Common use of Unsecured Creditor Remedies Clause in Contracts

Unsecured Creditor Remedies. Except as set forth in Section 3.1(a), 3.5, and 6, Second Lien Agent and Second Lien Claimholders may exercise rights and remedies as unsecured creditors against any Grantor in accordance with the terms of the Second Lien Debt Documents and applicable law; provided, however, that in the event that any Second Lien Claimholder becomes a judgment Lien creditor in respect of Collateral as a result of its enforcement of its rights as an unsecured creditor with respect to the Second Lien Obligations, such judgment Lien shall be subject to the terms of this Agreement for all purposes as the other Liens securing the Second Lien Obligations.

Appears in 3 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Hutchinson Technology Inc), Intercreditor Agreement (Hutchinson Technology Inc)

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Unsecured Creditor Remedies. Except as set forth in Section Sections 3.1(a), 3.5, ) and 6, Second Lien Agent Trustee and Second Lien Claimholders may exercise rights and remedies that could be exercised as an unsecured creditors creditor against any Grantor in accordance with the terms of the Second Lien Debt Documents and applicable law; provided, however, that in the event that any Second Lien Claimholder becomes a judgment Lien creditor in respect of Collateral as a result of its enforcement of its rights as an unsecured creditor with respect to the Second Lien Obligations, such judgment Lien shall be subject to the terms of this Agreement for all purposes (including in relation to Liens securing the First Lien Obligations) to the same extent as the other Liens securing the Second Lien Obligations.

Appears in 3 contracts

Samples: Intercreditor Agreement (Saratoga Resources Inc /Tx), Intercreditor Agreement (Platinum Energy Solutions, Inc.), Intercreditor Agreement (Saratoga Resources Inc /Tx)

Unsecured Creditor Remedies. Except as set forth in Section 3.1(a)Sections 2.2, 3.1, 3.5, and 6, Second Lien Agent and the other Second Lien Claimholders may exercise rights and remedies as unsecured creditors generally against any Second Lien Grantor in accordance with the terms of the Second Lien Debt Documents and applicable lawlaw so long as doing so is not, directly or indirectly, inconsistent with the terms of this Agreement; provided, however, that in the event that any Second Lien Claimholder becomes a judgment Lien creditor in respect of Collateral as a result of its enforcement of its rights as an unsecured creditor with respect to the Second Lien ObligationsDebt, such judgment Lien shall be subject to the terms of this Agreement for all purposes as the other Liens securing the Second Lien ObligationsDebt.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Erickson Inc.)

Unsecured Creditor Remedies. Except as set forth in Section Sections 3.1(a), 3.5, ) and 6, Collateral Agent and the other Second Lien Agent and Second Lien Claimholders Creditors may exercise enforce rights and exercise remedies as unsecured creditors against any Grantor in accordance with the terms of the Second Lien Debt Documents and applicable law; provided, however, that in the event that any Second Lien Claimholder Creditor becomes a judgment Lien creditor in respect of Collateral as a result of its enforcement of its rights as an unsecured creditor with respect to the Second Lien Obligations, such judgment Lien shall be subject to the terms of this Agreement for all purposes (including in relation to First Priority Liens and the First Lien Obligations) to the same extent as the other Liens securing the Second Lien Obligations.

Appears in 2 contracts

Samples: Intercreditor Agreement (Interface Security Systems, L.L.C.), Intercreditor Agreement (Interface Security Systems Holdings Inc)

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Unsecured Creditor Remedies. Except as set forth in Section 3.1(a)Sections 2.2, 3.1, 3.5, and 6, Second Lien Agent and the other Second Lien Claimholders may exercise rights and remedies as unsecured creditors generally against any Grantor in accordance with the terms of the Second Lien Debt Documents and applicable lawlaw so long as doing so is not, directly or indirectly, inconsistent with the terms of this Agreement; provided, however, that in the event that any Second Lien Claimholder becomes a judgment Lien creditor in respect of Collateral as a result of its enforcement of its rights as an unsecured creditor with respect to the Second Lien ObligationsDebt, such judgment Lien shall be subject to the terms of this Agreement for all purposes as the other Liens securing the Second Lien ObligationsDebt.

Appears in 1 contract

Samples: Intercreditor Agreement (Nuverra Environmental Solutions, Inc.)

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