Common use of Rights as Unsecured Creditors Clause in Contracts

Rights as Unsecured Creditors. Except as specifically set forth in this Agreement, the Second Priority Representative and the Second Priority Secured Parties may exercise rights and remedies available to unsecured creditors against the Loan Parties, in each case not inconsistent with the terms of this Agreement; provided that in the event that any Second Priority Secured Party becomes a judgment Lien creditor in respect of the Common Collateral as a result of its enforcement of its rights as an unsecured creditor with respect to the Second Priority Obligations, such judgment Lien shall be subject to the terms of this Agreement for all purposes (including in relation to the First Priority Obligations) as the other Liens securing the Second Priority Obligations are subject to this Agreement.

Appears in 5 contracts

Samples: First Lien Credit Agreement (Hayward Holdings, Inc.), Term Loan Credit Agreement (PQ Group Holdings Inc.), First Lien Credit Agreement (Hayward Holdings, Inc.)

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Rights as Unsecured Creditors. Except as specifically set forth in this Agreement, the The Second Priority Representative and the Second Priority Secured Parties may exercise rights and remedies available to unsecured creditors against the Loan Parties, Parties that have granted Liens to secure the Second Priority Obligations in each case accordance with the terms of the Second Priority Documents and applicable law to the extent that such exercise is not inconsistent with with, or in contravention of, the express terms of this Agreement; provided that in the event that any Second Priority Secured Party becomes an attachment or a judgment Lien creditor in respect of the Common Collateral as a result of its enforcement of its rights as an unsecured creditor with respect to the Second Priority Obligations, such attachment or judgment Lien shall be subject to the terms of this Agreement for all purposes (including in relation to the First Priority Obligations) as the other Liens on Common Collateral securing the Second Priority Obligations are subject to this Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement (Lee Enterprises, Inc), Intercreditor Agreement (Lee Enterprises, Inc)

Rights as Unsecured Creditors. Except as specifically set forth in this Agreement, the The Second Priority Representative and the Second Priority Secured Parties may exercise rights and remedies available to unsecured creditors against the Loan Parties, Parties that have granted Liens to secure the Second Priority Obligations in each case accordance with the terms of the Second Priority Documents and applicable law to the extent that such exercise is not inconsistent with with, or in contravention of, the express terms of this Agreement; provided that in the event that any Second Priority Secured Party becomes an attachment or a judgment Lien creditor in respect of the Common Collateral as a result of its enforcement of its rights as an unsecured creditor with respect to the Second Priority Obligations, such attachment or judgment Lien shall be subject to the terms of this Agreement for all purposes (including in relation to the First Priority Obligations) as the other Liens securing the Second Priority Obligations are subject to this Agreement.

Appears in 1 contract

Samples: Support Agreement (Lee Enterprises, Inc)

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Rights as Unsecured Creditors. Except as specifically set forth Notwithstanding anything to the contrary in this AgreementAgreement (but subject to Section 4.2(b)), the Second Priority Representative and the each Second Priority Secured Parties Party may exercise rights and remedies available to unsecured creditors against the Loan PartiesParties in accordance with the terms of the Second Priority Documents and applicable law, in each case not inconsistent with the terms of this AgreementAgreement and to the extent such rights and remedies have not been limited in respect of Second Priority Secured Parties’ rights as a secured creditor; provided that in the event that any Second Priority Secured Party becomes a judgment Lien creditor in respect of the Common Collateral as a result of its enforcement of its rights as an unsecured creditor with respect to the Second Priority Obligations, such judgment Lien shall be subject to the terms of this Agreement for all purposes (including in relation to the First Priority Liens and the First Priority Obligations) to the same extent as the other Liens securing the Second Priority Obligations are subject to the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Babcock & Wilcox Enterprises, Inc.)

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