Common use of Action Against Clause in Contracts

Action Against. If the Collateral Agent or the Investors, in violation of this Agreement, shall Commence Legal Action against Kroll or any other Borrower, Kroll or any Borrower (as applicable) may interpose as a defense or dilatory plea the making of this Agreement, and Foothill is hereby irrevocably authorized to intervene and to interpose such defense or plea in its name or in the name of Kroll or any other Borrower. If either the Collateral Agent or the Investors shall attempt to enforce, collect or realize upon any Palisade Debt or, any collateral, security or guarantees securing the Palisade Debt in violation of this Agreement, Kroll or any Borrower (as applicable) may, by virtue of this Agreement, restrain any such enforcement, collection or realization, or upon failure to do so, Foothill may restrain such enforcement, collection or realization, either in its own name or in the name of Kroll or any other Borrower, as the case may be.