Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or any other judicial proceeding relating to Mondelēz International or any other Borrower, the Administrative Agent (irrespective of whether the principal of any Advance shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding or otherwise: (a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04) allowed in such judicial proceeding; and (b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04.
Appears in 7 contracts
Sources: Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or any other judicial proceeding relating to Mondelēz International or any other BorrowerDebtor Relief Law, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 2.03 and 9.0411.03) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 2.03 and 9.0411.03.
Appears in 5 contracts
Sources: Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc)
Proofs of Claim. In The Secured Parties and the Borrower hereby agree that after the occurrence of an Event of Default pursuant to Section 8.1.9, in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other Borrowerof the Obligors, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof the Obligors) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent and other Agents and other Secured Parties (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Lenders, the Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04other Agents and Secured Parties) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Secured Party to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersSecured Parties, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Administrative Agent and other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Secured Party any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Secured Party or to authorize Administrative Agent to vote in respect of the claim of any Secured Party in any such proceeding. Further, nothing contained in this Section shall affect or preclude the ability of any Secured Party to (i) file and prove such a claim in the event that the Administrative Agent under Sections 2.09 has not acted within ten days prior to any applicable bar date and 9.04(ii) require an amendment of the proof of claim to accurately reflect such Secured Party’s outstanding Obligations.
Appears in 5 contracts
Sources: Credit Agreement (Dynamic Offshore Resources, Inc.), First Lien Credit Agreement (Energy Xxi (Bermuda) LTD), First Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or any other judicial proceeding relating to Mondelēz International or any other BorrowerDebtor Relief Law, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 2.03 and 9.0411.03) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 2.03 and 9.0411.03.
Appears in 5 contracts
Sources: Revolving Credit Agreement (Avangrid, Inc.), Revolving Credit Agreement (Avangrid, Inc.), Revolving Credit Agreement
Proofs of Claim. In The Holders and each Note Party hereby agree that after the occurrence of an Event of Default pursuant to Sections 8.1(f) or 8.1(g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerNote Party, the Administrative Agent (irrespective of whether the principal of any Advance Note shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any BorrowerNote Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Notes and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and Holders, the Administrative Agent and other agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Holders, the Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and Holders, the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Holder to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersHolders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Holders or to authorize the Administrative Agent to vote in respect of the claim of any Holder in any such proceeding. Further, nothing contained in this Section 9.9 shall affect or preclude the ability of any Holder to (i) file and prove such a claim in the event that the Administrative Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Holder’s outstanding Obligations.
Appears in 3 contracts
Sources: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.)
Proofs of Claim. In The Secured Parties and the Borrower hereby agree that after the occurrence of an Event of Default pursuant to Section 8.1.9, in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other Borrowerof the Obligors, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof the Obligors) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent and other Agents and Secured Parties (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and other Agents and Secured Parties and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04other Agents and Secured Parties) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Secured Party to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersSecured Parties, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Administrative Agent and other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Secured Party any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Secured Parties or to authorize Administrative Agent to vote in respect of the claim of any Secured Party in any such proceeding. Further, nothing contained in this Section shall affect or preclude the ability of any Secured Party to (i) file and prove such a claim in the event that the Administrative Agent under Sections 2.09 has not acted within ten days prior to any applicable bar date and 9.04(ii) require an amendment of the proof of claim to accurately reflect such Secured Party’s outstanding Obligations.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Energy Xxi (Bermuda) LTD), Second Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code Insolvency Proceeding or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerObligor, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrower) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04Agent) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that if the Administrative Agent shall consent in writing to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent. Nothing contained herein shall be deemed to authorize the Administrative Agent under Sections 2.09 and 9.04to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lender to authorize the Administrative Agent to vote in respect of the claim of any Lender or in any such proceeding.
Appears in 2 contracts
Sources: Senior Secured Super Priority Debtor in Possession Loan and Security Agreement (Core Scientific, Inc./Tx), Loan and Security Agreement (Core Scientific, Inc./Tx)
Proofs of Claim. In The Lenders and the Borrowers hereby agree that after the occurrence of an Event of Default pursuant to Section 8.1.8, in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other Borrowerof the Credit Parties, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof the Credit Parties) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations (excluding Obligations arising under any Hedge Agreement) that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders Lenders, the Administrative Agent and other agents appointed by the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Lenders, the Administrative Agent and such other agents and their respective agents and counsel and all other amounts due the Lenders and the Lenders, Administrative Agent under Sections 2.09 and 9.04such other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Administrative Agent and other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lenders or to authorize Administrative Agent to vote in respect of the claim of any Lender in any such proceeding. Further, nothing contained in this Section shall affect or preclude the ability of any Lender to (i) file and prove such a claim in the event that the Administrative Agent under Sections 2.09 has not acted within ten days prior to any applicable bar date and 9.04(ii) require an amendment of the proof of claim to accurately reflect such Lender’s outstanding Obligations.
Appears in 2 contracts
Sources: First Lien Credit Agreement (Standard Register Co), Second Lien Credit Agreement (Standard Register Co)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code any federal, state or foreign bankruptcy, insolvency, receivership or similar law or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerCovered Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders Banks and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders Banks and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders Banks and the Administrative Agent under Sections 2.09 and 9.04hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Bank to make such payments to the Administrative Agent and, in the event that if the Administrative Agent shall consent to the making of such payments directly to the LendersBanks, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04hereunder. Nothing in this Section 7.9 shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Bank any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Bank to authorize the Administrative Agent to vote in respect of the claim of any Bank in any such proceeding.
Appears in 2 contracts
Sources: Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code any federal, state or foreign bankruptcy, insolvency, receivership or similar law or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerLoan Party, the Administrative Agent (irrespective of whether the principal of any Advance the Loans shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on the Borrower or any Borrowerother Loan Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders Banks and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders Banks and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders Banks and the Administrative Agent under Sections 2.09 and 9.04hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Bank to make such payments to the Administrative Agent and, in the event that if the Administrative Agent shall consent to the making of such payments directly to the LendersBanks, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04hereunder. Nothing in this Section 7.10 shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Bank any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Bank to authorize the Administrative Agent to vote in respect of the claim of any Bank in any such proceeding.
Appears in 2 contracts
Sources: Credit Agreement (Istar Financial Inc), Credit Agreement (Istar Financial Inc)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or Insolvency Proceeding relative to any other judicial proceeding relating to Mondelēz International or any other BorrowerCredit Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerthe Borrowers) shall be entitled and empowered (but not obligated) by intervention in such proceeding Insolvency Proceeding or otherwise:
: (ai) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04arising hereunder) allowed in such judicial proceedingInsolvency Proceeding; and
and (bii) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments directly to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04hereunder.
Appears in 2 contracts
Sources: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Proofs of Claim. In The Lenders and each Loan Party hereby agree that after the occurrence and during the continuance of an Event of Default pursuant to Sections 8.1(f) or (g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerLoan Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any BorrowerLoan Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise, in each case to the extent directed by the Requisite Lenders:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and the Lenders, Administrative Agent and other agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Lenders, Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and the Lenders, Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, interim trustee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent Requisite Lenders shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lenders or to authorize Administrative Agent to vote in respect of the claim of any Lender in any such proceeding. Further, nothing contained in this Section 9.10 shall affect or preclude the ability of any Lender to (i) file and prove such a claim in the event that Administrative Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Lender’s outstanding Obligations.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (U.S. Well Services, Inc.), Senior Secured Credit Agreement (U.S. Well Services, Inc.)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or any other judicial proceeding relating to Mondelēz International or any other the Borrower, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04.
Appears in 2 contracts
Sources: Term Credit Agreement (Mondelez International, Inc.), Term Credit Agreement (Mondelez International, Inc.)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or any other judicial proceeding relating to Mondelēz International or any other Borrower, the Administrative Agent (irrespective of whether the principal of any Advance shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding or otherwise:
: (a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04) allowed in such judicial proceeding; and
and (b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04.
Appears in 2 contracts
Sources: Five Year Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or Insolvency Proceeding relative to any other judicial proceeding relating to Mondelēz International or any other BorrowerCredit Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan or LC Obligation shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding Insolvency Proceeding or otherwise:
: (ai) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans, LC Obligations and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders Lenders, LC Issuer and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders Lenders, LC Issuer and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders Lenders, LC Issuer and the Administrative Agent under Sections 2.09 and 9.04arising hereunder) allowed in such judicial proceedingInsolvency Proceeding; and
and (bii) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender and LC Issuer to make such payments directly to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersLenders and/or LC Issuer, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04hereunder.
Appears in 2 contracts
Sources: Revolving Loan Facility Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code Insolvency Proceeding or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerLoan Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan or Obligation in respect of any Letter of Credit shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) ), by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans, Obligations in respect of any Letter of Credit and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 2.5 and 9.0410.5) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 2.5 and 9.0410.5. Nothing contained herein shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lender to authorize the Administrative Agent to vote in respect of the claim of any Lender in any such proceeding.
Appears in 1 contract
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or any other judicial proceeding relating to Mondelēz International or any other BorrowerDebtor Relief Law, the Administrative P1 Collateral Agent (irrespective of whether the principal of any Advance Senior Secured Debt shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative P1 Collateral Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Senior Secured Debt and all other Senior Secured Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders Senior Secured Parties and the Administrative P1 Collateral Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders Senior Secured Parties and the Administrative P1 Collateral Agent (and their respective agents its sub‑agents and counsel counsel) and all other amounts due the Lenders Senior Secured Parties and the Administrative P1 Collateral Agent under Sections 2.09 and 9.04this Agreement) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Senior Secured Party and the P1 Collateral Agent to make such payments to the Administrative P1 Collateral Agent and, in the event that the Administrative P1 Collateral Agent shall consent to the making of such payments directly to the LendersSenior Secured Parties, to the Senior Secured Parties to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative P1 Collateral Agent and its agents sub‑agents and counsel, and any other amounts due the Administrative P1 Collateral Agent under Sections 2.09 and 9.04Article 9.
Appears in 1 contract
Sources: Collateral and Intercreditor Agreement (NextDecade Corp.)
Proofs of Claim. In The Holders and each Note Party hereby agree that after the occurrence of an Event of Default pursuant to Sections 8.1(h) or (i), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerNote Party, the Administrative Agent (irrespective of whether the principal of any Advance Note shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any BorrowerNote Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Notes and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders Holders, Agent and the Administrative Agent other agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Holders, Agent and other agents and their respective agents and counsel and all other amounts due the Lenders Holders, Agent and the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, interim trustee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Holder to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersHolders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Agent and other agents hereunder. Nothing herein contained shall be deemed to authorize Agent to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Administrative Obligations or the rights of any Holders or to authorize Agent under Sections 2.09 to vote in respect of the claim of any Holder in any such proceeding. Further, nothing contained in this Section 9.8 shall affect or preclude the ability of any Holder to (i) file and 9.04prove such a claim in the event that Agent has not acted within ten (10) days prior to any applicable bar date and (9) require an amendment of the proof of claim to accurately reflect such ▇▇▇▇▇▇’s outstanding Obligations.
Appears in 1 contract
Sources: Note Purchase Agreement (Silverbow Resources, Inc.)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or any other judicial proceeding relating to Mondelēz International or any other BorrowerDebtor Relief Law, the Administrative Agent (irrespective of whether the principal of any Advance Loan or L/C Obligation shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans, L/C Obligations and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders, the Issuing Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders, the Issuing Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders, the Issuing Lenders and the Administrative Agent under Sections 2.09 2.03, 3.03 and 9.0411.03) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender and Issuing Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders and the Issuing Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 2.03 and 9.0411.03.
Appears in 1 contract
Proofs of Claim. In The Secured Parties and the Borrower hereby agree that after the occurrence of an Event of Default pursuant to Section 8.1.9, in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other Borrowerof the Obligors, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof the Obligors) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent and other Secured Parties (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Lenders, the Administrative Agent and their respective its agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04other Secured Parties) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Secured Party to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersSecured Parties, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Administrative Agent hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Secured Party any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Secured Party or to authorize Administrative Agent to vote in respect of the claim of any Secured Party in any such proceeding. Further, nothing contained in this Section shall affect or preclude the ability of any Secured Party to (i) file and prove such a claim in the event that the Administrative Agent under Sections 2.09 has not acted within ten days prior to any applicable bar date and 9.04(ii) require an amendment of the proof of claim to accurately reflect such Secured Party’s outstanding Obligations.
Appears in 1 contract
Sources: First Lien Exit Credit Agreement (Energy XXI Gulf Coast, Inc.)
Proofs of Claim. In The Holders and each Note Party hereby agree that after the occurrence of an Event of Default pursuant to Section 8.01(h) or 8.01(i), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerNote Party, the Administrative Agent (irrespective of whether the principal of any Advance Note shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any BorrowerNote Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Notes and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders Holders, Agent and the Administrative Agent other agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Holders, Agent and other agents and their respective agents and counsel and all other amounts due the Lenders Holders, Agent and the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, interim trustee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Holder to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersHolders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Agent and other agents hereunder. Nothing herein contained shall be deemed to authorize Agent to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Administrative Obligations or the rights of any Holders or to authorize Agent under Sections 2.09 to vote in respect of the claim of any Holder in any such proceeding. Further, nothing contained in this Section 9.09 shall affect or preclude the ability of any Holder to (i) file and 9.04prove such a claim in the event that Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such ▇▇▇▇▇▇’s outstanding Obligations.
Appears in 1 contract
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code Insolvency Proceeding or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerObligor, the Administrative Agent Agents (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent Agents shall have made any demand on any Borrower) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent Agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent Agents and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04Agents) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that if the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent Agents and its their agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04Agents. Nothing contained herein shall be deemed to authorize the Agents to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lender or to authorize the Agents to vote in respect of the claim of any Lender or in any such proceeding.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Core Scientific, Inc./Tx)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code any federal, state or foreign bankruptcy, insolvency, receivership or similar law or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerCovered Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
: (a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders Banks and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders Banks and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders Banks and the Administrative Agent under Sections 2.09 and 9.04hereunder) allowed in such judicial proceeding; and
and (b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Bank to make such payments to the Administrative Agent and, in the event that if the Administrative Agent shall consent to the making of such payments directly to the LendersBanks, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04.hereunder. Nothing in this Section 7.10 shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Bank any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Bank to authorize the Administrative Agent to vote in respect of the claim of any Bank in any such proceeding. - 61-
Appears in 1 contract
Sources: Credit Agreement (Istar Inc.)
Proofs of Claim. In The Lenders and Company hereby agree that after the occurrence of an Event of Default pursuant to Sections 8.1(f) or (g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International Company or any other Borrowerthe Guarantor, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof Company or the Guarantor) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and the Lenders, Administrative Agent and other Agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Lenders, Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and the Lenders, Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lenders or to authorize Administrative Agent to vote in respect of the claim of any Lender in any such proceeding. Further, nothing contained in this Section 9.10 shall affect or preclude the ability of any Lender to (i) file and prove such a claim in the event that Administrative Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Lender’s outstanding Obligations.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (U S Energy Systems Inc)
Proofs of Claim. In The Holders and each Note Party hereby agree that after the occurrence of an Event of Default pursuant to Sections 9.1(f) or (g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerNote Party, the Administrative Agent (irrespective of whether the principal of any Advance Note shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any BorrowerNote Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Notes and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and Holders, the Administrative Agent and other agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Holders, the Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and Holders, the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Holder to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersHolders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Holders or to authorize the Administrative Agent to vote in respect of the claim of any Holder in any such proceeding. Further, nothing contained in this Section 10.10 shall affect or preclude the ability of any Holder to (i) file and prove such a claim in the event that the Administrative Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Holder’s outstanding Obligations.
Appears in 1 contract
Sources: Note Purchase Agreement (Osage Exploration & Development Inc)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or any other judicial proceeding relating to Mondelēz International or any other Borrower, the Administrative Agent (irrespective of whether the principal of any Advance shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances and all other Obligations that are owing and unpaid and to The Junior Creditor may file such proofs of claim and other papers or documents as or may be necessary or advisable in order to have the claims of the Lenders and Junior Creditor allowed in any judicial proceedings relative to the Administrative Agent Company (or any other obligor on the Subordinated Debt, including any guarantor), its creditors or its property. If the Junior Creditor files any claim, proof of claim for or similar instrument in any judicial proceeding referred to above and all Senior Debt has not been indefeasibly paid in full in cash, the reasonable compensationJunior Creditor shall (a) file such claim, expenses, disbursements and advances proof of claim or similar instrument on behalf of the Lenders and the Administrative Agent other holder or holders of the Senior Debt as it or such other holder's or holders' interests may appear and their respective agents (b) take all such other actions as may be appropriate to insure that all payments and counsel and all other amounts due distributions made in respect of any such proceedings are made to the Lenders and any other holder or holders of the Senior Debt as it or their interests may appear. Any term or provision of this Section 3.5 to the contrary notwithstanding, if any judicial proceeding referred to above is commenced by or against the Company, and so long as all Senior Debt has not been paid in full in cash: (a) the Administrative Agent under Sections 2.09 Agents are hereby irrevocably authorized and 9.04) allowed empowered (in their own names or in the name of the Junior Creditor or otherwise), but shall have no obligation, to demand, sue for, collect and receive every payment or distribution received i▇ ▇espect of any such judicial proceeding; and
proceeding and give acquittance therefor and to file claims and proofs of claims and (b) the Junior Creditor shall duly and promptly take, for the account of the Lenders and any other holders of the Senior Debt, such reasonable action as the Lenders may request (i) to collect all amounts payable by the Company in respect of the Subordinated Debt and to file the appropriate claims or proofs of claim in respect of the Subordinated Debt, (ii) to execute and deliver to the Administrative Agents on behalf of the Lenders such assignments or other instruments as the Lenders may request in order to enable the Lenders to enforce any and all claims with respect to all amounts payable in respect of the Subordinated Debt and (iii) to collect and receive any monies or other property and all payments with respect to all amounts payable or deliverable on any such claims and to distribute in respect of the same; and any custodianSubordinated Debt. Until the Senior Debt has been indefeasibly paid in full in cash, receiver, assignee, trustee, liquidator, sequestrator or other similar official no holder of the Subordinated Debt will (in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counseltype described in Section 2.2) discharge all or any portion of the obligations of the Company in respect of the Subordinated Debt, and any other amounts due whether by forgiveness, receipt of capital stock, exercise of conversion privileges or otherwise, without the Administrative Agent under Sections 2.09 and 9.04prior consent of the holders of the Senior Debt.
Appears in 1 contract
Proofs of Claim. In The Secured Parties and the Borrowers hereby agree that after the occurrence of an Event of Default pursuant to Section 9.1.9, in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other Borrowerof the Obligors, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof the Obligors) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Secured Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent and other Agents and other Secured Parties (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Lenders, the Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04other Agents and Secured Parties) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Secured Party to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersSecured Parties, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Administrative Agent and other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Secured Party any plan of reorganization, arrangement, adjustment or composition affecting the Secured Obligations or the rights of any Secured Party or to authorize Administrative Agent to vote in respect of the claim of any Secured Party in any such proceeding. Further, nothing contained in this Section shall affect or preclude the ability of any Secured Party to (i) file and prove such a claim in the event that the Administrative Agent under Sections 2.09 has not acted within ten days prior to any applicable bar date and 9.04(ii) require an amendment of the proof of claim to accurately reflect such Secured Party’s outstanding Secured Obligations.
Appears in 1 contract
Sources: First Lien Credit Agreement (Milagro Oil & Gas, Inc.)
Proofs of Claim. In The Holders, Issuer and each Grantor hereby agree that after the occurrence of an Event of Default pursuant to Section 6.01(f) or (g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International the Issuer or any other BorrowerGrantor, the Administrative Roll-Up Notes Agent (irrespective of whether the principal of any Advance Note shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Roll-Up Notes Agent shall have made any demand on Issuer or any BorrowerGrantor) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Notes and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders Holders, the Roll-Up Notes Agent and the Administrative Agent other agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Holders, the Administrative Roll-Up Notes Agent and other agents and their respective agents and counsel and all other amounts due Holders, the Lenders Roll-Up Notes Agent and the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, interim trustee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Holder to make such payments to the Administrative Roll-Up Notes Agent and, in the event that the Administrative Roll-Up Notes Agent shall consent to the making of such payments directly to the LendersHolders, to pay to the Administrative Roll-Up Notes Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Roll-Up Notes Agent and its agents and counsel, and any other amounts due the Administrative Roll-Up Notes Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize the Roll-Up Notes Agent to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Holders or to authorize the Roll-Up Notes Agent to vote in respect of the claim of any Holder in any such proceeding. Further, nothing contained in this Section 13.10 shall affect or preclude the ability of any Holder to (i) file and prove such a claim in the event that the Roll-Up Notes Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Holder’s outstanding Obligations.
Appears in 1 contract
Sources: Third Supplemental Indenture
Proofs of Claim. In The Holders and each Credit Party hereby agree that after the occurrence of an Event of Default pursuant to Section 11.1(f) or (g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerCredit Party, the Administrative Agent (irrespective of whether the principal of any Advance Note shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any BorrowerCredit Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Notes and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders Holders, Agent and the Administrative Agent other agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Holders, Agent and other agents and their respective agents and counsel and all other amounts due the Lenders Holders, Agent and the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, interim trustee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Holder to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersHolders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Agent and other agents hereunder. Nothing herein contained shall be deemed to authorize Agent to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Administrative Obligations or the rights of any Holders or to authorize Agent under Sections 2.09 to vote in respect of the claim of any Holder in any such proceeding. Further, nothing contained in this Section 7.9 shall affect or preclude the ability of any Holder to (i) file and 9.04prove such a claim in the event that Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Holder’s outstanding Obligations.
Appears in 1 contract
Sources: Senior Secured Super Priority Debtor in Possession Note Purchase Agreement (Real Industry, Inc.)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or any other judicial proceeding relating to Mondelēz International or any other BorrowerDebtor Relief Law, the Administrative Agent (irrespective of whether the principal of any Advance Loan or L/C Obligation shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans, L/C Obligations and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders, the Issuing Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders, the Issuing Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders, the Issuing Lenders and the Administrative Agent under Sections 2.09 2.03, 3.03 and 9.0411.03) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender and Issuing Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders and the Issuing Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 2.03 and 9.0411.03.
Appears in 1 contract
Proofs of Claim. In The Lenders and Company hereby agree that after the occurrence of an Event of Default pursuant to Sections 8.1(f) or (g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International Company or any other Borrowerof the Guarantors, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof Company or any of the Guarantors) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and the Lenders, Administrative Agent and other Agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Lenders, Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and the Lenders, Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lenders or to authorize Administrative Agent to vote in respect of the claim of any Lender in any such proceeding. Further, nothing contained in this Section 9.10 shall affect or preclude the ability of any Lender to (i) file and prove such a claim in the event that Administrative Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Lender’s outstanding Obligations.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Granite Broadcasting Corp)
Proofs of Claim. In The Holders and each Note Party hereby agree that after the occurrence of an Event of Default pursuant to Sections 9.1(f) or 9.1(g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerNote Party, the Administrative Agent (irrespective of whether the principal of any Advance Note shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any BorrowerNote Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Notes and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and Holders, the Administrative Agent and other agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Holders, the Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and Holders, the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Holder to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersHolders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Holders or to authorize the Administrative Agent to vote in respect of the claim of any Holder in any such proceeding. Further, nothing contained in this Section 10.10 shall affect or preclude the ability of any Holder to (i) file and prove such a claim in the event that the Administrative Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such ▇▇▇▇▇▇’s outstanding Obligations.
Appears in 1 contract
Sources: Note Purchase Agreement (Energy & Exploration Partners, Inc.)
Proofs of Claim. In The Lenders and the Borrowers hereby agree that after the occurrence of an Event of Default pursuant to Section 8.1.8, in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other Borrowerof the Credit Parties, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof the Credit Parties) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders Lenders, the Administrative Agent and other agents appointed by the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Lenders, the Administrative Agent and such other agents and their respective agents and counsel and all other amounts due the Lenders and the Lenders, Administrative Agent under Sections 2.09 and 9.04such other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Administrative Agent and other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lenders or to authorize Administrative Agent to vote in respect of the claim of any Lender in any such proceeding. Further, nothing contained in this Section shall affect or preclude the ability of any Lender to (i) file and prove such a claim in the event that the Administrative Agent under Sections 2.09 has not acted within ten days prior to any applicable bar date and 9.04(ii) require an amendment of the proof of claim to accurately reflect such Lender’s outstanding Obligations.
Appears in 1 contract
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or any other judicial proceeding relating to Mondelēz Mondelez International or any other Borrower, the Administrative Agent (irrespective of whether the principal of any Advance shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04.
Appears in 1 contract
Sources: 364 Day Revolving Credit Agreement (Mondelez International, Inc.)
Proofs of Claim. In The Lenders and each Credit Party hereby agree that after the occurrence of an Event of Default pursuant to Sections 8.1(f) or (g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other Borrowera Credit Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof any Credit Party or any other Person) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and the Lenders, Administrative Agent and other Agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Lenders, Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and the Lenders, Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to, subject to Section 2.15(h), pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lenders or to authorize Administrative Agent to vote in respect of the claim of any Lender in any such proceeding. Further, nothing contained in this Section 9.10 shall affect or preclude the ability of any Lender to (i) file and prove such a claim in the event that Administrative Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Lender’s outstanding Obligations.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Syntax-Brillian Corp)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code Insolvency Proceeding or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerLoan Party, the Administrative Agent (irrespective of whether the principal of any Advance or Obligation in respect of any Letter of Credit shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) ), by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Advances, Obligations in respect of any Letter of Credit, and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 3.3 and 9.0410.5) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 3.3 and 9.0410.5. Nothing contained herein shall be deemed to authorize the Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lender to authorize the Agent to vote in respect of the claim of any Lender in any such proceeding.
Appears in 1 contract
Sources: Credit Agreement (Connecture Inc)
Proofs of Claim. In The Holders, Issuer and each Grantor hereby agree that after the occurrence of an Event of Default pursuant to Section 6.01(f) or (g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International the Issuer or any other BorrowerGrantor, the Administrative Roll-Up Notes Agent (irrespective of whether the principal of any Advance Note shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Roll-Up Notes Agent shall have made any demand on Issuer or any BorrowerGrantor) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Notes and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders Holders, the Roll- Up Notes Agent and the Administrative Agent other agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Holders, the Administrative Roll-Up Notes Agent and other agents and their respective agents and counsel and all other amounts due Holders, the Lenders Roll-Up Notes Agent and the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, interim trustee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Holder to make such payments to the Administrative Roll-Up Notes Agent and, in the event that the Administrative Roll-Up Notes Agent shall consent to the making of such payments directly to the LendersHolders, to pay to the Administrative Roll-Up Notes Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Roll-Up Notes Agent and its agents and counsel, and any other amounts due the Administrative Roll-Up Notes Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize the Roll-Up Notes Agent to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Holders or to authorize the Roll-Up Notes Agent to vote in respect of the claim of any Holder in any such proceeding. Further, nothing contained in this Section 13.10 shall affect or preclude the ability of any Holder to (i) file and prove such a claim in the event that the Roll- Up Notes Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Holder’s outstanding Obligations.
Appears in 1 contract
Sources: Third Supplemental Indenture
Proofs of Claim. In The Lenders, Holdings and the Borrower hereby agree that after the occurrence of an Event of Default pursuant to Section 8.01(f), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerLoan Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any BorrowerLoan Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(ai) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and Lenders, the Administrative Agent and other Agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Lenders, the Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and Lenders, the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(bii) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lenders or to authorize the Administrative Agent to vote in respect of the claim of any Lender in any such proceeding. Further, nothing contained in this Section 9.11 shall affect or preclude the ability of any Lender to (i) file and prove such a claim in the event that the Administrative Agent has not acted within ten days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Lender’s outstanding Obligations.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Spansion Inc.)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code any federal, state or foreign bankruptcy, insolvency, receivership or similar law or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerCovered Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders Banks and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders Banks and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders Banks and the Administrative Agent under Sections 2.09 and 9.04hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Bank to make such payments to the Administrative Agent and, in the event that if the Administrative Agent shall consent to the making of such payments directly to the LendersBanks, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04hereunder. Nothing in this Section 7.10 shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Bank any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Bank to authorize the Administrative Agent to vote in respect of the claim of any Bank in any such proceeding.
Appears in 1 contract
Proofs of Claim. In The Lenders and each Credit Party hereby agree that after the occurrence of an Event of Default pursuant to Sections 8.1(f) or (g), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International any Credit Party or any other Borrowerof the Guarantors, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof Credit Party or any other Person) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and the Lenders, Administrative Agent and other Agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Lenders, Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and the Lenders, Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to, subject to Section 2.15(h), pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lenders or to authorize Administrative Agent to vote in respect of the claim of any Lender in any such proceeding. Further, nothing contained in this Section 9.10 shall affect or preclude the ability of any Lender to (i) file and prove such a claim in the event that Administrative Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Lender’s outstanding Obligations.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Proliance International, Inc.)
Proofs of Claim. In The Holders and each Note Party hereby agree that after the occurrence of an Event of Default pursuant to Sections 8.1(h) or (i), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerNote Party, the Administrative Agent (irrespective of whether the principal of any Advance Note shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any BorrowerNote Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Notes and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders Holders, Agent and the Administrative Agent other agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Holders, Agent and other agents and their respective agents and counsel and all other amounts due the Lenders Holders, Agent and the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, interim trustee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Holder to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersHolders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Agent and other agents hereunder. Nothing herein contained shall be deemed to authorize Agent to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Administrative Obligations or the rights of any Holders or to authorize Agent under Sections 2.09 to vote in respect of the claim of any Holder in any such proceeding. Further, nothing contained in this Section 9.8 shall affect or preclude the ability of any Holder to (i) file and 9.04prove such a claim in the event that Agent has not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Holder’s outstanding Obligations.
Appears in 1 contract
Sources: Note Purchase Agreement (Silverbow Resources, Inc.)
Proofs of Claim. In The Lenders , Holdings and the Borrower hereby agree that after the occurrence of an Event of Default pursuant to Section 8.01(f), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerLoan Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any BorrowerLoan Party) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(ai) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans, the Letter of Credit Usage then outstanding, and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders and Lenders, the Administrative Agent and other Agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Lenders, the Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders and Lenders, the Administrative Agent under Sections 2.09 and 9.04other agents hereunder) allowed in such judicial proceeding; and
(bii) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04other agents hereunder. Nothing herein contained shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lenders or to authorize the Administrative Agent to vote in respect of the claim of any Lender in any such proceeding. Further, nothing contained in this Section 9.11 shall affect or preclude the ability of any Lender to (i) file and prove such a claim in the event that the Administrative Agent has not acted within ten days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Lender’s outstanding Obligations.
Appears in 1 contract
Proofs of Claim. In The Lenders and Borrower hereby agree that after the occurrence of an Event of Default pursuant to Section 10.1(e) or Section 10.1(f), in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International any Credit Party or any other Borrowerthe Parent Guarantor, the Administrative Agent and/or Collateral Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent and/or Collateral Agent shall have made any demand on any BorrowerCredit Party or the Parent Guarantor) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders Lenders, Administrative Agent and the Administrative Collateral Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Lenders, Administrative Agent, Collateral Agent and their respective agents and counsel and all other amounts due the Lenders Lenders, Administrative Agent, Collateral Agent and other agents as and to the Administrative Agent under Sections 2.09 and 9.04extent permitted hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and Collateral Agent and, in the event that the Administrative Agent and Collateral Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent and Collateral Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its Collateral Agent and their agents and counsel, and any other amounts due the Administrative Agent, Collateral Agent and other agents hereunder. Nothing herein contained shall be deemed to authorize Administrative Agent under Sections 2.09 to or Collateral Agent authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lenders or to authorize Administrative Agent or Collateral Agent to vote in respect of the claim of any Lender in any such proceeding. Further, nothing contained in this Section 11.10 shall affect or preclude the ability of any Lender to (i) file and 9.04prove such a claim in the event that Administrative Agent and Collateral Agent have not acted within ten (10) days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Lender’s outstanding Obligations.
Appears in 1 contract
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code any federal, state or foreign bankruptcy, insolvency, receivership or similar law or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerCovered Party, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders Banks and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders Banks and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders Banks and the Administrative Agent under Sections 2.09 and 9.04hereunder) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Bank to make such payments to the Administrative Agent and, in the event that if the Administrative Agent shall consent to the making of such payments directly to the LendersBanks, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04hereunder. Nothing in this Section 7.11 shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Bank any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Bank to authorize the Administrative Agent to vote in respect of the claim of any Bank in any such proceeding.
Appears in 1 contract
Proofs of Claim. In The Secured Parties and the Borrower hereby agree that after the occurrence of an Event of Default pursuant to Section 8.1.9, in case of the pendency of any proceeding under the Federal Bankruptcy Code receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or any other judicial proceeding relating relative to Mondelēz International or any other Borrowerof the Obligors, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrowerof the Obligors) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all any other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Lenders Agent and the Administrative Agent other Secured Parties (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and Lenders, the Administrative Agent and other agents and their respective agents and counsel and all other amounts due the Lenders Agent and the Administrative Agent under Sections 2.09 and 9.04other Secured Parties) allowed in such judicial proceeding; and
(b) to collect and receive any monies moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender Secured Party to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the LendersSecured Parties, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due Agent. Nothing herein contained shall be deemed to authorize Agent to authorize or consent to or accept or adopt on behalf of any Secured Party any plan of reorganization, arrangement, adjustment or composition affecting the Administrative Obligations or the rights of any Secured Party or to authorize Agent under Sections 2.09 to vote in respect of the claim of any Secured Party in any such proceeding. Further, nothing contained in this Section shall affect or preclude the ability of any Secured Party to (i) file and 9.04prove such a claim in the event that the Agent has not acted within ten days prior to any applicable bar date and (ii) require an amendment of the proof of claim to accurately reflect such Secured Party’s outstanding Obligations.
Appears in 1 contract
Sources: First Lien Credit Agreement (Radiant Oil & Gas Inc)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code Insolvency Proceeding or any other judicial proceeding relating relative to Mondelēz International or any other BorrowerObligor, the Administrative Agent (irrespective of whether the principal of any Advance Loan shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any the Borrower) shall be entitled and empowered (but not obligated) empowered, by intervention in such proceeding or otherwise:
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Loans and all other Obligations that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04Agent) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments to the Administrative Agent and, in the event that if the Administrative Agent shall consent to the making of such payments directly to the Lenders, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent. Nothing contained herein shall be deemed to authorize the Administrative Agent under Sections 2.09 and 9.04to authorize or consent to or accept or adopt on behalf of any Lender any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lender to authorize the Administrative Agent to vote in respect of the claim of any Lender or in any such proceeding.
Appears in 1 contract
Sources: Loan and Security Agreement (Core Scientific, Inc./Tx)
Proofs of Claim. In case of the pendency of any proceeding under the Federal Bankruptcy Code or Insolvency Proceeding relative to any other judicial proceeding relating to Mondelēz International or any other BorrowerCredit Party, the Administrative Agent (irrespective of whether the principal of any Advance the Term Loans shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrower) shall be entitled and empowered (but not obligated) by intervention in such proceeding Insolvency Proceeding or otherwise:
: (ai) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Advances Term Loans and all other Obligations (including the Prepayment Premium, the Bridge Loan Fee and the Bridge Loan Extension Fee) that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders and the Lenders, Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.09 and 9.04arising hereunder) allowed in such judicial proceedingInsolvency Proceeding; and
and (bii) to collect and receive any monies or other property Property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender to make such payments directly to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders, Lenders to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 9.04hereunder.
Appears in 1 contract
Sources: Credit Agreement (BRC Inc.)