Common use of Standstill Period Clause in Contracts

Standstill Period. (a) If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the Holders, will give the Credit Facility Secured Party written notice thereof (an "ENFORCEMENT EVENT NOTICE"). (b) The Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with SECTION 3.4, take one or more Enforcement Actions so long as: (i) (A) an Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the "EXPIRY DATE"); (B) the Credit Facility Secured Party has not, on or before the Expiry Date, commenced one or more Enforcement Actions, and (C) the Issuer or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding; or (ii) (A) the Credit Facility Secured Party has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing any Enforcement Actions, (B) no Insolvency Proceeding is pending against Borrower or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken, and (C) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing. (c) Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.

Appears in 2 contracts

Sources: Intercreditor Agreement (Majestic Investor Capital Corp), Indenture (Majestic Investor Capital Corp)

Standstill Period. (a) If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the Holdersholders of the Notes, will may give the Credit Facility Secured Party Lender written notice thereof (an "ENFORCEMENT EVENT NOTICEEnforcement Event Notice"). . If (ba) The Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with SECTION 3.4, take one or more Enforcement Actions so long as: (i) (A) an such Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the "EXPIRY DATEExpiry Date"); , (Bb) the Credit Facility Secured Party Lender has not, on or before the Expiry Date, commenced (and notified the Trustee that the Credit Facility Lender has commenced) one or more Enforcement Actions, and (Cc) the Issuer Borrower or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding; or , then the Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. If (ii) (Ai) the Credit Facility Secured Party Lender has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing any one or more Enforcement Actions, (Bii) no Insolvency Proceeding is pending against Borrower or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken, and (Ciii) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing. (c) , then the Trustee may, subject to the Lien Priority and the prior application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.

Appears in 2 contracts

Sources: Indenture (Peninsula Gaming Corp), Intercreditor Agreement (Peninsula Gaming Corp)

Standstill Period. (a) If an Enforcement Event with respect to the Indenture Documents has occurred and is continuing, the Trustee, on behalf of the Holders, will give the Credit Facility Secured Party Senior Creditor written notice thereof (an "ENFORCEMENT EVENT NOTICE"“Enforcement Event Notice”). (b) The Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with SECTION Section 3.4, take one or more Enforcement Actions so long as: (i) (A) an Enforcement Event is continuing for more than 180 45 consecutive days after the delivery of such an Enforcement Event Notice (the "EXPIRY DATE"“Expiry Date”); (B) the Credit Facility Secured Party Senior Creditor has not, on or before the Expiry Date, commenced one or more Enforcement Actions, and (C) the Issuer or the Subsidiary Guarantor against which the Trustee's ’s proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding; or (ii) (A) the Credit Facility Secured Party Senior Creditor has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing any Enforcement Actions, (B) no Insolvency Proceeding is pending against Borrower the Issuer or the Subsidiary any Guarantor against which the Trustee's ’s proposed Enforcement Action is to be taken, and (C) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing. (c) Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.

Appears in 2 contracts

Sources: Intercreditor Agreement (TWC Holding Corp.), Intercreditor Agreement (Wornick CO Right Away Division, L.P.)

Standstill Period. (a) If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the Holders, will give the Credit Facility Secured Party written notice thereof (an "ENFORCEMENT EVENT NOTICEEnforcement Event Notice"). (b) The Trustee may, subject to the Lien Priority and the application of all proceeds of the Credit Agreement Collateral in accordance with SECTION Section 3.4, take one or more Enforcement Actions so long as: (i) (A) an Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the "EXPIRY DATEExpiry Date"); , (B) the Credit Facility Secured Party has not, on or before the Expiry Date, commenced one or more Enforcement Actions, and (C) the no Issuer or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding; or (ii) (A) the Credit Facility Secured Party has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing any Enforcement Actions, (B) no Insolvency Proceeding is pending against Borrower or the Subsidiary Guarantor any Issuer against which the Trustee's proposed Enforcement Action is to be taken, and (C) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing. (c) Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents. (d) Notwithstanding any other provision of this Agreement, the Credit Facility Secured Party waives any and all rights or remedies relating to the Noteholder Collateral except the Credit Agreement Collateral.

Appears in 1 contract

Sources: Intercreditor Agreement (Jalou Cashs LLC)

Standstill Period. (a) If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the Holders, will may (but shall not be obligated to) give the Credit Facility Secured Party written notice thereof (an "ENFORCEMENT EVENT NOTICEEnforcement Event Notice"); provided, however, that the Trustee may not take any Enforcement Action except in accordance with Section 3.2(b) after such Enforcement Event Notice has been delivered to the Credit Facility Secured Party. (b) The Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with SECTION Section 3.4, take one or more Enforcement Actions so long as: (i) (A) an Enforcement Event is continuing for more than 180 consecutive days has lapsed after the delivery of such an Enforcement Event Notice (the "EXPIRY DATEExpiry Date"); (B) the Credit Facility Secured Party has not, on or before the Expiry Date, commenced one or more Enforcement Actions, and (C) the Issuer RHC or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding; or (ii) (A) the Credit Facility Secured Party has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer actively pursuing any Enforcement Actions, (B) no Insolvency Proceeding is pending against Borrower RHC or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken, and (C) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing. (c) Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.

Appears in 1 contract

Sources: Intercreditor Agreement (Riviera Holdings Corp)

Standstill Period. (a) If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the Holdersholders of the Notes, will may give the Credit Facility Secured Party Lender written notice thereof (an "ENFORCEMENT EVENT NOTICE"“Enforcement Event Notice”). . If (a) such Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the “Expiry Date”), (b) The the Credit Facility Lender has not, on or before the Expiry Date, commenced (and notified the Trustee that the Credit Facility Lender has commenced) one or more Enforcement Actions, and (c) any Issuer or Guarantor against which the Trustee’s proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding, then the Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with SECTION Section 3.4, take one or more Enforcement Actions so long as: Actions. If (i) (A) an Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the "EXPIRY DATE"); (B) the Credit Facility Secured Party has not, on or before the Expiry Date, commenced one or more Enforcement Actions, and (C) the Issuer or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding; or (ii) (A) the Credit Facility Secured Party Lender has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing any one or more Enforcement Actions, (Bii) no Insolvency Proceeding is pending against Borrower any Issuer or the Subsidiary Guarantor against which the Trustee's ’s proposed Enforcement Action is to be taken, and (Ciii) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing. (c) , then the Trustee may, subject to the Lien Priority and the prior application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.

Appears in 1 contract

Sources: Intercreditor Agreement (Old Evangeline Downs Capital Corp)

Standstill Period. (a) If an Enforcement Event has occurred and is continuing, the Trustee, on behalf of the Holdersholders of the Notes, will may give the Credit Facility Secured Party Senior Lien Creditor Representative written notice thereof (an "ENFORCEMENT EVENT NOTICE"). , which notice shall constitute notice to each Senior Lien Creditor. If (ba) The Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with SECTION 3.4, take one or more Enforcement Actions so long as: (i) (A) an such Enforcement Event is continuing for more than 180 consecutive days after the delivery of such Enforcement Event Notice (the "EXPIRY DATE"); , (Bb) the Credit Facility Secured Party has notno Senior Lien Creditor Representative has, on or before the Expiry Date, commenced (and notified the Trustee that such Senior Lien Creditor Representative has commenced) one or more Enforcement Actions, and (Cc) the Issuer or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken is not the subject of an Insolvency Proceeding; or , then the Trustee may, subject to the Lien Priority and the application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. If (iii) (A) the Credit Facility Secured Party any Senior Lien Creditor Representative has commenced any Enforcement Action on or prior to the Expiry Date and, at any time after the Expiry Date, is no longer pursuing any one or more Enforcement Actions, (Bii) no Insolvency Proceeding is pending against Borrower the Issuers or the Subsidiary Guarantor against which the Trustee's proposed Enforcement Action is to be taken, and (Ciii) the Enforcement Event that was the subject of, or existing on the date of, the Enforcement Event Notice is then continuing. (c) , then the Trustee may, subject to the Lien Priority and the prior application of all proceeds of the Collateral in accordance with Section 3.4, take one or more Enforcement Actions. Except as expressly provided for in this Agreement, nothing in this Agreement shall prevent the Parties hereto from exercising any other remedy, or taking any other action, under any of the Financing Documents.

Appears in 1 contract

Sources: Intercreditor Agreement (Old Evangeline Downs Capital Corp)