Rights Relating to Agent’s Actions with respect to the Collateral. The Subordinated Creditor hereby waives, to the extent permitted by applicable law, any rights which it may have to enjoin or otherwise obtain a judicial or administrative order preventing Senior Secured Parties from taking, or refraining from taking, any action with respect to all or any part of the Collateral. Without limitation of the foregoing, the Subordinated Creditor hereby agrees (a) that it has no right to direct or object to the manner in which a Senior Secured Party applies the proceeds of the Collateral resulting from the exercise by Senior Secured Parties of rights and remedies under the Senior Debt Documents to the Senior Debt, (b) that it waives any right to object to any action or inaction by any Senior Secured Party with respect to exercising its rights or remedies under the Senior Debt Documents or with respect to the Collateral (including in connection with any foreclosure or enforcement of liens in respect of Collateral), and (c) no Senior Secured Party has assumed any obligation to act as the agent for the Subordinated Creditor with respect to the Collateral. The Subordinated Creditor shall not object to any proposed retention or acceptance of Collateral by a Senior Secured Party in full or partial satisfaction of such Senior Secured Party's Senior Debt and agrees that any such retention or acceptance by a Senior Secured Party shall be free and clear of any security interests and liens of the Subordinated Creditor (it being understood that the Subordinated Creditor shall not be permitted to have any liens or security interests on any of the Collateral).
Appears in 4 contracts
Samples: Subordination and Intercreditor Agreement (Telos Corp), Subordination and Intercreditor Agreement (Telos Corp), Subordination and Intercreditor Agreement (Telos Corp)
Rights Relating to Agent’s Actions with respect to the Collateral. The Except as expressly provided otherwise in this Agreement, each Subordinated Creditor Party hereby waives, to the extent permitted by applicable law, any rights which it may have (i) to enjoin or otherwise obtain a judicial or administrative order preventing Agent or any Senior Secured Parties Lender from taking, or refraining from taking, any action with respect to all or any part of the CollateralCollateral and (ii) to affect the method or challenge the appropriateness of any such action by Agent or such Senior Lender. Without Except as expressly provided otherwise in this Agreement, without limitation of the foregoing, the each Subordinated Creditor Party hereby agrees (a) that it has no right to direct or object to the manner in which a Agent or any Senior Secured Party Lender applies the proceeds of the Collateral resulting from the exercise by Agent and Senior Secured Parties Lenders of rights and remedies under the Senior Debt Documents to the Senior Debt, Debt and (b) that it waives any right to object to any action or inaction by any Senior Secured Party with respect to exercising its rights or remedies under the Senior Debt Documents or with respect to the Collateral (including in connection with any foreclosure or enforcement of liens in respect of Collateral), and (c) no Senior Secured Party Agent has not assumed any obligation to act as the agent for the such Subordinated Creditor Party with respect to the CollateralCollateral except as provided in Section 7. The Except as expressly provided otherwise in this Agreement, each Subordinated Creditor shall not object Party hereby (i) waives any and all rights of redemption with respect to any proposed retention or acceptance of the Collateral by a Senior Secured Party in full or partial satisfaction of such Senior Secured Party's Senior Debt and (ii) agrees that the Agent and Senior Lenders may deal with the Collateral as if such Subordinated Party held no Lien on any such retention or acceptance by a Senior Secured Party shall be free and clear of any security interests and liens Collateral in respect of the Subordinated Creditor Debt. Notwithstanding any provisions in this Section 4.3 to the contrary, no Subordinated Party waives any rights to take any action or assert any position (it being understood that whether or not such position would be adverse to Agent and Senior Lenders) with respect to the Subordinated Creditor shall not be permitted matters described in this Section 4.3 to the extent any holder of an unsecured claim would have any liens or security interests on any of the Collateral)right to do so.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Tontine Capital Partners L P), Subordination and Intercreditor Agreement (Patrick Industries Inc)
Rights Relating to Agent’s Actions with respect to the Collateral. The Each Subordinated Creditor hereby waives, to the extent permitted by applicable law, any rights which it may have to enjoin or otherwise obtain a judicial or administrative order preventing Senior Secured Parties from taking, or refraining from taking, any action with respect to all or any part of the Collateral. Without limitation of the foregoing, the each Subordinated Creditor hereby agrees (a) that it has no right to direct or object to the manner in which a Senior Secured Party applies the proceeds of the Collateral resulting from the exercise by Senior Secured Parties of rights and remedies under the Senior Debt Documents to the Senior Debt, (b) that it waives any right to object to any action or inaction by any Senior Secured Party with respect to exercising its rights or remedies under the Senior Debt Documents or with respect to the Collateral (including in connection with any foreclosure or enforcement of liens in respect of Collateral), and (c) no Senior Secured Party has assumed any obligation to act as the agent for the Subordinated Creditor with respect to the Collateral. The No Subordinated Creditor shall not object to any proposed retention or acceptance of Collateral by a Senior Secured Party in full or partial satisfaction of such Senior Secured Party's Senior Debt and agrees that any such retention or acceptance by a Senior Secured Party shall be free and clear of any and all security interests and liens in favor of the any Subordinated Creditor (it being understood that the Subordinated Creditor shall not be permitted to have any liens or security interests on any of the Collateral)Creditor.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Streamline Health Solutions Inc.)