Common use of No Other Restrictions Clause in Contracts

No Other Restrictions. Except as expressly set forth in this Agreement, and subject to the terms of the Senior Lien Pari Passu Intercreditor Agreement each Senior Lien Secured Party shall have the exclusive right to enforce any and all rights and exercise remedies with respect to the Collateral as it may have as a creditor under applicable law, including the right to the Exercise of Secured Creditor Remedies, in each case without any consultation with or the consent of any Junior Lien Agent or any other Junior Lien Secured Party; provided, however, that the Exercise of Secured Creditor Remedies with respect to the Collateral shall be subject to the provisions of this Agreement. The Senior Lien Agents may enforce the provisions of the Senior Lien Documents and may Exercise Any Secured Creditor Remedies, all in such order and in such manner as they may determine in the exercise of their sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law, and such enforcement and exercise shall include the rights of an agent appointed by the Senior Lien Agents to dispose of Collateral upon foreclosure, to incur expenses in connection with any such disposition and to exercise all the rights and remedies of a secured creditor under the Uniform Commercial Code, any Debtor Relief Law, any relevant Security Document or any other applicable law. Each Junior Lien Agent and each Junior Lien Secured Party agrees that it will not institute any suit or other proceeding or assert in any suit, Insolvency Proceeding or other proceeding any claim against any Senior Lien Agent or any other Senior Lien Secured Party seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to any action taken or omitted to be taken by such Person with respect to the Collateral that is permitted by (or not otherwise prohibited by) the terms of this Agreement, and none of such Persons shall be liable for any such action taken or omitted to be taken.

No Other Restrictions. Except as expressly set forth in this Agreement, and subject to the terms each of the Senior Lien Pari Passu Intercreditor Agreement each Senior Lien Secured Party Agents and the Secured Creditors shall have the exclusive right to enforce any and all rights and exercise remedies with respect to the Collateral as it may have as a creditor under applicable law, including the right to the Exercise of Secured Creditor Remedies, in each case without any consultation with or the consent of any Junior Lien Agent or any other Junior Lien Secured Party; provided, however, that the Exercise of Secured Creditor Remedies with respect to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including Sections 4.1 and 6 hereof. The Senior Lien Agents Each Secured Party Agent may enforce the provisions of the Senior Lien applicable Secured Debt Documents and may Exercise Any Secured Creditor Remedies, all in such order and in such manner as they each may determine in the exercise of their its sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law; provided, and however, that each Secured Party Agent agrees to provide to each other Party copies of any notices that it is required under applicable law to deliver to any Borrower or any Guarantor; provided, further, however, that such enforcement and exercise shall include the rights of an agent appointed by the Senior Lien Agents Secured Party Agent’s failure to dispose of Collateral upon foreclosure, to incur expenses in connection with provide any such disposition and copies to exercise all the rights and remedies of a secured creditor under the Uniform Commercial Code, any Debtor Relief Law, any relevant Security Document or any other Party shall not impair any of such Secured Party Agent’s rights hereunder or under any of the applicable lawSenior Debt Documents. Each Junior Lien Agent and each Junior Lien of the Secured Party Agents agrees that it will not institute any suit or other proceeding or assert in any suit, Insolvency Proceeding or other proceeding any claim against any Senior Lien other Secured Party Agent or any other Senior Lien Secured Party Creditor represented thereby seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to to, any action taken or omitted to be taken by such Person with respect to the Collateral that is permitted by (or not otherwise prohibited by) consistent with the terms of this Agreement, and none of such Persons shall be liable for any such action taken or omitted to be taken.

No Other Restrictions. Except as expressly set forth in this Agreement, and subject to the terms each of the Senior Lien Pari Passu Intercreditor Agreement Note Collateral Agent, each Senior Lien Secured HY Note Holder, the Revolving Credit Agent and each Revolving Secured Party shall have the exclusive right to enforce any and all rights and exercise remedies with respect to the Collateral as it may have as a creditor under applicable law, including the right to the Exercise of Secured Creditor Remedies, in each case without any consultation with or the consent of any Junior Lien Agent or any other Junior Lien Secured Party; provided, however, that the Exercise of Secured Creditor Remedies with respect undertake Enforcement actions to the Collateral shall be subject to the provisions of this Agreementextent permitted under Section 2.3(a). The Senior Lien Agents Revolving Credit Agent may enforce the provisions of the Senior Lien Revolving Loan Agreements and, except as otherwise provided herein, the Note Collateral Agent may enforce the provisions of the Secured HY Documents and and, except as otherwise provided herein, each may Exercise Any Secured Creditor Remediesundertake Enforcement Actions, all in such order and in such manner as they each may determine in the exercise of their its sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law; provided, however, that the Revolving Credit Agent agrees to provide to the Note Collateral Agent (x) an Enforcement Notice prior to undertaking any Enforcement Action, and such enforcement and exercise (y) copies of any notices that it is required under applicable law to deliver to any Loan Party; provided, further, that the Note Collateral Agent shall include provide to the rights Revolving Credit Agent copies of an agent appointed by any notices sent to the Senior Lien Agents Company of the occurrence of a Secured HY Event of Default, provided, further, however, any Party’s failure to dispose of Collateral upon foreclosure, to incur expenses in connection with provide any such disposition and copies to exercise all the other Party shall not impair any of the Party’s rights and remedies hereunder or under any of a secured creditor the Revolving Loan Agreements or under any of the Uniform Commercial CodeSecured HY Documents, any Debtor Relief Law, any relevant Security Document or any other applicable lawas applicable. Each Junior Lien Agent and each Junior Lien Secured Party agrees (i) that it will not institute any suit or other proceeding or asserting and will not assert in any suit, Insolvency Proceeding or other proceeding proceeding, any claim against any Senior Lien Agent or any the other Senior Lien Secured Party seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to to, any action taken or omitted to be taken by such Person with respect to the Collateral that which is permitted by (or not otherwise prohibited by) consistent with the terms of this Agreement, and none of such Persons Parties shall be liable for any such action taken or omitted to be taken, or (ii) it will not be a petitioning creditor or otherwise assist in the filing of an involuntary Insolvency Proceeding.

No Other Restrictions. Except as expressly set forth in this Agreement, and subject to the terms of the Senior Lien Pari Passu Intercreditor Agreement each Senior Lien Secured Party Agent and each Secured Creditor shall have the exclusive right to enforce any and all rights and exercise remedies with respect to the Collateral as it may have as a creditor under applicable law, including the right to the Exercise of Secured Creditor Remedies, in each case without any consultation with or the consent of any Junior Lien Agent or any other Junior Lien Secured Party; provided, however, that the Exercise of Secured Creditor Remedies with respect to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including Section 4.1. The Senior Lien Agents Each Secured Party Agent may enforce the provisions of the Senior Lien Documents applicable Secured Debt Documents, and each Secured Party Agent may Exercise Any Secured Creditor Remedies, all in such order and in such manner as they each may determine in the exercise of their its sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law; provided, and however, that each Secured Party Agent agrees to provide to each other such enforcement and exercise shall include the rights Party copies of an agent appointed by the Senior Lien Agents any notices that it is required under applicable law to dispose of Collateral upon foreclosuredeliver to any Credit Party; provided, further, however, that any Secured Party Agent’s failure to incur expenses in connection with provide any such disposition and copies to exercise all the rights and remedies of a secured creditor under the Uniform Commercial Code, any Debtor Relief Law, any relevant Security Document or any other such Party shall not impair any Secured Party Agent’s rights hereunder or under any of the applicable lawSecured Debt Documents. Each Junior Lien Except as may be separately otherwise agreed by and between or among any applicable Secured Party Agents, each Secured Party Agent agrees for and on behalf of itself and each Secured Creditor represented thereby that such Secured Party Agent and each Junior Lien such Secured Party agrees that it Creditor will not institute any suit or other proceeding or assert in any suit, Insolvency Proceeding or other proceeding any claim against any Senior Lien other Secured Party Agent or any other Senior Lien Secured Party Creditor represented thereby seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to any action taken or omitted to be taken by such Person with respect to the Collateral that is permitted by (or not otherwise prohibited by) consistent with the terms of this Agreement, and none of such Persons shall be liable for any such action taken or omitted to be taken.

No Other Restrictions. Except as expressly otherwise set forth in this Agreement, and subject to the terms each of the Senior Lien Pari Passu Intercreditor Agreement each Senior Lien Secured Party Agents and the Secured Creditors shall have the exclusive right to enforce any and all rights and exercise remedies with respect to the Collateral as it may have as a creditor under applicable law, including the right to the Exercise of Secured Creditor Remedies, in each case without any consultation with or the consent of any Junior Lien Agent or any other Junior Lien Secured Party; provided, however, that any and all rights and remedies it may have as a creditor under applicable law with respect to the Collateral, including the Exercise of Secured Creditor Remedies with respect to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including Section 4.1 hereof. The Senior Lien Agents Except as otherwise set forth in this Agreement, each Secured Party Agent may enforce the provisions of the Senior Lien Documents applicable Secured Debt Documents, and each may Exercise Any Secured Creditor Remedies, all in such order and in such manner as they each may determine in the exercise of their its sole discretion, consistent with the terms of this Agreement and mandatory provisions of applicable law; provided, and however, that each Secured Party Agent agrees to provide to each other such enforcement and exercise shall include the rights Party copies of an agent appointed by the Senior Lien Agents any notices that it is required under applicable law to dispose of Collateral upon foreclosuredeliver to any Borrower or any Guarantor; provided, further, however, that such Secured Party Agent’s failure to incur expenses in connection with provide any such disposition and copies to exercise all the rights and remedies of a secured creditor under the Uniform Commercial Code, any Debtor Relief Law, any relevant Security Document or any other such Party shall not impair any of such Secured Party Agent’s rights hereunder or under any of the applicable lawSecured Debt Documents. Each Junior Lien Agent and each Junior Lien of the Secured Party Agents agrees that it will not institute any suit or other proceeding or assert in any suit, Insolvency Proceeding or other proceeding any claim against any Senior Lien other Secured Party Agent or any other Senior Lien Secured Party Creditor represented thereby seeking damages from or other relief by way of specific performance, instructions or otherwise, with respect to to, any action taken or omitted to be taken by such Person with respect to the Collateral that is permitted by (or not otherwise prohibited by) consistent with the terms of this Agreement, and none of such Persons shall be liable for any such action taken or omitted to be taken.