Common use of Rights as Unsecured Creditors Clause in Contracts

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee and the Noteholders may exercise rights and remedies as an unsecured creditor against the Company or any Subsidiary that has guaranteed the Noteholder Claims in accordance with the terms of the Noteholder Documents and applicable law. Nothing in this Agreement shall prohibit the receipt by the Trustee or any Noteholder of the required payments of interest and principal so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of them. In the event the Trustee or any Noteholder becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder Claims, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims on the same basis as the other Liens securing the Noteholder Claims are so subordinated to such Liens securing Senior Lender Claims under this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Intercreditor Agent or the Senior Lenders may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee The Junior Representatives and the Noteholders Junior Secured Parties may exercise rights and remedies as an unsecured creditor creditors against the Company or Borrower and any Subsidiary that has guaranteed the Noteholder Claims other Grantor in accordance with the terms of the Noteholder Junior Debt Documents and applicable lawlaw so long as such rights and remedies do not violate and are not otherwise inconsistent with any provision of this Agreement. Nothing in this Agreement shall prohibit the receipt by the Trustee any Junior Representative or any Noteholder Junior Secured Party of the required payments of interest principal, premium, interest, fees and principal other amounts due under the Junior Debt Documents so long as such receipt is not the direct or indirect result of the exercise by the Trustee a Junior Representative or any Noteholder Junior Secured Party of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of themShared Collateral. In the event the Trustee any Junior Representative or any Noteholder Junior Secured Party becomes a judgment lien creditor in respect of Common Shared Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder ClaimsJunior Obligations, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims Obligations on the same basis as the other Liens securing the Noteholder Claims Junior Obligations are so subordinated to such Liens securing Senior Lender Claims Obligations under this Agreement. Nothing in this Agreement impairs shall impair or otherwise adversely affects affect any rights or remedies the Intercreditor Agent Designated Senior Representative, the other Senior Representatives or the Senior Lenders Secured Parties may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee Junior Priority Representative and the Noteholders Junior Priority Secured Parties may exercise rights and remedies as an unsecured creditor creditors against any Grantor in respect of the Company or any Subsidiary that has guaranteed the Noteholder Claims Junior Priority Obligations in accordance with the terms of the Noteholder Junior Priority Documents, including the acceleration of any Indebtedness or other obligations owing under the Junior Priority Documents or the demand for payment under the guarantee in respect thereof, in each case in accordance with the terms of the applicable Junior Priority Documents and applicable lawlaw and not otherwise inconsistent with the terms of this Agreement. Nothing in this Agreement shall prohibit the receipt by the Trustee any Junior Priority Representative or any Noteholder Junior Priority Secured Party of the required payments of interest and principal so long as such receipt is not the direct or indirect result of (a) the exercise by the Trustee any Junior Priority Representative or any Noteholder Junior Priority Secured Party of rights or remedies as a secured creditor in respect of Common Shared Collateral or other collateral or (b) the enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims Junior Priority Liens held by any of them. In the event the Trustee or any Noteholder becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder Claims, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims on the same basis as the other Liens securing the Noteholder Claims are so subordinated to such Liens securing Senior Lender Claims under this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Intercreditor Agent First Priority Representative or the Senior Lenders First Priority Secured Parties may have with respect to the Senior Lender First Priority Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee Junior Representatives and the Noteholders Junior Debt Parties may exercise rights and remedies as an unsecured creditor creditors against the Company or Borrower and any Subsidiary that has guaranteed the Noteholder Claims other Grantor in accordance with the terms of the Noteholder Junior Debt Documents and applicable lawlaw 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 the Trustee any Junior Representative or any Noteholder Junior Debt Party of the required payments of interest principal, premium, interest, fees and principal other amounts due under the Junior Debt Documents so long as such receipt is not the direct or indirect result of the exercise by the Trustee a Junior Representative or any Noteholder Junior Debt Party of rights or remedies as a secured creditor in respect of Common Shared Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of themAgreement. In the event the Trustee any Junior Representative or any Noteholder Junior Debt Party becomes a judgment lien creditor in respect of Common Shared Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder ClaimsJunior Debt Obligations, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims Obligations on the same basis as the other Liens securing the Noteholder Claims Junior Debt Obligations are so subordinated to such Liens securing Senior Lender Claims Obligations under this Agreement. Nothing in this Agreement impairs shall impair or otherwise adversely affects affect any rights or remedies the Intercreditor Agent Senior Representatives or the Senior Lenders Secured Parties may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee The Junior Representatives and the Noteholders Junior Secured Parties may exercise rights and remedies as an unsecured creditor creditors against the Company or Borrower and any Subsidiary that has guaranteed the Noteholder Claims other Grantor in accordance with the terms of the Noteholder Junior Debt Documents and applicable lawlaw so long as such rights and remedies do not violate, or are not otherwise inconsistent with, any other provision of this Agreement (including any provision prohibiting or restricting the Junior Representatives or the Junior Secured Parties from taking various actions or making various objections). Nothing in this Agreement shall prohibit the receipt by the Trustee any Junior Representative or any Noteholder Junior Secured Party of the required payments of interest principal, premium, interest, fees and principal other amounts due under the Junior Debt Documents so long as such receipt is not the direct or indirect result of the exercise by the Trustee a Junior Representative or any Noteholder Junior Secured Party of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of themShared Collateral. In the event the Trustee any Junior Representative or any Noteholder Junior Secured Party becomes a judgment lien creditor in respect of Common Shared Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder ClaimsJunior Obligations, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims Obligations on the same basis as the other Liens securing the Noteholder Claims Junior Obligations are so subordinated to such Liens securing Senior Lender Claims Obligations under this Agreement. Nothing in this Agreement impairs shall impair or otherwise adversely affects affect any rights or remedies the Intercreditor Agent Designated Senior Representative, the other Senior Representatives or the Senior Lenders Secured Parties may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee Each Junior Representatives and the Noteholders Junior Secured Parties may exercise rights and remedies as an unsecured creditor creditors against the Company or Borrower and any Subsidiary that has guaranteed the Noteholder Claims other Grantor in accordance with the terms of the Noteholder Junior Debt Documents and applicable law. Nothing in this Agreement shall prohibit the receipt by the Trustee or any Noteholder of the required payments of interest and principal law so long as such receipt is rights and remedies do not the direct violate, or indirect result of the exercise by the Trustee or are not otherwise inconsistent with, any Noteholder of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention express provision of this Agreement of (including any Lien in respect of Noteholder Claims held by any of themprovision prohibiting or restricting the Junior Secured Parties from taking various actions or making various objections). In the event the Trustee any Junior Representative or any Noteholder Junior Secured Party becomes a judgment lien creditor in respect of Common Shared Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder ClaimsJunior Obligations, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims Obligations on the same basis as the other Liens securing the Noteholder Claims Junior Obligations are so subordinated to such Liens securing Senior Lender Claims Obligations under this Agreement. Nothing in this Agreement impairs shall impair or otherwise adversely affects affect any rights or remedies the Intercreditor Agent Designated Senior Representative, the other Senior Representatives or the Senior Lenders Secured Parties may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee Junior Priority Representative and the Noteholders Junior Priority Secured Parties may exercise rights and remedies as an unsecured creditor creditors against any Grantor in respect of the Company or any Subsidiary that has guaranteed the Noteholder Claims Junior Priority Obligations in accordance with the terms of the Noteholder Junior Priority Documents, including the acceleration of any Indebtedness or other obligations owing under the Junior Priority Documents or the demand for payment under the guarantee in respect thereof, in each case in accordance with the terms of the applicable Junior Priority Documents and applicable lawlaw and not otherwise inconsistent with the terms of this Agreement. Nothing in this Agreement shall prohibit the receipt by the Trustee any Junior Priority Representative or any Noteholder Junior Priority Secured Party of the required payments of interest and principal so long as such receipt is not the direct or indirect result of (a) the exercise by the Trustee any Junior Priority Representative or any Noteholder Junior Priority Secured Party of rights or remedies as a secured creditor in respect of Common Shared Collateral or other collateral or (b) the enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims Junior Priority Liens held by any of them. In the event the Trustee or any Noteholder becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder Claims, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims on the same basis as the other Liens securing the Noteholder Claims are so subordinated to such Liens securing Senior Lender Claims under this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Intercreditor Agent Second Priority Representative or the Senior Lenders Second Priority Secured Parties may have with respect to the Senior Lender Second Priority Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee and the Noteholders Junior Bridge Notes Parties may exercise rights and remedies as an unsecured creditor against the Company or any Subsidiary that has guaranteed the Noteholder Claims in accordance with the terms of the Noteholder applicable Junior Bridge Notes Documents and applicable law. Nothing in this Agreement shall prohibit the receipt ; provided that any assets, property, or consideration provided by the Trustee Company or its subsidiaries, including assets, property, or consideration distributed or issued in an Insolvency or Liquidation Proceeding (which, for the avoidance of doubt, shall include any Noteholder of the required payments of interest and principal so long as such receipt is not the direct equity interests distributed or indirect result of the exercise issued by the Trustee Company or its subsidiaries as reorganized in connection with any Noteholder of rights Insolvency or remedies as a secured creditor Liquidation Proceeding) shall be applied to the Senior Convertible Notes Claims in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of themaccordance with Section 4. In the event the Trustee or any Noteholder Junior Bridge Notes Party becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder its Junior Bridge Notes Claims, such judgment lien shall be subordinated to the Liens securing the Senior Lender Convertible Notes Claims on the same basis as the other Liens securing the Noteholder Junior Bridge Notes Claims are so subordinated to such Liens securing the Senior Lender Convertible Notes Claims under this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Intercreditor Agent or the Senior Lenders Convertible Notes Parties may have with respect to the Senior Lender Common Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee The Junior Representatives and the Noteholders Junior Debt Parties may exercise rights and remedies as an unsecured creditor creditors against the Company or and any Subsidiary that has guaranteed the Noteholder Claims other Grantor in accordance with the terms of the Noteholder Junior Debt Documents and applicable lawLaw so long as such rights and remedies do not violate, or are not otherwise inconsistent with, any provision of this Agreement. Nothing in this Agreement shall prohibit the receipt by the Trustee any Junior Representative or any Noteholder Junior Debt Party of the required payments of interest principal, premium, interest, fees, indemnities, expenses and principal other amounts due under the Junior Debt Documents so long as such receipt is not the direct or indirect result of the exercise by the Trustee a Junior Representative or any Noteholder Junior Debt Party of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of themthe Collateral. In the event the Trustee any Junior Representative or any Noteholder Junior Debt Party becomes a judgment lien Lien creditor in respect of Common the Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder ClaimsJunior Debt Obligations, such judgment lien Lien shall be subordinated to the Liens securing Senior Lender Claims Obligations on the same basis as the other Liens securing the Noteholder Claims Junior Debt Obligations are so subordinated to such Liens securing Senior Lender Claims Obligations under this Agreement. Nothing in this Agreement impairs shall impair or otherwise adversely affects affect any rights or remedies the Intercreditor Agent Senior Priority Representative or the Senior Lenders Secured Parties may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee and the Noteholders may exercise rights and remedies as an unsecured creditor against the Company or any Subsidiary that has guaranteed the Noteholder Claims in accordance with the terms of the Noteholder Documents and applicable law. Nothing in this Agreement shall prohibit the receipt by the Trustee or any Noteholder Noteholders of the required payments of interest and principal so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of them. In the event the Trustee or any Noteholder becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder Claims, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims on the same basis as the other Liens securing the Noteholder Claims are so subordinated to such Liens securing Senior Lender Claims under this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Intercreditor Credit Agent or the Senior Lenders may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee The Junior Representatives and the Noteholders Junior Secured Parties may exercise rights and remedies as an unsecured creditor creditors against the Company or Borrowers and any Subsidiary that has guaranteed the Noteholder Claims other Grantor in accordance with the terms of the Noteholder Junior Debt Documents and applicable lawlaw so long as such rights and remedies do not violate, or are not otherwise inconsistent with, any other provision of this Agreement. (including any provision prohibiting or restricting the Junior Representatives or the Junior Secured Parties from taking various actions or making various objections). Nothing in this Agreement shall prohibit the receipt by the Trustee any Junior Representative or any Noteholder Junior Secured Party of the required payments of interest principal, premium, interest, fees and principal other amounts due under the Junior Debt Documents so long as such receipt is not the direct or indirect result of the exercise by the Trustee a Junior Representative or any Noteholder Junior Secured Party of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of themShared Collateral. In the event the Trustee any Junior Representative or any Noteholder Junior Secured Party becomes a judgment lien creditor in respect of Common Shared Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder ClaimsJunior Obligations, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims Obligations on the same basis as the other Liens securing the Noteholder Claims Junior Obligations are so subordinated to such Liens securing Senior Lender Claims Obligations under this Agreement. Nothing in this Agreement impairs shall impair or otherwise adversely affects affect any rights or remedies the Intercreditor Agent Designated Senior Representative, the other Senior Representatives or the Senior Lenders Secured Parties may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee Collateral Agent and the Noteholders Junior Creditors may exercise rights and remedies as an unsecured creditor against the Company any Grantor or any Subsidiary that has guaranteed the Noteholder Junior Creditor Claims in accordance with the terms of the Noteholder Junior Creditor Documents and applicable law. Nothing in this Agreement shall prohibit the receipt by the Trustee Collateral Agent or any Noteholder Junior Creditors of the required payments of interest and principal so long as such receipt is not the direct or indirect result of the exercise by the Trustee Collateral Agent or any Noteholder Junior Creditor of foreclosure rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of them. In the event the Trustee or any Noteholder becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder Claims, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims on the same basis as the other Liens securing the Noteholder Claims are so subordinated to such Liens securing Senior Lender Claims under this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Intercreditor Senior Credit Agent or the Senior Lenders Creditors may have with respect to the Senior Lender CollateralCreditor Collateral and the foregoing shall not be construed to limit or otherwise affect any of the rights of Senior Credit Agent or any Senior Creditor under the subordination provisions in the Junior Creditor Documents or under any other provisions thereof or any of the obligations and duties of Collateral Agent, Junior Creditors or any Grantor thereunder or under any of the Senior Creditor Documents.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee The Junior Representatives and the Noteholders Junior Secured Parties may exercise rights and remedies as an unsecured creditor creditors against the Company or Borrower and any Subsidiary that has guaranteed the Noteholder Claims other Grantor in accordance with the terms of the Noteholder Junior Debt Documents and applicable lawlaw so long as such rights and remedies do not violate and are not otherwise inconsistent with any provision of this Agreement. Nothing in this Agreement shall prohibit the receipt by the Trustee any Junior Representative or any Noteholder Junior Secured Party of the required payments of interest principal, premium, interest, fees and principal other amounts due under the Junior Debt Documents so long as such receipt is not the direct or indirect result of the exercise by the Trustee a Junior Representative or any Noteholder Junior Secured Party of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of themShared Collateral. In the event the Trustee any Junior Representative or any Noteholder Junior Secured Party becomes a judgment lien creditor in respect of Common Shared Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder ClaimsJunior Obligations, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims Obligations on the same basis as the other Liens securing the Noteholder Claims Junior Obligations are so subordinated to such Liens securing Senior Lender Claims Obligations under this Agreement. Nothing in this Agreement impairs shall impair or otherwise adversely affects affect any rights or remedies the Intercreditor Agent Designated Senior Representative, the other Senior Representatives or the Senior Lenders Secured Parties may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, prior to, on and after the Trustee Junior Priority Enforcement Date, the Junior Priority Representative and the Noteholders Junior Lien Secured Parties may exercise rights and remedies remedies[[, including the right to object or otherwise act]], as an unsecured creditor creditors against the Company or Borrower and any Subsidiary that has guaranteed the Noteholder Claims other Grantor in accordance with the terms of the Noteholder Junior Lien 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 the Trustee Junior Priority Representative or any Noteholder Junior Lien Secured Party of the required payments of interest principal, premium, interest, fees and principal other amounts due under the Junior Lien Debt Documents so long as such receipt is not the direct or indirect result of the exercise in contravention of this Agreement by the Trustee Junior Priority Representative or any Noteholder Junior Lien Secured Party of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of themShared Collateral. In the event the Trustee Junior Priority Representative or any Noteholder Junior Lien Secured Party becomes a judgment lien creditor in respect of Common Shared Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder ClaimsJunior Lien Obligations, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims Obligations on the same basis as the other Liens securing the Noteholder Claims Junior Lien Obligations are so subordinated to such Liens securing Senior Lender Claims Obligations under this Agreement. Nothing in this Agreement impairs shall impair or otherwise adversely affects affect any rights or remedies the Intercreditor Agent Senior Representative or the Senior Lenders Secured Parties may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee Junior Priority Representative and the Noteholders Junior Priority Secured Parties may exercise rights and remedies as an unsecured creditor creditors against any Grantor in respect of the Company or any Subsidiary that has guaranteed the Noteholder Claims Junior Priority Obligations in accordance with the terms of the Noteholder Junior Priority Documents, including the acceleration of any indebtedness or other obligations owing under the Junior Priority Documents or the demand for payment under the guarantee in respect thereof, in each case in accordance with the terms of the applicable Junior Priority Documents and applicable lawlaw and not otherwise inconsistent with the terms of this Agreement. Nothing in this Agreement shall prohibit the receipt by the Trustee any Junior Priority Representative or any Noteholder Junior Priority Secured Party of the required payments of interest and principal so long as such receipt is not the direct or indirect result of (a) the exercise by the Trustee any Junior Priority Representative or any Noteholder Junior Priority Secured Party of rights or remedies as a secured creditor in respect of Common Shared Collateral or other collateral or (b) the enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims Junior Priority Liens held by any of them. In the event the Trustee or any Noteholder becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder Claims, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims on the same basis as the other Liens securing the Noteholder Claims are so subordinated to such Liens securing Senior Lender Claims under this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Intercreditor Agent First Priority Representative or the Senior Lenders First Priority Secured Parties may have with respect to the Senior Lender First Priority Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee Junior Representatives and the Noteholders Junior Secured Parties may exercise rights and remedies as an unsecured creditor creditors against the Company or Borrower and any Subsidiary that has guaranteed the Noteholder Claims other Grantor in accordance with the terms of the Noteholder Junior Debt Documents and applicable lawlaw 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 the Trustee any Junior Representative or any Noteholder Junior Secured Party of the required payments of interest principal, premium, interest, fees and principal other amounts due under the Junior Debt Documents so long as such receipt is not the direct or indirect result of the exercise by the Trustee a Junior Representative or any Noteholder Junior Secured Party of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of themShared Collateral. In the event the Trustee any Junior Representative or any Noteholder Junior Secured Party becomes a judgment lien creditor in respect of Common Shared Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder ClaimsJunior Obligations, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims Obligations on the same basis as the other Liens securing the Noteholder Claims Junior Obligations are so subordinated to such Liens securing Senior Lender Claims Obligations under this Agreement. Nothing in this Agreement impairs shall impair or otherwise adversely affects affect any rights or remedies the Intercreditor Agent Designated Senior Representative, the other Senior Representatives or the Senior Lenders Secured Parties may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee and the Noteholders may exercise rights and remedies as an unsecured creditor creditors against the Company or any Subsidiary that has guaranteed the Noteholder Claims in accordance with the terms of the Noteholder Documents and applicable law. Nothing in this Agreement shall prohibit the receipt by the Trustee or any Noteholder Noteholders of the required payments of interest and principal so long as such receipt is not (i) the direct or indirect result of the exercise by the Trustee Trustee, the Noteholder Collateral Agent or any Noteholder of rights or remedies as a secured creditor in respect of Common Collateral or enforcement (ii) in contravention violation of this Agreement of any Lien in respect of Noteholder Claims held by any of themSection 3.1, 4.1, 4.2, 5.2 or 6.3. In the event the Trustee Trustee, the Noteholder Collateral Agent or any Noteholder becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder Claims, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims on the same basis as the other Liens securing the Noteholder Claims are so subordinated to such Liens securing Senior Lender Claims under this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Intercreditor First-Lien Agent or the Senior Lenders may have with respect to the Senior Lender Common Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee Junior Representative and the Noteholders Junior Secured Parties may exercise rights and remedies as an unsecured creditor creditors against the Company or Borrower and any Subsidiary that has guaranteed the Noteholder Claims other Grantor in accordance with the terms of the Noteholder Junior Debt Documents and applicable lawlaw so long as such rights and remedies do not violate, and are not inconsistent with, the provisions of this Agreement. Nothing in this Agreement shall prohibit the receipt by the Trustee Junior Representative or any Noteholder Junior Secured Party of the required payments of interest principal, premium, interest, fees and principal other amounts due under the Junior Debt Documents so long as such receipt is not the direct or indirect result of the exercise in contravention of this Agreement by the Trustee Junior Representative or any Noteholder Junior Secured Party of rights or remedies as a secured creditor in respect of Common Shared Collateral or enforcement in contravention otherwise required to be paid over to the Senior Representative for the benefit of this Agreement of any Lien in respect of Noteholder Claims held by any of themthe Senior Secured Parties pursuant to Section 4.02. In the event the Trustee Junior Representative or any Noteholder Junior Secured Party becomes a judgment lien creditor in respect of Common Shared Collateral or other collateral securing any Junior Obligations as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder ClaimsJunior Obligations or otherwise, such judgment or other lien shall be subordinated to the Liens securing Senior Lender Claims Obligations on the same basis as the other Liens securing the Noteholder Claims Junior Obligations are so subordinated to such Liens securing Senior Lender Claims Obligations under this Agreement. Nothing in this Agreement impairs shall impair or otherwise adversely affects affect any rights or remedies the Intercreditor Agent Senior Representative or the Senior Lenders Secured Parties may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee and the Noteholders may exercise rights and remedies as an unsecured creditor against the Company or any Subsidiary that has guaranteed the Noteholder Claims in accordance with the terms of the Noteholder Documents and applicable lawlaw as if the Common Collateral was not Noteholder Collateral. Nothing in this Agreement shall prohibit the receipt by the Trustee or any Noteholder Noteholders of the required payments of interest and principal so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights or remedies as a secured creditor in respect of Common Collateral or enforcement in contravention of this Agreement of any Lien in respect of Noteholder Claims held by any of them. In the event the Trustee or any Noteholder becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor in respect of Noteholder Claimscreditor, such judgment lien shall be subordinated to the Liens securing Senior Lender Claims on the same basis as the other Liens securing the Noteholder Claims are so subordinated to such Liens securing Senior Lender Claims under this Agreement. Nothing in this Agreement impairs or otherwise adversely affects any rights or remedies the Intercreditor Credit Agent or the Senior Lenders may have with respect to the Senior Lender Collateral.