Permitted Enforcement Actions definition

Permitted Enforcement Actions has the meaning assigned to such term in Section 3.01.
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Permitted Enforcement Actions means the following Enforcement Actions: (a) any Enforcement Actions (i) to prevent its claims under Subordinated Debt Documents or with respect to the Subordinated Debt from being time-barred in a Proceeding (including, without limitation, voting claims or filing proofs of claim subject to the other provisions of this Agreement) or otherwise barred by the applicable statute of limitations or otherwise; or (ii) to preserve the perfection of its security interest in the Collateral and its rights to receive any surplus from the disposition of the Collateral; (b) the filing of any necessary responsive or defensive pleadings in opposition to any motion, claim, adversary proceeding or other pleading made by any Person objecting to or otherwise seeking the disallowance of the claims of the Subordinated Creditor; and (c) actions to seek and obtain specific performance or injunctive relief to compel the Borrowers to comply with (or not violate or breach) any obligations under any Subordinated Note Debt Document; and (d) actions to seek and obtain specific performance or injunctive relief to compel the Borrowers to comply with (or not violate or breach) any obligations under relating to the Warrant, the Warrant Agreement, or in respect of the Commitment Fee Shares or the Interest Conversion Shares (as defined in the Subordinated Note Agreement on the date hereof), including the issuance or registration of any shares of common stock issuable on exercise of the Warrant, any Commitment Fee Shares or any Interest Conversion Shares, or relating to any registration, indemnity or other rights with respect thereto, including without limitation, the enforcement of any rights under Section 7.14 (Registration Rights; Indemnification) of the Subordinated Note Agreement; provided that any such Enforcement Action under the immediately preceding clauses (a) through (d), inclusive, is not accompanied by (x) any action respect of the Collateral or that is adverse to the interests of the Senior Lenders in, or the enforcement of Senior Lenders’ Liens in, the Collateral or (y) a claim for monetary damages, collection action or other payment with respect to the Subordinated Debt; provided, further, that the parties agree that except for the Enforcement Actions expressly described above, no Enforcement Actions (including, without limitation, any Enforcement Actions ancillary to the Permitted Enforcement Actions) are intended to or should be implied to be included among Permitted Enforce...
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Permitted Enforcement Actions means the following: (a) any action to prevent the Noteholder’s claims under this Note or with respect to the obligations evidenced by this Note from being time-barred in an Insolvency Proceeding (including, without limitation, voting claims or filing proofs of claim) or otherwise barred by the applicable statute of limitations; (b) any issuance of reservation of rights notices, default notices and other similar notices; (c) the filing of any necessary responsive or defensive pleadings in opposition to any motion, claim, adversary proceeding or other pleading made by any Person objecting to or otherwise seeking the disallowance of the claims of the Noteholder; (d) actions to seek and obtain specific performance or injunctive relief (in each case, not involving any payment of money) to compel the Issuer to comply with (or not violate or breach) any obligations (excluding the payment of money) under this Note; and (e) any actions that are not prohibited by Section 20 that are reasonably necessary in any Insolvency Proceeding to establish and preserve the Noteholder’s claims in respect of this Note.
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Examples of Permitted Enforcement Actions in a sentence

  • Notwithstanding the foregoing, the Subordinated Creditor may take Permitted Enforcement Actions.


More Definitions of Permitted Enforcement Actions

Permitted Enforcement Actions means: (a) if a Proceeding has been commenced by or against any Credit Party, file a proof of claim with respect to such Credit Party; (b) take any action (not adverse to the priority status of the liens securing the Senior Debt) in order to prevent the running of any applicable statute of limitation or similar restriction on claims or to assert a compulsory cross-claim or counterclaim against any Person; (c) before or after the commencement of a Proceeding, file any necessary responsive or defensive pleading (i) in opposition to any motion, claim, adversary proceeding, or other pleading made by any Person objecting to or otherwise seeking the disallowance of the Subordinated Indebtedness, or (ii) asserting rights available to unsecured creditors of the applicable Credit Party or guarantor of the Subordinated Indebtedness, in each case so long as such pleading is in accordance with and not in contravention of the terms of this Agreement; (d) during a Proceeding, vote on any plan of reorganization, scheme or arrangement, or liquidation (or similar arrangement affecting creditors' rights generally) and make any filings and motions therein that are, in each case, not in contravention of the provisions of this Agreement, with respect to the Subordinated Indebtedness and the Collateral; (e) join (but not exercise any control with respect to) any judicial foreclosure or sale proceeding initiated by the Agent to the extent that any such action does not restrain, hinder, limit, delay for any material period or otherwise interfere with an enforcement action by the Agent (it being understood that the Subordinated Lenders shall not be entitled to receive any proceeds from the Collateral unless otherwise expressly permitted herein); (f) inspect, appraise or value the Collateral or to receive information or reports concerning the Collateral, in each case pursuant to the terms of the Subordinated Debt Documents, as applicable, or applicable law;
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Related to Permitted Enforcement Actions

  • law enforcement means the prevention, detection or investigation of terrorist offences or other serious criminal offences;

  • Law enforcement unit means an individual office, department, division, or other component of an education agency or institution that is officially authorized or designated by that agency or institution to (1) enforce laws or refer matters of law enforcement to appropriate authorities, or (2) maintain the physical security and safety of the agency or institution.

  • Enforcement Action means any action of any kind to:

  • Compliance Enforcement Authority means NERC or the Regional Entity, or any entity as otherwise designated by an Applicable Governmental Authority, in their respective roles of monitoring and/or enforcing compliance with mandatory and enforceable Reliability Standards in their respective jurisdictions.

  • Post-Enforcement Priority of Payments means the order of priority pursuant to which the Guarantor Available Funds shall be applied on each Guarantor Payment Date, following the delivery of a Guarantor Default Notice, in accordance with the Intercreditor Agreement.

  • Support enforcement agency means a public official or agency authorized to seek:

  • Law enforcement agency means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties.

  • Local law enforcement agency means the police of a city, town, village or other incorporated area or the sheriff of an unincorporated area or any sworn officer of the Illinois Department of State Police.

  • Legitimate law enforcement purpose means a goal within the lawful authority of an officer that is to be achieved through methods or conduct condoned by the officer’s appointing authority.

  • First Priority Obligations means (a) with respect to the Existing First Priority Agreement, all “Obligations” of each Loan Party as defined in the Existing First Priority Agreement and (b) with respect to each other First Priority Agreement, all “Obligations” of each Loan Party as defined in such First Priority Agreement, and shall in any event include (i) all principal of and interest (including without limitation any Post-Petition Interest) and premium (if any) on all loans made or other indebtedness issued or incurred pursuant to such First Priority Agreement, (ii) all reimbursement obligations (if any) and interest thereon (including without limitation any Post-Petition Interest) with respect to any letter of credit or similar instruments issued pursuant to such First Priority Agreement, (iii) all Specified Swap Agreements, (iv) all Specified Cash Management Agreements and (v) all guarantee obligations, fees, expenses and other amounts payable from time to time pursuant to the applicable First Priority Documents, in each case whether or not allowed or allowable in an Insolvency Proceeding. To the extent any payment with respect to any First Priority Obligation (whether by or on behalf of any Loan Party, as proceeds of security, enforcement of any right of setoff or otherwise) is declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any Second Priority Secured Party, receiver or similar Person, then the obligation or part thereof originally intended to be satisfied shall, for the purposes of this Agreement and the rights and obligations of the First Priority Secured Parties and the Second Priority Secured Parties, be deemed to be reinstated and outstanding as if such payment had not occurred.

  • Civil Enforcement Officer means a person authorised by or on behalf of Lancashire County Council in accordance with Section 76 of the Traffic Management Act 2004;

  • Second Priority Obligations means (a) with respect to the Existing Second Priority Agreement, all “Secured Obligations” of each Loan Party as defined in the “Security Agreement” referred to in the Existing Second Priority Agreement and (b) with respect to each other Second Priority Agreement, (i) all principal of and interest (including without limitation any Post-Petition Interest) and premium (if any) on all indebtedness under such Second Priority Agreement, and (ii) all guarantee obligations, fees, expenses and other amounts payable from time to time pursuant to the applicable Second Priority Documents, in each case whether or not allowed or allowable in an Insolvency Proceeding. To the extent any payment with respect to any Second Priority Obligation (whether by or on behalf of any Loan Party, as proceeds of security, enforcement of any right of setoff or otherwise) is declared to be a fraudulent conveyance or a preference in any respect, set aside or required to be paid to a debtor in possession, any First Priority Secured Party, receiver or similar Person, then the obligation or part thereof originally intended to be satisfied shall, for the purposes of this Agreement and the rights and obligations of the First Priority Secured Parties and the Second Priority Secured Parties hereunder, be deemed to be reinstated and outstanding as if such payment had not occurred.

  • Senior Collateral Documents means the Security Agreement and the other “Security Documents” as defined in the Credit Agreement, the Pari Intercreditor Agreement (upon and after the initial execution and delivery thereof by the initial parties thereto) and each of the collateral agreements, security agreements and other instruments and documents executed and delivered by the Borrower or any other Grantor for purposes of providing collateral security for any Senior Obligation.

  • Law enforcement officer means any officer authorized to direct or regulate traffic or to make

  • Code enforcement officer means the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law.

  • Drug enforcement administration means the drug enforcement

  • Senior Collateral Agent means Citicorp USA, Inc., in its capacity as Senior Collateral Agent under the Senior Collateral Documents, and its successors.

  • Junior Priority Obligations means the Original Second Lien Obligations and any Additional Obligations constituting Junior Priority Debt.

  • Trust Enforcement Event in respect of the Securities means an Indenture Event of Default has occurred and is continuing in respect of the Debentures.

  • Bylaw Enforcement Officer means a person or persons appointed from time to time by resolution of City Council pursuant to Section 36 of the Police Act, the purpose of which is to enforce regulatory bylaws of the municipality.

  • Second Priority Collateral Documents means the Noteholder Collateral Documents and any other agreement, document or instrument pursuant to which a Lien is now or hereafter granted securing any Second Priority Claims or under which rights or remedies with respect to such Liens are at any time governed.

  • By-law Enforcement Officer means a municipal law enforcement officer of the Corporation of the Town of Huntsville who is dully appointed by the Council of the Corporation for the purpose of enforcing the provisions of the Corporation’s By-laws.

  • ABL Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • Senior Priority Obligations means the Original First Lien Obligations and any Additional Obligations constituting Senior Priority Debt.

  • Second Lien Collateral Documents means the “Security Documents” or “Collateral Documents” (as defined in the applicable Second Lien Documents) and any other agreement, document or instrument pursuant to which a Lien is granted securing any Second Lien Obligations or pursuant to which any such Lien is perfected.

  • Other Priority Claims means any Claim, other than an Administrative Claim or a Priority Tax Claim, entitled to priority in right of payment under section 507(a) of the Bankruptcy Code.