Common use of Covenants Not to Xxx Clause in Contracts

Covenants Not to Xxx. Each of the Releasing Parties hereby promises, covenants and agrees not to xxx any of the Lender Released Parties, and not to bring any legal action or proceeding of any kind, at any time, against any of the Lender Released Parties, in any court or administrative proceeding, in any venue, which legal action or proceeding (a) violates any covenant, condition, representation or warranty made by the Releasing Parties in this Agreement, in any other Loan Documents or in any of the Previous Loan Documents, or (b) directly or indirectly seeks to (i) obtain or procure issuance of any temporary restraining order, or preliminary injunction, or permanent injunction, or any other equitable or provisional relief against any of the Lender Released Parties based on acts or omissions which allegedly occurred prior to the Effective Date of this Agreement, or (ii) impose or bring any Lender Liability Claims on or against any of the Lender Released Parties based on acts or omissions which allegedly occurred prior to the Effective Date of this Agreement, or (iii) obtain or impose on any of the Lender Released Parties any injunctive relief based on acts or omissions which allegedly occurred prior to the Effective Date of this Agreement. The foregoing covenants not to xxx are permanent and shall survive the expiration or termination of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Integrated Healthcare Holdings Inc), Credit Agreement (Integrated Healthcare Holdings Inc)

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Covenants Not to Xxx. Each of the Borrower Releasing Parties hereby promises, covenants and agrees not to xxx any of the Lender Released Parties, and not to bring any legal action or proceeding of any kind, at any time, kind against any of the Lender Released Parties, in any court or administrative proceeding, in any venue, which legal action or proceeding (a) violates any covenant, condition, representation or warranty made by the Releasing Parties in this Agreement, in any other Loan Documents or in any of the Previous Loan Documents, or (b) directly or indirectly seeks to (ia) obtain or procure issuance of any temporary restraining order, or a preliminary injunction, or a permanent injunction, or any other equitable or provisional relief against any of the Lender Released Parties based on acts or omissions which allegedly occurred prior to the Effective Date of this AgreementAmendment No. 1, or (iib) impose or bring any Lender Liability Claims on or against any of the Lender Released Parties based on acts or omissions which allegedly occurred prior to the Effective Date of this AgreementAmendment No. 1, or (iiic) obtain or impose on any of the Lender Released Parties any injunctive relief Injunctive Relief based on acts or omissions which allegedly occurred prior to the Effective Date of this AgreementAmendment No. The foregoing covenants not to xxx are permanent and shall survive 1, or (d) which legal action or proceeding violates any covenant, condition, representation or warranty made by the expiration or termination of Borrower Releasing Parties in this AgreementAmendment No. 1.

Appears in 1 contract

Samples: Credit Agreement (Integrated Healthcare Holdings Inc)

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Covenants Not to Xxx. (a) Each of the Releasing Parties hereby promises, covenants and agrees not to xxx any of the Lender Released Parties, and not to bring any legal action or proceeding of any kind, at any time, against any of the Lender Released Parties, in any court or administrative proceeding, in any venue, which legal action or proceeding (a) violates any covenant, condition, representation or warranty made by the Releasing Parties in this Agreement, in any other Loan Documents or in any of the Previous Loan Documents, or (b) directly or indirectly seeks to (i) obtain or procure issuance of any temporary restraining order, or preliminary injunction, or permanent injunction, or any other equitable or provisional relief against any of the Lender Released Parties based on acts or omissions which allegedly occurred prior to the Effective Date of this Agreement, or (ii) impose or bring any Lender Liability Claims on or against any of the Lender Released Parties based on acts or omissions which allegedly occurred prior to the Effective Date of this Agreement, or (iii) obtain or impose on any of the Lender Released Parties any injunctive relief based on acts or omissions which allegedly occurred prior to the Effective Date of this Agreement. The foregoing covenants not to xxx are permanent and shall survive the expiration or termination of this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Integrated Healthcare Holdings Inc)

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