Common use of Defense to Enforcement Clause in Contracts

Defense to Enforcement. If the Subordinating Creditors, in contravention of the terms of this Agreement; shall commence, prosecute or participate in any suit, action or proceeding against the Borrower, then the Bank may intervene and interpose as a defense or plea in its name or in the name of the Borrower the making of this Agreement, and provided that prior to the commencement or initiation of prosecution or participation in any such suit, action or proceeding, the Bank shall have received written notice thereof from the Subordinating Creditors, the Borrower may not interpose such defense or plea. Each of the Subordinating Creditors hereby agrees (i) that in any suit, action or proceeding described in the preceding sentence, the Bank shall have an interest relating to such suit, action or proceeding and such suit, action or proceeding would impair or impede the Bank's ability to protect such interest and (ii) in any such suit, action or proceeding, the Borrower would not be in a position to adequately represent the interest of the Bank. If either of the Subordinating Creditors, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated Documents, then the Bank may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Bank or in the name of the Borrower. If either of the Subordinating Creditors, in contravention of the terms of this Agreement, obtains any cash or other assets of the Borrower as a result of any administrative, legal or equitable actions, or otherwise, each of the Subordinating Creditors agrees forthwith to pay, deliver and assign to the Bank, for the account of the Banks and the Bank, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets as collateral for the Senior Debt.

Defense to Enforcement. If the any Subordinating CreditorsCreditor, in contravention of the terms of this Agreement; , shall commence, prosecute or participate in any suit, action or proceeding against the Borrower, then the Bank Borrower may interpose as a defense or plea the making of this Agreement, and any Senior Creditor and/or any other holder of Senior Debt, may intervene and interpose as a such defense or plea in its name or in the name of the Borrower the making of this Agreement, and provided that prior to the commencement or initiation of prosecution or participation in any such suit, action or proceeding, the Bank shall have received written notice thereof from the Subordinating Creditors, the Borrower may not interpose such defense or plea. Each of the Subordinating Creditors hereby agrees (i) that in any suit, action or proceeding described in the preceding sentence, the Bank shall have an interest relating to such suit, action or proceeding and such suit, action or proceeding would impair or impede the Bank's ability to protect such interest and (ii) in any such suit, action or proceeding, the Borrower would not be in a position to adequately represent the interest of the BankBorrower. If either of the any Subordinating CreditorsCreditor, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated Documents, then any Senior Creditor, other holder of Senior Debt or the Bank Borrower may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Bank such Senior Creditor and/or other holder of Senior Debt or in the name of the Borrower. If either of the any Subordinating CreditorsCreditor, in contravention of the terms of this Agreement, obtains any cash or other assets of the Borrower as a result of any administrative, legal or equitable actions, or otherwise, each of the such Subordinating Creditors Creditor agrees forthwith to pay, deliver and assign to the Bank, for the account Senior Creditors and/or any other holders of the Banks and the Bank, Senior Debt in each case with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets as collateral for the Senior Debt.

Defense to Enforcement. If the Subordinating CreditorsCreditor, in contravention of the terms of this Intercreditor Agreement; , shall commence, prosecute or participate in any suit, action or proceeding against the Borrower, then the Bank Borrower may interpose as a defense or plea the making of this Intercreditor Agreement, and the Agent or any Revolving Credit Lender may intervene and interpose as a such defense or plea in its name or in the name of the Borrower the making of this Agreement, and provided that prior to the commencement or initiation of prosecution or participation in any such suit, action or proceeding, the Bank shall have received written notice thereof from Borrower. If the Subordinating Creditors, the Borrower may not interpose such defense or plea. Each of the Subordinating Creditors hereby agrees (i) that in any suit, action or proceeding described in the preceding sentence, the Bank shall have an interest relating to such suit, action or proceeding and such suit, action or proceeding would impair or impede the Bank's ability to protect such interest and (ii) in any such suit, action or proceeding, the Borrower would not be in a position to adequately represent the interest of the Bank. If either of the Subordinating CreditorsCreditor, in contravention of the terms of this Intercreditor Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated DocumentsNotes, then the Bank Agent, any Revolving Credit Lender or the Borrower may, by virtue of this Intercreditor Agreement, restrain the enforcement thereof in the name of the Bank Agent or such Revolving Credit Lender or in the name of the Borrower. If either of the Subordinating CreditorsCreditor, in contravention of the terms of this Intercreditor Agreement, obtains any cash or other assets of the Borrower as a result of any administrative, legal or equitable actions, or otherwise, each of the Subordinating Creditors Creditor agrees forthwith to pay, deliver and assign to the BankAgent, for the account of the Banks Revolving Credit Lenders and the BankAgent, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets as collateral for the Senior Debt.

Defense to Enforcement. If the Collateral Agent or any Subordinating CreditorsCreditor, in contravention of the terms of this Agreement; , shall commence, prosecute or participate in any suit, action or proceeding against the Borrower, then the Bank Borrower may interpose as a defense or plea the making of this Agreement, and the Agent or any Lender may intervene and interpose as a such defense or plea in its name or in the name of the Borrower the making of this Agreement, and provided that prior to the commencement or initiation of prosecution or participation in any such suit, action or proceeding, the Bank shall have received written notice thereof from the Subordinating Creditors, the Borrower may not interpose such defense or plea. Each of the Subordinating Creditors hereby agrees (i) that in any suit, action or proceeding described in the preceding sentence, the Bank shall have an interest relating to such suit, action or proceeding and such suit, action or proceeding would impair or impede the Bank's ability to protect such interest and (ii) in any such suit, action or proceeding, the Borrower would not be in a position to adequately represent the interest of the BankBorrower. If either of the Collateral Agent or any Subordinating CreditorsCreditor, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or Trustee Claims, as the case may be, or enforce any of the Subordinated DocumentsDocuments in respect of the Subordinated Debt or Trustee Claims, as the case may be, then the Bank Agent, any Lender or the Borrower may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Bank Agent or such Lender or in the name of the Borrower. If either of the Collateral Agent or any Subordinating CreditorsCreditor, in contravention of the terms of this Agreement, obtains on account of the Subordinated Debt or Trustee Subordinated Claims, as the case may be, any cash or other assets of the Borrower or any Company as a result of any administrative, legal or equitable actions, or otherwise, each the Collateral Agent or such Subordinating Creditor (in the case of the Subordinating Creditors Trustee or the Collateral Agent, to the extent such cash or other asset have not been turned over to the Holders), agrees forthwith to pay, deliver and assign to the BankAgent, for the account of the Banks Lenders and the BankAgent, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets as collateral for the Senior Debt.

Defense to Enforcement. If the Collateral Agent or any Subordinating CreditorsCreditor, in contravention of the terms of this Agreement; , shall commence, prosecute or participate in any suit, action or proceeding against the Borrower, then the Bank Borrower may interpose as a defense or plea the making of this Agreement, and the Agent or any Lender may intervene and interpose as a such defense or plea in its name or in the name of the Borrower the making of this Agreement, and provided that prior to the commencement or initiation of prosecution or participation in any such suit, action or proceeding, the Bank shall have received written notice thereof from the Subordinating Creditors, the Borrower may not interpose such defense or plea. Each of the Subordinating Creditors hereby agrees (i) that in any suit, action or proceeding described in the preceding sentence, the Bank shall have an interest relating to such suit, action or proceeding and such suit, action or proceeding would impair or impede the Bank's ability to protect such interest and (ii) in any such suit, action or proceeding, the Borrower would not be in a position to adequately represent the interest of the BankBorrower. If either of the Collateral Agent or any Subordinating CreditorsCreditor, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or Trustee Claims, as the case may be, or enforce any of the Subordinated DocumentsDocuments in respect of the Subordinated Debt or Trustee Claims, as the case may be, then the Bank Agent, any Lender or the Borrower may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Bank Agent or such Lender or in the name of the Borrower. If either of the Collateral Agent or any Subordinating CreditorsCreditor, in contravention of the terms of this Agreement, obtains on account of the Subordinated Debt or Trustee Claims, as the case may be, any cash or other assets of the Borrower or any Company as a result of any administrative, legal or equitable actions, or otherwise, each the Collateral Agent or such Subordinating Creditor (in the case of the Subordinating Creditors Trustee or the Collateral Agent, to the extent such cash or other asset have not been turned over to the Holders), agrees forthwith to pay, deliver and assign to the BankAgent, for the account of the Banks Lenders and the BankAgent, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets as collateral for the Senior Debt.