Common use of Waiver of Right to Contest Liens Clause in Contracts

Waiver of Right to Contest Liens. (a) The Term Agent, for and on behalf of itself and the Term Secured Parties, agrees that it and they shall not (and hereby waives any right to) take any action to contest or challenge (or assist or support any other Person in contesting or challenging), directly or indirectly, whether or not in any proceeding (including in any Insolvency Proceeding), the validity, priority, enforceability, or perfection of the Liens of the Revolving Lender and the Revolving Secured Parties in respect of the Common Collateral or the provisions of this Agreement. The Term Agent, for itself and on behalf of the Term Secured Parties, agrees that none of the Term Agent or the Term Secured Parties will take any action that would interfere with any Exercise of Secured Creditor Remedies undertaken by the Revolving Lender or any Revolving Secured Party under the Revolving Documents with respect to the Revolving Priority Collateral. The Term Agent, for itself and on behalf of the Term Secured Parties, hereby waives any and all rights it or the Term Secured Parties may have as a junior lien creditor or otherwise to contest, protest, object to, or interfere with the manner in which the Revolving Lender seeks to enforce its Liens in any Revolving Priority Collateral. The foregoing shall not be construed to prohibit the Term Agent from enforcing the provisions of this Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Vista Proppants & Logistics Inc.)

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Waiver of Right to Contest Liens. (a) The Term Agent, for and on behalf of itself and the Term Secured Parties, agrees that it and they shall not (and hereby waives any right to) take any action to contest or challenge (or assist or support any other Person in contesting or challenging), directly or indirectly, whether or not in any proceeding (including in any Insolvency Proceeding), the validity, priority, enforceability, enforceability or perfection of the ABL Obligations or the Liens of the Revolving Lender ABL Agent and the Revolving ABL Secured Parties in respect of any of the Common Collateral or the provisions of this Agreement. The Term Agent, for itself and on behalf of the Term Secured Parties, agrees that none of the Term Agent or the Term Secured Parties will take any action that would interfere with any Exercise of Secured Creditor Remedies undertaken by the Revolving Lender ABL Agent or any Revolving ABL Secured Party under the Revolving ABL Documents with respect to the Revolving ABL Priority Collateral. The Term Agent, for itself and on behalf of the Term Secured Parties, hereby waives any and all rights it or the Term Secured Parties may have as a junior lien creditor or otherwise to contest, protest, object to, or interfere with the manner in which the Revolving ABL Agent or any ABL Lender seeks to enforce its Liens in any Revolving ABL Priority Collateral. The foregoing shall not be construed to prohibit the Term Agent from enforcing the provisions of this Agreement or otherwise acting in accordance with this Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement (Overseas Shipholding Group Inc), Intercreditor Agreement (Overseas Shipholding Group Inc)

Waiver of Right to Contest Liens. (a) The Term Agent, for and on behalf of itself and the Term Secured Parties, agrees that it and they shall not (and hereby waives any right to) take any action to contest or challenge (or assist or support any other Person in contesting or challenging), directly or indirectly, whether or not in any proceeding (including in any Insolvency Proceeding), the validity, priority, enforceability, or perfection of the ABL Obligations or the Liens of the Revolving Lender ABL Agent and the Revolving ABL Secured Parties in respect of the Common Collateral or the provisions of this Agreement. The Term Agent, for itself and on behalf of the Term Secured Parties, agrees that none of the Term Agent or the Term Secured Parties will take any action that would interfere with any Exercise of Secured Creditor Remedies undertaken by the Revolving Lender ABL Agent or any Revolving ABL Secured Party under the Revolving ABL Documents with respect to the Revolving ABL Priority Collateral. The Term Agent, for itself and on behalf of the Term Secured Parties, hereby waives any and all rights it or the Term Secured Parties may have as a junior lien creditor or otherwise to contest, protest, object to, or interfere with the manner in which the Revolving ABL Agent or any ABL Lender seeks to enforce its Liens in any Revolving ABL Priority Collateral. The foregoing shall not be construed to prohibit the Term Agent from enforcing the provisions of this Agreement or otherwise acting in accordance with this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Pier 1 Imports Inc/De)

Waiver of Right to Contest Liens. (a) The Term Second Lien Agent, for and on behalf of itself and the Term Second Lien Secured Parties, agrees that it and they shall not (and hereby waives any right to) take any action to contest or challenge (or assist or support any other Person in contesting or challenging), directly or indirectly, whether or not in any proceeding (including in any Insolvency Proceeding), the validity, priority, enforceability, or perfection of the Liens of the Revolving Lender First Lien Agent and the Revolving First Lien Secured Parties in respect of the Common Collateral or the provisions of this Agreement. The Term Second Lien Agent, for itself and on behalf of the Term Second Lien Secured Parties, agrees that none of the Term Second Lien Agent or the Term Second Lien Secured Parties will take any action that would interfere with any Exercise of Secured Creditor Remedies undertaken by the Revolving Lender First Lien Agent or any Revolving First Lien Secured Party under the Revolving First Lien Loan Documents with respect to the Revolving Priority Collateral. The Term Second Lien Agent, for itself and on behalf of the Term Second Lien Secured Parties, hereby waives any and all rights it or the Term Second Lien Secured Parties may have as a junior lien creditor or otherwise to contest, protest, object to, or interfere with the manner in which the Revolving Lender First Lien Agent or any First Lien Secured Party seeks to enforce its Liens in any Revolving Priority Collateral. The foregoing shall not be construed to prohibit the Term Second Lien Agent from enforcing the provisions of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Sequential Brands Group, Inc.)

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Waiver of Right to Contest Liens. (a) The Term Agent, for and on behalf of itself and the Term Secured PartiesNoteholders, agrees that it and they shall not (and hereby waives any right to) take any action to contest or challenge (or assist or support any other Person in contesting or challenging), directly or indirectly, whether or not in any proceeding (including in any Insolvency Proceeding), the validity, priority, enforceability, or perfection of the Liens of the Revolving Lender and the Revolving Secured Parties ABL Agent in respect of the Common Collateral or the provisions of this Agreement. The Except to the extent expressly set forth in this Agreement, the Term Agent, for itself and on behalf of the Term Secured PartiesNoteholders, agrees that none of the Term Agent or the Term Secured Parties Noteholders will take any action that would interfere with any Exercise of Secured Creditor Remedies undertaken by the Revolving Lender or any Revolving Secured Party ABL Agent under the Revolving ABL Documents with respect to the Revolving ABL Priority Collateral. The Except to the extent expressly set forth in this Agreement, the Term Agent, for itself and on behalf of the Term Secured PartiesNoteholders, hereby waives any and all rights it or the Term Secured Parties Noteholders may have as a junior lien creditor or otherwise to contest, protest, object to, or interfere with the manner in which the Revolving Lender ABL Agent seeks to enforce its Liens in any Revolving ABL Priority Collateral. The foregoing shall not be construed to prohibit the Term Agent from enforcing the provisions of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Progress Precision Inc.)

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