Liens Subordinate. The Guarantor agrees that, until the Obligations are paid in full and the Aggregate Commitments terminated, any Liens upon the Borrower's assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of the Guarantor, any Agent or Lender presently exist or are hereafter created or attach. Without the prior written consent of the Agent, the Guarantor, during the period in which any of the Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's right it may have against the Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's relief or insolvency proceeding) to enforce any Lien on assets of the Borrower held by the Guarantor.
Appears in 6 contracts
Sources: Guaranty Agreement (Corrida Resources Inc), Guaranty Agreement (Corrida Resources Inc), Guaranty Agreement (Queen Sand Resources Inc)
Liens Subordinate. The Guarantor Each Obligor agrees that, until the Borrower Obligations are paid in full in cash, no Letter of Credit shall be outstanding and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Obligor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Obligor, the Guarantor, any Administrative Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Obligor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerObligor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets securing payment of the Borrower Obligor Claims held by the Guarantorit.
Appears in 6 contracts
Sources: Credit Agreement (Oasis Petroleum Inc.), Guaranty and Pledge Agreement (Linn Energy, LLC), Guaranty and Pledge Agreement (Linn Energy, LLC)
Liens Subordinate. The Each Guarantor agrees that, until the Obligations are paid in full in cash, no Letter of Credit shall be outstanding and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Guaranteed Obligations, regardless of whether such encumbrances in favor of the such Guarantor, any the Agent or Lender any Secured Party presently exist or are hereafter created or attach. Without the prior written consent of the Agent, the no Guarantor, during the period in which any of the Obligations are outstanding or the Aggregate Commitments are in effect, shall not (ai) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerGuarantor Claims, or (bii) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets securing payment of the Borrower Guarantor Claims held by the Guarantorit.
Appears in 4 contracts
Sources: Commitment Letter (Chesapeake Energy Corp), Restructuring Support and Lock Up Agreement (Legacy Reserves Inc.), Restructuring Support and Lock Up Agreement (Legacy Reserves Inc.)
Liens Subordinate. The Guarantor agrees that, until the Obligations are paid in full and the Aggregate Commitments terminated, any Liens upon the Borrower's assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of the Guarantor, any Agent Collateral Agent, or the Lender Group presently exist or are hereafter created or attach. Without the prior written consent of the AgentLender Group, the Guarantor, during the period in which any of the Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's right it may have against the Borrower, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's relief or insolvency proceeding) to enforce any Lien on assets of the Borrower held by the Guarantor.
Appears in 3 contracts
Sources: Guaranty Agreement (Corrida Resources Inc), Guaranty Agreement (Corrida Resources Inc), Guaranty Agreement (Corrida Resources Inc)
Liens Subordinate. The Guarantor Each Grantor agrees that, until the Borrower Obligations are irrevocably and indefeasibly paid in full in cash, no Letter of Credit shall be outstanding and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Grantor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Grantor, the Guarantor, any Administrative Agent or Lender any Secured Party presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Grantor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the Borrower, Grantor Claims or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets of the Borrower held by the Guarantorit.
Appears in 2 contracts
Sources: Guaranty and Collateral Agreement (ABC Funding, Inc), Guaranty and Collateral Agreement (Petro Resources Corp)
Liens Subordinate. The Guarantor Each Obligor agrees that, until the Borrower Obligations are paid in full in cash, no Letter of Credit shall be outstanding and the Aggregate Commitments terminatedtermination of all of the Guaranteed Swap Agreements and the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Obligor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Obligor, the Guarantor, any Administrative Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Obligor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments or the Guaranteed Swap Agreements are in effect, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerObligor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets of the Borrower held by the Guarantorit.
Appears in 2 contracts
Sources: Guaranty and Collateral Agreement (Hornbeck Offshore Services Inc /La), Senior Secured Revolving Credit Agreement (Hornbeck Offshore Services Inc /La)
Liens Subordinate. The Guarantor Each Obligor agrees that, until the Borrower Obligations are paid in full in cash and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Obligor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Obligor, the Guarantor, any Collateral Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the Collateral Agent, the Guarantorno Obligor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerObligor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets of the Borrower held by the Guarantorit.
Appears in 2 contracts
Sources: Second Lien Guaranty and Collateral Agreement (Hornbeck Offshore Services Inc /La), First Lien Guaranty and Collateral Agreement (Hornbeck Offshore Services Inc /La)
Liens Subordinate. The Guarantor Each Grantor agrees that, until the Secured Obligations are paid in full (other than contingent indemnification obligations for which a claim has not been made) and the Aggregate all Commitments have terminated, any Liens upon the Borrower's assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Secured Obligations, regardless of whether such encumbrances in favor of such Grantor, the Guarantor, any Administrative Agent or Lender any other Secured Party presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Grantor, during the period in which any of the Secured Obligations are outstanding (other than contingent indemnification obligations for which a claim has not been made) or any of the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerGuarantor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including including, without limitation limitation, the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets of the Borrower held by the Guarantorit securing any Guarantor Claim.
Appears in 2 contracts
Sources: Revolving Credit and Term Loan Agreement (RadNet, Inc.), Revolving Credit and Term Loan Agreement (RadNet, Inc.)
Liens Subordinate. The Guarantor Each Grantor agrees that, until the Borrower Obligations are paid in full in cash, no Letter of Credit shall be outstanding and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Grantor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Grantor, the Guarantor, any Administrative Agent or Lender any Secured Party presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Grantor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the Borrower, Grantor Claims or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets of the Borrower held by the Guarantorit.
Appears in 2 contracts
Sources: Guaranty and Collateral Agreement (Rex Energy Corp), Guaranty and Collateral Agreement (Rex Energy Corp)
Liens Subordinate. The Guarantor Each Obligor agrees that, until the Borrower Obligations are paid in full in cash and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Obligor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Obligor, the Guarantor, any Administrative Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Obligor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerObligor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets of the Borrower held by the Guarantorit that secures any Obligor Claim.
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Liens Subordinate. The Guarantor Each Obligor agrees that, until the Borrower Obligations are paid in full in cash and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Obligor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Obligor, the Guarantor, any Administrative Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Obligor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's right it may have against any debtor in respect of the BorrowerObligor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's relief or insolvency proceeding) to enforce any Lien on assets securing payment of the Borrower Obligor Claims held by the Guarantorit.
Appears in 1 contract
Sources: Guaranty and Collateral Agreement (Global Geophysical Services Inc)
Liens Subordinate. The Guarantor Each Obligor agrees that, until the Borrower Obligations are paid in full in cash, no Letter of Credit shall be outstanding and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Obligor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Obligor, the Guarantor, any Administrative Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Obligor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effect, shall not (axiii) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerObligor Claims, or (bxiv) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets securing payment of the Borrower Obligor Claims held by the Guarantorit.
Appears in 1 contract
Liens Subordinate. The Guarantor Each Obligor agrees that, until the Borrower Obligations are paid in full and the Aggregate Commitments terminatedin cash, any Liens upon the Borrower's assets securing payment of the Guarantor Obligor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations and the Liens securing payment of the Senior Revolving Guarantor Obligations, regardless of whether such encumbrances in favor of such Obligor, the Guarantor, any Administrative Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the AgentAdministrative Agent and subject in all respects to the Intercreditor Agreement, the Guarantorno Obligor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effectoutstanding, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerObligor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets securing payment of the Borrower Obligor Claims held by the Guarantorit.
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Liens Subordinate. The Each Guarantor agrees that, until the Borrower Obligations are paid in full in cash, no Letter of Credit shall be outstanding and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of the such Guarantor, any the Administrative Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the no Guarantor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's right it may have against any debtor in respect of the BorrowerGuarantor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's relief or insolvency proceeding) to enforce any Lien on assets securing payment of the Borrower Guarantor Claims held by the Guarantorit.
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Liens Subordinate. The Guarantor Each Obligor agrees that, until the Borrower Obligations are paid in full in cash and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Obligor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Obligor, the Guarantor, any Administrative Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Obligor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerObligor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets securing payment of the Borrower Obligor Claims held by the Guarantorit.
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Liens Subordinate. The Guarantor Each Obligor agrees that, until the Borrower Obligations are paid in full in cash and the Aggregate Commitments terminatedtermination of all of the Commitments, any Liens upon the Borrower's assets securing payment of the Guarantor Obligor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Obligor, the Guarantor, any Administrative Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Obligor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effect, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerObligor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets of the Borrower held by the Guarantorit.
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Liens Subordinate. The Guarantor Each Obligor agrees that, until the Borrower Obligations are paid in full and the Aggregate Commitments terminatedin cash, any Liens upon the Borrower's assets securing payment of the Guarantor Obligor Claims shall be and remain inferior and subordinate to any Liens upon the Borrower's assets securing payment of the Obligations, regardless of whether such encumbrances in favor of such Obligor, the Guarantor, any Administrative Agent or Lender any Guaranteed Creditor presently exist or are hereafter created or attach. Without the prior written consent of the Administrative Agent, the Guarantorno Obligor, during the period in which any of the Borrower Obligations are outstanding or the Aggregate Commitments are in effectoutstanding, shall not (a) exercise or enforce any creditor's ’s right it may have against any debtor in respect of the BorrowerObligor Claims, or (b) foreclose, repossess, sequester or otherwise take steps or institute any action or proceeding (judicial or otherwise, including without limitation the commencement of or joinder in any liquidation, bankruptcy, rearrangement, debtor's ’s relief or insolvency proceeding) to enforce any Lien on assets of the Borrower held by the Guarantorit.
Appears in 1 contract
Sources: Second Lien Guarantee and Collateral Agreement (Parallel Petroleum Corp)