Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and the other Note Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay. (b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 2 contracts
Sources: Intercreditor Agreement, Intercreditor Agreement (Louisiana-Pacific Corp)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 2 contracts
Sources: Intercreditor Agreement (Tops PT, LLC), Abl Credit Agreement (AbitibiBowater Inc.)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and the other Note Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Revolving Credit Obligations has occurred, the ABL AgentCollateral Trustee, on behalf of the ABL Claimholderseach Secured Debt Representative and each Secured Debt Claimholder, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Revolving Credit Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion)Revolving Credit Agent, unless (i) the Notes Revolving Credit Agent has already has filed a motion (which remains pending) for adequate protection with respect to its interest in such Revolving Credit Collateral.
(b) Until the Discharge of Secured Debt Obligations has occurred, the Revolving Credit Agent, on behalf of itself and the Revolving Credit Claimholders agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Shared Collateral or the Separate Collateral (other than to the extent such relief is required to exercise its rights under Section 3.3), without the prior written consent of the Collateral Trustee, unless the Collateral Trustee has already filed a motion (which remains pending) for adequate protection with respect to its interest in the Note Priority Shared Collateral and (ii) a corresponding motion, in or the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic staySeparate Collateral.
Appears in 2 contracts
Sources: Intercreditor Agreement (NewPage Holding CORP), Intercreditor Agreement (NewPage Energy Services LLC)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 2 contracts
Sources: Intercreditor Agreement (Tops Markets Ii Corp), Intercreditor Agreement (Tops Holding Corp)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree and the Additional First Lien Agent, on behalf of the Additional First Lien Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes each First Lien Agent, must be filed for the purpose of preserving the Notes such First Lien Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the Note First Lien Claimholders shall otherwise remain subject to the restrictions in Section 3.1 3.01 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note First Lien Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 3.03 and 3.43.04), without the prior written consent of the Notes each First Lien Agent (given or not given in its sole and absolute discretion), unless (i) the Notes each First Lien Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 3.02 following the granting of any such relief from the automatic stay.
Appears in 2 contracts
Sources: Intercreditor Agreement (Claires Stores Inc), Term Loan Credit Agreement (Claires Stores Inc)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Credit Agreement Agent, on behalf of the Cash Flow Credit Claimholders, the Notes Agent, and on behalf of the other Note Claimholders, agree and the Additional First Lien Agent, on behalf of the Additional First Lien Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes each First Lien Agent, must be filed for the purpose of preserving the Notes such First Lien Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note First Lien Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note First Lien Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note First Lien Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes each First Lien Agent (given or not given in its sole and absolute discretion), unless (i) the Notes each First Lien Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note First Lien Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 2 contracts
Sources: Credit Agreement (Campbell Alliance Group Inc), Indenture (Campbell Alliance Group Inc)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree and the Additional First Lien Agent, on behalf of the Additional First Lien Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in Table of Contents respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes each First Lien Agent, must be filed for the purpose of preserving the Notes such First Lien Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the Note First Lien Claimholders shall otherwise remain subject to the restrictions in Section 3.1 3.01 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note First Lien Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 3.03 and 3.43.04), without the prior written consent of the Notes each First Lien Agent (given or not given in its sole and absolute discretion), unless (i) the Notes each First Lien Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 3.02 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the each Notes Agent, and the other Note Notes Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the any applicable Notes Agent, must be filed for the purpose of preserving the such Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Notes Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note First-Lien Notes Obligations has occurred, the Second-Lien Notes Agent on behalf of its respective Notes Claimholders, the Third-Lien Notes Agent on behalf of its respective Notes Claimholders, and the ABL Agent, Agent on behalf of the ABL Claimholders, Claimholders agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the First-Lien Notes Agent (given or not given in its sole and absolute discretionas directed under the First-Lien Indenture), unless (i) the First-Lien Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL AgentAgent or other Notes Agent as applicable, must be filed for the purpose of preserving the ABL Agent’s or such other Notes Agent’s respective ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent Claimholders and other Notes Agents shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the Notes Agent, and the other Note Claimholders, agree that none of them shall Agent agrees not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion)Agent, unless (ix) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (iiy) a corresponding motion, in the reasonable judgment of the Notes Agent, must should be filed for the purpose of preserving the Notes such Agent’s ability to receive residual distributions pursuant to Section 4.1, although Notes Agent and the Note other Notes Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Notes Obligations has occurred, occurred and without implying that the ABL AgentClaimholders have a Lien on the Notes Priority Collateral, on behalf of the ABL Claimholders, Agent agrees that none of them shall not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4)Collateral, without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion)Agent, unless (ix) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest interest, if any, in the Note Priority such Collateral and (iiy) a corresponding motion, in the reasonable judgment of the ABL Agent, must should be filed for the purpose of preserving the ABL such Agent’s ability to receive residual distributions distributions, if any, pursuant to Section 4.1, although the ABL Agent and the other ABL Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4)Collateral, without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the each Notes Collateral Agent, on behalf of itself and the other Note applicable Notes Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion)Administrative Agent, unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in adequate protection permitted under Section 6.3 has been denied by the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stayBankruptcy Court.
(b) Until the Discharge of Note Notes Obligations has occurred, the ABL Administrative Agent, on behalf of itself and the ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the Controlling Notes Collateral Agent (given which consent shall bind each Notes Claimholder, and each Notes Collateral Agent agrees and acknowledges that: (i) such consent shall bind it and the Notes Claimholders that it represents, (ii) the Controlling Notes Collateral Agent owes no duty to any other Notes Collateral Agents or not given any Notes Claimholders other than those that it represents, and (iii) the Controlling Notes Collateral Agent is released and held harmless from any liability to such Notes Collateral Agent or the Notes Claimholders that it represents in its sole and absolute discretionconnection with the granting or denial of such consent), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in adequate protection permitted under Section 6.3 has been denied by the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stayBankruptcy Court.
Appears in 1 contract
Sources: Indenture (Arconic Corp)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Note Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Note Agent, must be filed for the purpose of preserving the Notes Note Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Note Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Note Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Sources: Intercreditor Agreement
Relief from the Automatic Stay. (a) Until the Discharge of ABL SCF Obligations, the Notes Agent, and the other Note Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority SCF Primary Collateral, without the prior written consent of the ABL SCF Agent (given or not given in its sole and absolute discretion), unless (i) the ABL SCF Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority SCF Primary Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 Note Standstill Period following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL SCF Agent, on behalf of the ABL SCF Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Primary Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Primary Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL SCF Agent, must be filed for the purpose of preserving the ABL SCF Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL SCF Agent shall otherwise remain subject to the restrictions in Section 3.2 SCF Standstill Period following the granting of any such relief from the automatic stay.
Appears in 1 contract
Sources: Intercreditor Agreement (Unifi Inc)
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the Notes Agent, and the other Note Claimholders, agree that none of them shall Agent agrees not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion)Agent, unless (ix) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (iiy) a corresponding motion, in the reasonable judgment of the Notes Agent, must should be filed for the purpose of preserving the Notes such Agent’s ability to receive residual distributions pursuant to Section 4.1, although Notes Agent and the Note other Notes Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Notes Obligations has occurred, the ABL Agent, on behalf of the ABL Claimholders, Agent agrees that none of them shall not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4)Collateral, without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion)Agent, unless (ix) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority such Collateral and (iiy) a corresponding motion, in the reasonable judgment of the ABL Agent, must should be filed for the purpose of preserving the ABL such Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent and the other ABL Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsRevolving Obligations has occurred, the Notes Agent, and the other Note Claimholders, agree that none of them shall Collateral Agent agrees not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Revolving Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion)Revolving Collateral Agent, unless (ix) the ABL Revolving Collateral Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (iiy) a corresponding motion, in the reasonable judgment of the Notes Collateral Agent, must should be filed for the purpose of preserving the Notes Agentsuch party’s ability to receive residual distributions pursuant to Section 4.1, although the Note Notes Collateral Agent and the Notes Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note the Notes Obligations has occurred, the ABL Agent, on behalf of the ABL Claimholders, Revolving Collateral Agent agrees that none of them shall not to seek (or support any other Person person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4)Collateral, without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion)Collateral Agent, unless (ix) the Notes Collateral Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority such Collateral and (iiy) a corresponding motion, in the reasonable judgment of the ABL Revolving Collateral Agent, must should be filed for the purpose of preserving the ABL Agentsuch party’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Revolving Collateral Agent and the Revolving Claimholders shall otherwise remain subject to the applicable restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Sources: Intercreditor Agreement (Associated Materials, LLC)
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and the other Note Notes Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Notes Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Notes Obligations has occurred, the ABL Agent, on behalf of the ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the Notes Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsRevolving Credit Obligations has occurred, the Notes Term Loan Collateral Agent, on behalf of itself and the Term Loan Claimholders, and the other Note ClaimholdersAdditional Pari Passu Debt Representative, agree for itself and on behalf of the Additional Pari Passu Claimholders each agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Current Asset Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion)Revolving Credit Facility Collateral Agent, unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in adequate protection permitted under Section 6.3 has been denied by the reasonable judgment of the Notes Agent, must be filed for the purpose of preserving the Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stayrelevant bankruptcy court.
(b) Until the Discharge of Note Term Loan Obligations has occurred and a Discharge of Additional Pari Passu Obligations has occurred, the ABL Revolving Credit Facility Collateral Agent, on behalf of itself and the ABL Revolving Credit Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Fixed Asset Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the Notes Term Loan Collateral Agent (given or not given in its sole and absolute discretion)the Additional Pari Passu Debt Representatives, unless (i) the Notes Agent already has filed a motion (which remains pending) for such relief with respect to its interest in adequate protection permitted under Section 6.3 has been denied by the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stayrelevant bankruptcy court.
Appears in 1 contract
Relief from the Automatic Stay. (a) Until the Discharge of ABL Bank Obligations, the Notes Note Agent, and on behalf of the other Note Claimholders, agree agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Bank Priority Collateral, without the prior written consent of the ABL Bank Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Bank Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Bank Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes Note Agent, must be filed for the purpose of preserving the Notes Note Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Obligations has occurred, the ABL Bank Agent, on behalf of the ABL other Bank Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4), without the prior written consent of the Notes Note Agent (given or not given in its sole and absolute discretion), unless (i) the Notes Note Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Bank Agent, must be filed for the purpose of preserving the ABL Bank Agent’s ability to receive residual distributions pursuant to Section 4.1, although the ABL Bank Agent shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Sources: Intercreditor Agreement
Relief from the Automatic Stay. (a) Until the Discharge of ABL Obligations, the Notes Agent, and on behalf of the other Note Claimholders, agree and the Additional First Lien Agent, on behalf of the Additional First Lien Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the Notes each First Lien Agent, must be filed for the purpose of preserving the Notes such First Lien Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the Note First Lien Claimholders shall otherwise remain subject to the restrictions in Section 3.1 3.01 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note First Lien Obligations has occurred, the ABL Agent, on behalf of the other ABL Claimholders, agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 3.03 and 3.43.04), without the prior written consent of the Notes each First Lien Agent (given or not given in its sole and absolute discretion), unless unless
(i) the Notes each First Lien Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL Agent, must be filed for the purpose of preserving the ABL Agent’s ability to receive residual distributions pursuant to Section 4.14.01, although the ABL Agent shall otherwise remain subject to the restrictions in Section 3.2 3.02 following the granting of any such relief from the automatic stay.
Appears in 1 contract
Sources: Intercreditor Agreement
Relief from the Automatic Stay. (a) Until the Discharge of ABL ObligationsObligations has occurred, the each Notes Agent, and the other Note Notes Claimholders, agree that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the ABL Priority Collateral, without the prior written consent of the ABL Agent (given or not given in its sole and absolute discretion), unless (i) the ABL Agent already has filed a motion (which remains pending) for such relief with respect to its interest in such ABL Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the any applicable Notes Agent, must be filed for the purpose of preserving the such Notes Agent’s ability to receive residual distributions pursuant to Section 4.1, although the Note Notes Claimholders shall otherwise remain subject to the restrictions in Section 3.1 following the granting of any such relief from the automatic stay.
(b) Until the Discharge of Note Term Loan Obligations has occurred, the First-Lien Notes Agent on behalf of its respective Notes Claimholders, the Second-Lien Notes Agent on behalf of its respective Notes Claimholders, the Third-Lien Notes Agent on behalf of its respective Notes Claimholders, and the ABL Agent, Agent on behalf of the ABL Claimholders, Claimholders agrees that none of them shall seek (or support any other Person seeking) relief from the automatic stay or any other stay in any Insolvency or Liquidation Proceeding in respect of the Note Notes Priority Collateral (other than to the extent such relief is required to exercise its rights under Sections 3.3 and 3.4Section 3.3), without the prior written consent of the Notes Term Loan Agent (given or not given in its sole and absolute discretionas directed under the Term Loan Agreement), unless (i) the Notes Term Loan Agent already has filed a motion (which remains pending) for such relief with respect to its interest in the Note Notes Priority Collateral and (ii) a corresponding motion, in the reasonable judgment of the ABL AgentAgent or other Notes Agent as applicable, must be filed for the purpose of preserving the ABL Agent’s or such other Notes Agent’s respective ability to receive residual distributions pursuant to Section 4.1, although the ABL Agent Claimholders and other Notes Agents shall otherwise remain subject to the restrictions in Section 3.2 following the granting of any such relief from the automatic stay.
Appears in 1 contract