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 Obligors 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 Noteholders of the required payments of interest and principal on the Notes so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights and remedies as a secured creditor or enforcement of any Lien held by any of them in contravention of this Agreement. In the event that 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, such judgment lien shall be subject to the terms of this Agreement for all purposes (including in relation to the Lender Liens and the Lender Claims) as the other Liens securing the Noteholder Claims (created pursuant to the Noteholder Collateral Documents) subject to this Agreement. Nothing in this Agreement modifies any rights or remedies the Secured Parties may have with respect to the Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee and the Secured Noteholders may exercise rights and remedies as an unsecured creditor creditors against the Obligors Borrowers in accordance with the terms of the Noteholder Documents Indenture and applicable law. Nothing in this Agreement shall prohibit the receipt by the Trustee or any Secured Noteholders of the required payments of interest and principal on the Secured Notes so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of the Secured Noteholders of rights and remedies as a secured creditor or enforcement of any Lien held by any of them in contravention of this Agreement. In the event that the Trustee or any Noteholder Secured Noteholders becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor, such judgment lien shall be subject to the terms of this Agreement for all purposes (including in relation to the Priority Lender Liens and the Lender ClaimsGroup Liens) as the other Liens securing the Noteholder Claims (created pursuant to claims of the Noteholder Collateral Documents) Secured Noteholders subject to this Agreement. Nothing in this Agreement modifies any rights or remedies the Secured Parties Priority Lender Group may have with respect to the 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 Obligors Borrower and its Subsidiaries 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 Noteholders of the required payments of interest and principal on the Notes so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights and or remedies as a secured creditor or enforcement of any Lien held by any of them in contravention of this Agreement. In the event that 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, such judgment lien shall be subject subordinated to the terms of this Agreement for all purposes (including in relation to Liens securing Senior Lender Claims on the Lender Liens and the Lender Claims) same basis as the other Liens securing the Noteholder Claims (created pursuant are so subordinated to the Noteholder Collateral Documents) subject to such Senior Lender Claims under this Agreement. Nothing in this Agreement modifies any rights or remedies the Secured Parties Senior 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 Second Lien Agent and the other Noteholders may exercise rights and remedies as an unsecured creditor against the Obligors Borrower and its subsidiaries in accordance with the terms of the Noteholder Documents and applicable law. Nothing in this Agreement shall prohibit the receipt by the Trustee Second Lien Agent or any Noteholders other Noteholder of the required payments of interest on and principal on of the Notes so long as such receipt is (a) not the direct or indirect result of the exercise by the Trustee Second Lien Agent or any other Noteholder of rights and or remedies as a secured creditor or enforcement of any Lien held by any of them in contravention of this AgreementAgreement and (b) permitted by the terms of the Indenture. In the event that the Trustee Second Lien Agent or any other Noteholder becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor, such judgment lien shall be subject subordinated to the terms of this Agreement for all purposes (including in relation to Liens securing First Lien Debt on the Lender Liens and the Lender Claims) same basis as the other Liens securing the Noteholder Claims (created pursuant Debt are so subordinated to the Noteholder Collateral Documents) subject to such First Lien Debt under this Agreement. Nothing in this Agreement modifies any rights or remedies the Secured Parties First Lien Agent or any other First Lien Lender may have with respect to the 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 Obligors 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 Noteholders Noteholder of the required payments any payment of interest and principal on the Notes so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights and remedies as a secured creditor or enforcement of any Lien held by any of them on Common Collateral, in either case in contravention of this Agreement. In the event that 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, such judgment lien shall be subject to the terms of this Agreement for all purposes (including in relation to the Lender First Priority Liens and the Lender First Priority Claims) to the same extent as the other Liens securing the Noteholder Claims (created pursuant to the Noteholder Collateral Documents) subject to this Agreement. Nothing in this Agreement modifies any rights or remedies the Secured Parties holders of First Priority Claims may have with respect to the Lender First Priority Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee Trustees and the Noteholders may exercise rights and remedies as an unsecured creditor against the Obligors Borrower and its Subsidiaries in accordance with the terms of the Noteholder Documents and applicable law. Nothing in this Agreement shall prohibit the receipt by the any Trustee or any Noteholders of the required payments of interest and principal on the Notes so long as such receipt is not the direct or indirect result of the exercise by the any Trustee or any Noteholder of rights and or remedies as a secured creditor or enforcement of any Lien held by any of them in contravention of this Agreement. In the event that the any 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, such judgment lien shall be subject junior to the terms of this Agreement for all purposes (including in relation to Liens securing Senior Lender Claims on the Lender Liens and the Lender Claims) same basis as the other Liens securing the Noteholder Claims (created pursuant are junior to the Noteholder Collateral Documents) subject to such Senior Lender Claims under this Agreement. Nothing in this Agreement modifies any rights or remedies the Secured Parties Senior 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 Second Lien Agent and the other Noteholders may exercise rights and remedies as an unsecured creditor against the Obligors Borrower and its subsidiaries in accordance with the terms of the Noteholder Documents and applicable law. Nothing in this Agreement shall prohibit the receipt by the Trustee Second Lien Agent or any Noteholders other Noteholder of the required payments of interest on and principal on of the Notes so long as such receipt is (a) not the direct or indirect result of the exercise by the Trustee Second Lien Agent or any other Noteholder of rights and or remedies as a secured creditor or enforcement of any Lien held by any of them in contravention of this AgreementAgreement and (b) permitted by the terms of the Indenture, as applicable, and the First Lien Lender Documents. In the event that the Trustee Second Lien Agent or any other Noteholder becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor, such judgment lien shall be subject subordinated to the terms of this Agreement for all purposes (including in relation to Liens securing First Lien Debt on the Lender Liens and the Lender Claims) same basis as the other Liens securing the Noteholder Claims (created pursuant Debt are so subordinated to the Noteholder Collateral Documents) subject to such First Lien Debt under this Agreement. Nothing in this Agreement modifies any rights or remedies the Secured Parties First Lien Agent or any other First Lien Lender may have with respect to the Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything Except to the contrary in this Agreementextent expressly prohibited herein, the Trustee and the Noteholders may exercise rights and remedies as an unsecured creditor against the Obligors Company or any Subsidiary that has guaranteed the Note Obligations 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 Noteholders of the required payments of interest and principal on the Notes so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights and or remedies as a secured creditor or enforcement in contravention of this Agreement of any Lien held by any of them in contravention of this Agreementthem. In the event that 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, such judgment lien shall be subject subordinated to the terms of this Liens securing Credit Agreement for all purposes (including in relation to Obligations on the Lender Liens and the Lender Claims) same basis as the other Liens securing the Noteholder Claims (created pursuant Note Obligations are so subordinated to the Noteholder Collateral Documents) subject to such Credit Agreement Obligations under this Agreement. Nothing in this Agreement modifies impairs or otherwise adversely affects any rights or remedies the Secured Parties Credit Agent or the Credit Agreement Lenders may have with respect to the Lender CollateralCollateral securing the Credit Agreement Obligations.

Rights as Unsecured Creditors. Notwithstanding anything Except to the contrary extent otherwise provided in this Agreement, the Trustee and the Noteholders may exercise rights and remedies as an unsecured creditor against the Obligors 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 Noteholders of the required payments of interest and principal on the Notes and indemnities, fees, expenses and all other amounts which have become due and payable so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights and remedies as a secured creditor or enforcement of any Lien held by any of them Secured Creditor Remedies in contravention of this Agreement. In the event that 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, such judgment lien shall be subject subordinated to the terms of this Agreement for all purposes (including in relation to liens securing Senior Indebtedness on the Lender Liens and the Lender Claims) same basis as the other Liens liens securing the Noteholder Claims (created pursuant Indebtedness are so subordinated to the Noteholder Collateral Documents) subject to such Senior Indebtedness under this Agreement. Nothing Except as expressly provided in this Agreement, nothing in this Agreement modifies any rights or remedies the Secured Parties Senior Facility Agent or any of the Senior Facility Creditors may have with respect to the Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee and the Noteholders Seller may exercise rights and remedies as an unsecured creditor against the Obligors each Maker in accordance with the terms of the Noteholder Seller Documents and applicable law. Nothing in this Agreement shall prohibit the receipt by the Trustee or any Noteholders of The Seller may receive the required payments of interest interest, principal, fees and principal on permitted prepayments under the Notes Subordinated Note so long as (a) no Senior Default has occurred and is continuing and (b) such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder Seller of rights and or remedies as a secured creditor or enforcement in contravention of this Agreement of any Lien held by any of them in contravention of this Agreementthem. In the event that the Trustee or any Noteholder Seller becomes a judgment lien creditor in respect of Common Collateral as a result of its enforcement of its rights as an unsecured creditor, such judgment lien shall be subject subordinated to the terms of this Agreement for all purposes (including in relation to Liens securing Senior Lender Claims on the Lender Liens and the Lender Claims) same basis as the other Liens securing the Noteholder Seller Claims (created pursuant are so subordinated to the Noteholder Collateral Documents) subject to such Senior Lender Claims under this Agreement. Nothing in this Agreement modifies impairs or otherwise adversely affects any rights or remedies the Secured Parties Senior Lenders may have with respect to the Senior Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything Subject to the contrary in terms of this Agreement, the Trustee and the Noteholders may each exercise rights and remedies as an unsecured creditor against the Obligors Borrower 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 Noteholders of the required payments of interest and principal on to the Notes extent permitted hereunder so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights and or remedies as a secured creditor or enforcement in contravention of this Agreement of any Lien held by any of them in contravention of this Agreementthem. In the event that 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, such judgment lien shall be subject subordinated to the terms of this Agreement for all purposes (including in relation to Liens securing Senior Lender Claims on the Lender Liens and the Lender Claims) same basis as the other Liens securing the Noteholder Claims (created pursuant are so subordinated to the Noteholder Collateral Documents) subject to such Senior Lender Claims under this Agreement. Nothing in this Agreement modifies impairs or otherwise adversely affects any rights or remedies the Secured Parties Senior Agent or the Senior Lenders may have with respect to the Lender Collateral.

Rights as Unsecured Creditors. Notwithstanding anything to the contrary in this Agreement, the Trustee Noteholder Collateral Agent and the Noteholders may exercise rights and remedies as an unsecured creditor against the Obligors Borrower and its Subsidiaries in accordance with the terms of the Noteholder Documents and applicable law. Nothing in this Agreement shall prohibit the receipt by the Noteholder Collateral Agent, the Trustee or any Noteholders of the required payments of interest and principal on the Notes so long as such receipt is not the direct or indirect result of the exercise by the Trustee Noteholder Collateral Agent or any Noteholder of rights and or remedies as a secured creditor or enforcement of any Lien held by any of them with respect to the Collateral in contravention of this Agreement. In the event that the Trustee 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, such judgment lien shall be subject subordinated to the terms of this Agreement for all purposes (including in relation to Liens securing Senior Lender Claims on the Lender Liens and the Lender Claims) same basis as the other Liens securing the Noteholder Claims (created pursuant are so subordinated to the Noteholder Collateral Documents) subject to such Senior Lender Claims under this Agreement. Nothing in this Agreement modifies any rights or remedies the Secured Parties Senior Collateral Agent or any of the Senior Lenders may have with respect to the 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 Obligors Borrower and its Subsidiaries 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 Noteholders of the required payments of interest and principal on the Notes so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights and or remedies as a secured creditor or enforcement of any Lien held by any of them in contravention of this Agreement. In the event that 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, such judgment lien shall be subject subordinated to the terms of this Agreement for all purposes (including in relation to Liens securing Senior Lender Claims on the Lender Liens and the Lender Claims) same basis as the other Liens securing the Noteholder Claims (created pursuant are so subordinated to the Noteholder Collateral Documents) subject to such Senior Lender Claims under this Agreement. Nothing in this Agreement modifies any rights or remedies any Senior Agent or any of the Secured Parties 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 and the Noteholders may exercise rights and remedies as an unsecured creditor against the Obligors Borrower and its Subsidiaries 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 Noteholders of the required payments of interest and principal on the Notes so long as such receipt is not the direct or indirect result of the exercise by the Trustee or any Noteholder of rights and or remedies as a secured creditor or enforcement of any Lien held by any of them in contravention of this Agreement. In the event that 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, such judgment lien shall be subject subordinated to the terms of this Agreement for all purposes (including in relation to Liens securing Senior Lender Claims on the Lender Liens and the Lender Claims) same basis as the other Liens securing the Noteholder Claims (created pursuant are so subordinated to the Noteholder Collateral Documents) subject to such Senior Lender Claims under this Agreement. Nothing in this Agreement modifies any rights or remedies (x) the Secured Parties Senior Agent or the Senior Lenders may have with respect to the Senior Lender Collateral or (y) except as expressly set forth herein, the Trustee or the Noteholder may have with respect to the Noteholder Collateral.