospective holder of any securities of the Company that would grant such holder rights to demand the registration of shares of the Company’s capital stock, or to include such shares in a registration statement that would reduce the number of shares includable by the Holders.

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