Actions Upon Breach. (a) If any Second-Lien Creditor, contrary to this Agreement, commences or participates in any action or proceeding against any Grantor or the Collateral, such Grantor, with the prior written consent of the First-Lien Collateral Agent, may interpose as a defense or dilatory plea the making of this Agreement, and any First-Lien Creditor may intervene and interpose such defense or plea in its or their name or in the name of such Grantor.
Appears in 5 contracts
Samples: Intercreditor Agreement (Trico Marine Services Inc), Intercreditor Agreement (Dune Energy Inc), Intercreditor Agreement (Atp Oil & Gas Corp)
Actions Upon Breach. (a) If any Second-Lien CreditorClaimholder, contrary to this Agreement, commences or participates in any action or proceeding against any Grantor with respect to the Collateral or against the Collateral, such Grantor, with the prior written consent of the any First-Lien Collateral Agent, Creditor may intervene and interpose as a defense or dilatory plea the making of this Agreement, and any First-Lien Creditor may intervene and interpose such defense or plea in its or their name or in the name of such Grantor.
Appears in 4 contracts
Samples: Subordination Agreement (Kior Inc), Registration Rights Agreement (Kior Inc), Subordination Agreement (Kior Inc)
Actions Upon Breach. (a) If any Second-Lien Creditor, contrary to this Agreement, commences or participates in any action or proceeding against any Grantor or the Collateral, such Grantor, with the prior written consent of the any First-Lien Collateral Agent, Creditor may intervene and interpose as a defense or dilatory plea the making of this Agreement, and any First-Lien Creditor may intervene and interpose such defense or plea in its or their name or in the name of such Grantor.
Appears in 2 contracts
Samples: Intercreditor Agreement (CMP Susquehanna Radio Holdings Corp.), Intercreditor Agreement (CMP Susquehanna Radio Holdings Corp.)
Actions Upon Breach. (a) If any Second-Lien Creditor, contrary to this Agreement, commences or participates in any action or proceeding Enforcement Action against Borrower, any other Grantor or the Collateral, such Grantor, with the prior written consent First-Lien Collateral Agent may intervene and may interpose in the name of the First-Lien Collateral Agent, may interpose Creditors or in the name of any Grantor the making of this Agreement as a defense or dilatory plea the making of this Agreement, and any First-Lien Creditor may intervene and interpose such defense or plea in its or their name or in the name of such Grantorplea.
Appears in 2 contracts
Samples: Intercreditor Agreement (Appvion, Inc.), Credit Agreement (Paperweight Development Corp)
Actions Upon Breach. (a) If any Second-Lien CreditorClaimholder, contrary to this Agreement, commences or participates in any action or proceeding against any Grantor or the Collateral, such Grantor, with the prior written consent of the any First-Lien Collateral Agent, Creditor may intervene and interpose as a defense or dilatory plea the making of this Agreement, and any First-Lien Creditor may intervene and interpose such defense or plea in its or their name or in the name of such Grantor.
Appears in 1 contract
Actions Upon Breach. (a) If any Second-Second Lien CreditorClaimholder, contrary to this Agreement, commences or participates in any action or proceeding against any Borrower, any other Grantor or the Collateral, such Borrower or such Grantor, with the prior written consent of the First-First Lien Collateral Agent, may interpose as a defense or dilatory plea the making of this Agreement, and any First-the First Lien Creditor Collateral Agent may intervene and interpose such defense or plea in its or their name, in the name of the First Lien Claimholders or in the name of such Borrower or such Grantor.
Appears in 1 contract
Samples: Intercreditor Agreement (Prospect Medical Holdings Inc)
