Enforcement Rights definition
Examples of Enforcement Rights in a sentence
Notwithstanding any provision or condition, express or implied, in the Subscription Documents or any other agreement, document or instrument, each Holder hereby irrevocably covenants to the Agent and each other that it will not exercise any Enforcement Rights it may have against the Company, or take or threaten to take any other enforcement action whatsoever with respect to the Company, except to the extent such Holder is acting or qualifies as the “Majority Holders” and is instructing the Agent.
Each Holder hereby appoints and designates the Agent as agent hereunder and under the Debentures issued to such Holder to carry out the responsibilities and exercise the powers and rights constituting its Enforcement Rights and the powers and rights set out in this Agreement.
Unless otherwise excused as provided herein, the Agent shall act on all written instructions received from the Majority Holders with respect to any action to be taken or not to be taken in connection with this Agreement or the Debentures including, without limitation, actions to be taken pursuant to the Enforcement Rights.
Without restricting its other powers set out in this Agreement, the Agent may maintain a bank account (the “Agent’s Account”) and deposit into the Agent’s Account all payments it may receive in exercising any Enforcement Rights and to pay those amounts on a pro rata basis to the Holders based on their Rateable Benefit Percentage within five Business Days of those amounts being credited to the Agent’s Account.