Standstill Period. If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the holders of the Notes, may give the Credit Facility Lender written notice thereof (an "Enforcement Event Notice"). If (a) such Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the "Expiry Date"), (b) the Credit Facility Lender has not, on or before the Expiry Date, commenced (and notified the Trustee that the Credit Facility Lender has commenced) one or more Enforcement Actions, and (c) Borrower or the Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding, then the Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. If (i) the Credit Facility Lender has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing one or more Enforcement Actions, (ii) no Insolvency Proceeding is pending against Borrower or the Guarantor against which the Trustee's proposed Enforcement Action is to be taken, and (iii) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing, then the Trustee may, subject to the Lien Priority and the prior application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.
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Samples: Intercreditor Agreement (Peninsula Gaming Corp), Indenture (Peninsula Gaming Corp)
Standstill Period. (a) If an Enforcement Event with respect to the Indenture Documents has occurred and is continuing, the Trustee, on behalf of the holders of the NotesHolders, may will give the Credit Facility Lender Senior Creditor written notice thereof (an "“Enforcement Event Notice"”). If (a) such Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the "Expiry Date"), .
(b) the Credit Facility Lender has not, on or before the Expiry Date, commenced (and notified the Trustee that the Credit Facility Lender has commenced) one or more Enforcement Actions, and (c) Borrower or the Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding, then the The Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. If Actions so long as:
(i) (A) an Enforcement Event is continuing for more than 45 consecutive days after the Credit Facility Lender delivery of an Enforcement Event Notice (the “Expiry Date”); (B) the Senior Creditor has not, on or before the Expiry Date, commenced one or more Enforcement Actions, and (C) the Issuer or the Guarantor against which the Trustee’s proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding; or
(ii) (A) the Senior Creditor has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing one or more any Enforcement Actions, (iiB) no Insolvency Proceeding is pending against Borrower the Issuer or the any Guarantor against which the Trustee's ’s proposed Enforcement Action is to be taken, and (iiiC) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing, then the Trustee may, subject to the Lien Priority and the prior application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. .
(c) Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (TWC Holding Corp.), Intercreditor Agreement (Wornick CO Right Away Division, L.P.)
Standstill Period. (a) If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the holders of the NotesHolders, may will give the Credit Facility Lender Secured Party written notice thereof (an "Enforcement Event NoticeENFORCEMENT EVENT NOTICE"). If .
(ab) such The Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with SECTION 3.4, take one or more Enforcement Actions so long as:
(i) (A) an Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the "Expiry DateEXPIRY DATE"), ; (bB) the Credit Facility Lender Secured Party has not, on or before the Expiry Date, commenced (and notified the Trustee that the Credit Facility Lender has commenced) one or more Enforcement Actions, and (cC) Borrower the Issuer or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding, then the Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. If ; or
(iii) (A) the Credit Facility Lender Secured Party has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing one or more any Enforcement Actions, (iiB) no Insolvency Proceeding is pending against Borrower or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken, and (iiiC) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing, then the Trustee may, subject to the Lien Priority and the prior application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. .
(c) Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (Majestic Investor Capital Corp), Indenture (Majestic Investor Capital Corp)
Standstill Period. (a) If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the holders of the NotesHolders, may (but shall not be obligated to) give the Credit Facility Lender Secured Party written notice thereof (an "Enforcement Event Notice"). If (a; provided, however, that the Trustee may not take any Enforcement Action except in accordance with Section 3.2(b) such Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (has been delivered to the "Expiry Date"), Credit Facility Secured Party.
(b) the Credit Facility Lender has not, on or before the Expiry Date, commenced (and notified the Trustee that the Credit Facility Lender has commenced) one or more Enforcement Actions, and (c) Borrower or the Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding, then the The Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. If Actions so long as:
(i) (A) more than 180 consecutive days has lapsed after the delivery of an Enforcement Event Notice (the "Expiry Date"); (B) the Credit Facility Lender Secured Party has not, on or before the Expiry Date, commenced one or more Enforcement Actions, and (C) RHC or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding; or
(ii) (A) the Credit Facility Secured Party has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer actively pursuing one or more any Enforcement Actions, (iiB) no Insolvency Proceeding is pending against Borrower RHC or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken, and (iiiC) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing, then the Trustee may, subject to the Lien Priority and the prior application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. .
(c) Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.
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Standstill Period. If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the holders of the Notes, may give the Credit Facility Lender written notice thereof (an "“Enforcement Event Notice"”). If (a) such Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the "“Expiry Date"”), (b) the Credit Facility Lender has not, on or before the Expiry Date, commenced (and notified the Trustee that the Credit Facility Lender has commenced) one or more Enforcement Actions, and (c) Borrower any Issuer or the Guarantor against which the Trustee's ’s proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding, then the Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. If (i) the Credit Facility Lender has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing one or more Enforcement Actions, (ii) no Insolvency Proceeding is pending against Borrower any Issuer or the Guarantor against which the Trustee's ’s proposed Enforcement Action is to be taken, and (iii) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing, then the Trustee may, subject to the Lien Priority and the prior application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (Old Evangeline Downs Capital Corp)
Standstill Period. (a) If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the holders of the NotesHolders, may will give the Credit Facility Lender Secured Party written notice thereof (an "Enforcement Event Notice"). If .
(ab) such The Trustee may, subject to the Lien Priority and the application of all proceeds of the Credit Agreement Collateral in accordance with Section 3.4, take one or more Enforcement Actions so long as:
(i) (A) an Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the "Expiry Date"), (bB) the Credit Facility Lender Secured Party has not, on or before the Expiry Date, commenced (and notified the Trustee that the Credit Facility Lender has commenced) one or more Enforcement Actions, and (cC) Borrower or the Guarantor no Issuer against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding, then the Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. If ; or
(iii) the Credit Facility Lender Secured Party has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing one or more any Enforcement Actions, (iiB) no Insolvency Proceeding is pending against Borrower or the Guarantor any Issuer against which the Trustee's proposed Enforcement Action is to be taken, and (iiiC) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing, then the Trustee may, subject to the Lien Priority and the prior application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. .
(c) Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.
(d) Notwithstanding any other provision of this Agreement, the Credit Facility Secured Party waives any and all rights or remedies relating to the Noteholder Collateral except the Credit Agreement Collateral.
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