Permitted Enforcement Actions has the meaning assigned to such term in Section 3.01.
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...
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.
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;