The Collateral Agent May File Proofs of Claim. (a) In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to any Note Party, the Collateral Agent (irrespective of whether the principal of any Note shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Collateral Agent shall have made any demand on the Issuer) shall be entitled and empowered, by intervention in such proceeding or otherwise: (i) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Notes and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Purchasers and the Collateral Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Purchasers and the Collateral Agent and its agents and counsel and all other amounts due the Purchasers and the Collateral Agent hereunder or in connection herewith) allowed in such judicial proceeding; and (ii) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same. (b) Any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Purchaser to make such payments to the Collateral Agent and, if the Collateral Agent shall consent to the making of such payments directly to the Purchasers, to pay to the Collateral Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Collateral Agent and its agents and counsel, and any other amounts due the Collateral Agent under this Agreement. Nothing contained herein shall be deemed to authorize the Collateral Agent to authorize or consent to or accept or adopt on behalf of any Purchaser any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Purchaser or to authorize the Collateral Agent to vote in respect of the claim of any Purchaser in any such proceeding.
Appears in 2 contracts
Samples: First Lien Note Purchase Agreement (BioScrip, Inc.), Second Lien Note Purchase Agreement (BioScrip, Inc.)
The Collateral Agent May File Proofs of Claim. (a) In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other similar judicial proceeding relative to any Note Loan Party, the Collateral Agent (irrespective of whether the principal of any Note Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Collateral Agent or any Lender shall have made any demand on the IssuerBorrower) shall be entitled and empowered, by intervention in such proceeding or otherwise:
(i) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Notes Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Purchasers Lenders and the Collateral Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Purchasers Lenders and the Collateral Agent and its agents and counsel and all other amounts due the Purchasers Lenders and the Collateral Agent hereunder or in connection herewithunder Section 10.3) allowed in such judicial proceeding; and
(ii) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same.
(b) Any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Purchaser Lender to make such payments to the Collateral Agent andor the Lenders, if the Collateral Agent shall consent to the making of such payments directly to the Purchasers, and to pay to the Collateral Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Collateral Agent and its agents and counsel, and any other amounts due the Collateral Agent under this AgreementSection 10.3. Nothing contained herein shall be deemed to authorize the Collateral Agent to authorize or consent to or accept or adopt on behalf of any Purchaser Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Purchaser Lender or to authorize the Collateral Agent to vote in respect of the claim of any Purchaser Lender in any such proceeding.
Appears in 1 contract
Samples: Second Lien Term Loan Agreement (Magnum Hunter Resources Corp)
The Collateral Agent May File Proofs of Claim. (a) In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to any Note Partythe Issuer or its Subsidiaries, the Collateral Agent (irrespective of whether the principal of any Note Notes shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Collateral Agent shall have made any demand on the Issuer) shall be entitled and empowered, by intervention in such proceeding or otherwise:
(i) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Notes and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Purchasers Noteholders and the Collateral Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Purchasers Noteholders and the Collateral Agent and its their agents and counsel and all other amounts due the Purchasers Noteholders and the Collateral Agent hereunder or in connection herewithAgent) allowed in such judicial proceeding; proceeding and
(ii) to collect and receive any monies moneys or other property Property payable or deliverable on any such claims and to distribute the same.
(b) Any ; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Purchaser Noteholder to make such payments to the Collateral Agent and, if in the event that the Collateral Agent shall consent to the making of such payments directly to the PurchasersNoteholders, to pay to the Collateral Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Collateral Agent and its their agents and counsel, and any other amounts due the Collateral Agent under this Agreement. Agent.
(b) Nothing herein contained herein shall be deemed to authorize the Collateral Agent to authorize or consent to or accept or adopt on behalf of any Purchaser Noteholder any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Purchaser Noteholders or to authorize the Collateral Agent to vote in respect of the claim of any Purchaser Noteholder in any such proceeding.
Appears in 1 contract
Samples: Note Purchase Agreement (Skyterra Communications Inc)