Proofs of Claim. If, while any Senior Indebtedness is outstanding, the Company shall commence or be subject to any Bankruptcy, the Holder shall duly and promptly take such action as the holder of Senior Indebtedness may reasonable request to collect any payment with respect to this Subordinated Note for the account of the holder of the Senior Indebtedness and to file appropriate claims or proofs of claim in respect of this Subordinated Note. Upon the failure of the Holder to take any such action, the holder of Senior Indebtedness is hereby irrevocably authorized and empowered (in its own name or otherwise), but shall have no obligation, to demand, ▇▇▇ for, collect and receive every payment or distribution referred to in respect of this Subordinated Note and to file claims and proofs of claim with respect of this Subordinated Note and the Holder hereby appoints the holder of Senior Indebtedness or its representative as attorney-in-fact for such Holder to take any and all actions permitted by this paragraph to be taken by such Holder.
Appears in 2 contracts
Sources: Subscription Agreement (Transbotics Corp), Subscription Agreement (Transbotics Corp)
Proofs of Claim. If, while any Senior Indebtedness is outstanding, the Company shall commence or be subject to any BankruptcyEvent of Default under Section 10(f) of this Agreement occurs, the Holder Lender shall duly and promptly take such action as the any holder of Senior Indebtedness may reasonable reasonably request to collect any payment with respect to the amounts due and payable under this Subordinated Note Agreement for the account of the holder holders of the Senior Indebtedness and to file appropriate claims or proofs of claim in respect of this Subordinated NoteAgreement. Upon the failure of the Holder Lender to take any such action, the each holder of Senior Indebtedness is hereby irrevocably authorized and empowered (in its own name or otherwise), but shall have no obligation, to demand, ▇s▇▇ for, collect and receive every payment or distribution referred to in respect of this Subordinated Note Agreement and to file claims and proofs of claim and take such other action as it may deem necessary or advisable for the exercise or enforcement of any of the rights or interests of the Lender with respect of to this Subordinated Note and the Holder hereby appoints the holder of Senior Indebtedness or its representative as attorney-in-fact for such Holder to take any and all actions permitted by this paragraph to be taken by such HolderAgreement.
Appears in 2 contracts
Sources: Term Loan Agreement (MSC Income Fund, Inc.), Credit Agreement (MSC Income Fund, Inc.)
Proofs of Claim. If, while any Senior Indebtedness is outstanding, the Company shall commence or be subject to any Bankruptcy, the Holder shall duly and promptly take such action as the holder of Senior Indebtedness may reasonable request to collect any payment with respect to this Subordinated Note for the account of the holder of the Senior Indebtedness and to file appropriate claims or proofs of claim in respect of this Subordinated Note. Upon the failure of the Holder to take any such action, the holder of Senior Indebtedness is hereby irrevocably authorized and empowered (in its own name or otherwise), but shall have no obligation, to demand, ▇▇▇ sue for, collect and receive every payment or distribution referred to in respect of this Subordinated Note and to file claims and proofs of claim with respect of this Subordinated Note and the Holder hereby appoints the holder of Senior Indebtedness or its representative as attorney-in-fact for such Holder to take any and all actions permitted by this paragraph to be taken by such HolderH▇▇▇▇▇.
Appears in 2 contracts
Sources: Subordinated Note (Transbotics Corp), Subordinated Note (Transbotics Corp)
Proofs of Claim. If, while any Senior Indebtedness is outstanding, any Event of Default under Section 6(a)(viii) or (ix) of this Note occurs with respect to the Company shall commence or be subject to any BankruptcyBorrower (but not its Subsidiaries), the Holder shall duly and promptly take such action as the any holder of Senior Indebtedness may reasonable reasonably request to collect any payment with respect to this Subordinated Note for the account of the holder holders of the Senior Indebtedness and to file appropriate claims or proofs of claim in respect of this Subordinated Note. Upon the failure of the Holder to take any such action, the each holder of Senior Indebtedness is hereby irrevocably authorized and empowered (in its own name or otherwise), but shall have no obligation, to demand, sue ▇▇▇ for▇, collect and receive every payment or distribution referred to in respect of this Subordinated Note and to file claims and proofs of claim and take such other action as it may deem necessary or advisable for the exercise or enforcement of any of the rights or interests of the holder with respect of to this Subordinated Note and the Holder hereby appoints the holder of Senior Indebtedness or its representative as attorney-in-fact for such Holder to take any and all actions permitted by this paragraph to be taken by such HolderNote.
Appears in 2 contracts
Sources: Note (Fulcrum Direct Inc), Note (Fulcrum Direct Inc)
Proofs of Claim. If, while any Senior Indebtedness is outstanding, the Company shall commence any Event of Default under Section 3(d) or be subject to any Bankruptcy(e) of this Note occurs, the Holder Payee shall duly and promptly take such action as the any holder of Senior Indebtedness may reasonable reasonably request to collect any payment with respect to this Subordinated Note for the account of the holder holders of the Senior Indebtedness and to file appropriate claims or proofs of claim in respect of this Subordinated Note. Upon the failure of the Holder Payee to take any such action, the each holder of Senior Indebtedness is hereby irrevocably authorized and empowered (in its own name or otherwise), but shall have no obligation, to demand, ▇▇▇ sue for, collect and receive every payment or distribution referred to ▇▇ in respect of this Subordinated Note and to file claims and proofs of claim and take such other action as it may deem necessary or advisable for the exercise or enforcement of any of the rights or interests of the Holder with respect of to this Subordinated Note and the Holder hereby appoints the holder of Senior Indebtedness or its representative as attorney-in-fact for such Holder to take any and all actions permitted by this paragraph to be taken by such HolderNote.
Appears in 1 contract
Sources: Series C Preferred Stock and Note Purchase Agreement (Bluefly Inc)
Proofs of Claim. If, while any Senior Indebtedness is outstanding, the Company shall commence or be subject to any BankruptcyEvent of Default under Section 10(f) of this Agreement occurs, the Holder Lender shall duly and promptly take such action as the any holder of Senior Indebtedness may reasonable reasonably request to collect any payment with respect to the amounts due and payable under this Subordinated Note Agreement for the account of the holder holders of the Senior Indebtedness and to file appropriate claims or proofs of claim in respect of this Subordinated NoteAgreement. Upon the failure of the Holder Lender to take any such action, the each holder of Senior Indebtedness is hereby irrevocably authorized and empowered (in its own name or otherwise), but shall have no obligation, to demand, ▇▇▇ for, collect and receive every payment or distribution referred to in respect of this Subordinated Note Agreement and to file claims and proofs of claim and take such other action as it may deem necessary or advisable for the exercise or enforcement of any of the rights or interests of the Lender with respect of to this Subordinated Note and the Holder hereby appoints the holder of Senior Indebtedness or its representative as attorney-in-fact for such Holder to take any and all actions permitted by this paragraph to be taken by such HolderAgreement.
Appears in 1 contract
Proofs of Claim. If, while any Senior Indebtedness is outstanding, the Company shall commence or be subject any event of Default under subparagraphs 3(a)(iii) through (v) occurs with respect to any Bankruptcy▇▇▇▇▇▇, the Holder Lender shall duly and promptly take such action as the holder any payee of Senior Indebtedness may reasonable reasonably request to collect any payment with respect to this Subordinated Note for the account of the holder payees of the Senior Indebtedness and to file appropriate claims or proofs of claim in respect of this Subordinated Note. Upon the failure of the Holder Lender to take any such action, the holder each payee of Senior Indebtedness is hereby irrevocably authorized and empowered (in its own name or otherwise), but shall have no obligation, to demand, ▇▇▇ sue for, collect and receive every payment or distribution referred to in respect of this Subordinated Note and to file claims and proofs of claim and take such other action as it may deem necessary or advisable for the exercise or enforcement of any of the rights or interests of Lender with respect of to this Subordinated Note and the Holder hereby appoints the holder of Senior Indebtedness or its representative as attorney-in-fact for such Holder to take any and all actions permitted by this paragraph to be taken by such HolderNote.
Appears in 1 contract
Proofs of Claim. If, while any Senior Indebtedness is outstanding, the Company shall commence or be subject to any Bankruptcy, the Holder shall duly and promptly take such action as the holder of Senior Indebtedness may reasonable request to collect any payment with respect to this Subordinated Note for the account of the holder of the Senior Indebtedness and to file appropriate claims or proofs of claim in respect of this Subordinated Note. Upon the failure of the Holder to take any such action, the holder of Senior Indebtedness is hereby irrevocably authorized and empowered (in its own name or otherwise), but shall have no obligation, to demand, ▇s▇▇ for, collect and receive every payment or distribution referred to in respect of this Subordinated Note and to file claims and proofs of claim with respect of this Subordinated Note and the Holder hereby appoints the holder of Senior Indebtedness or its representative as attorney-in-fact for such Holder to take any and all actions permitted by this paragraph to be taken by such Holder.
Appears in 1 contract
Proofs of Claim. If, while any Senior Indebtedness is outstanding, any Event of Default under Section 6(a)(viii) or (ix) of this Note occurs with respect to the Company shall commence Borrower or be subject to any Bankruptcyits Subsidiaries, the Holder shall duly and promptly take such action as the any holder of Senior Indebtedness may reasonable reasonably request to collect any payment with respect to this Subordinated Note for the account of the holder holders of the Senior Indebtedness and to file appropriate claims or proofs of claim in respect of this Subordinated Note. Upon the failure of the Holder to take any such action, the each holder of Senior Indebtedness is hereby irrevocably authorized and empowered (in its own name or otherwise), but shall have no obligation, to demand, ▇▇▇ sue for, collect and receive every payment or distribution referred to in respect of this Subordinated Note and to file claims and proofs of claim and take such other action as it may deem necessary or advisable for the exercise or enforcement of any of the rights or interests of the holder with respect of to this Subordinated Note and the Holder hereby appoints the holder of Senior Indebtedness or its representative as attorney-in-fact for such Holder to take any and all actions permitted by this paragraph to be taken by such HolderNote.
Appears in 1 contract
Sources: Senior Subordinated Promissory Note (Integrated Defense Technologies Inc)