Common use of Subordination of Remedies Clause in Contracts

Subordination of Remedies. Until the Discharge of Senior Indebtedness, following the occurrence of any Event of Default and until such Event of Default is cured or waived in accordance with the terms of the Credit Agreement, each Company shall not, without the prior written consent of Agent: (a) accelerate, make demand, or otherwise make due and payable prior to the original due date thereof any Intercompany Subordinated Debt or bring suit or institute any other actions or proceedings to enforce its rights or interests in respect of the obligations of any Obligor owing to such Company; (b) exercise any rights under or with respect to guaranties of the Intercompany Subordinated Debt, if any; (c) exercise any rights to set-offs and counterclaims in respect of any indebtedness, liabilities, or obligations of such Company to any Obligor against any of the Intercompany Subordinated Debt; or (d) commence, or cause to be commenced, or join with any creditor other than Agent and the other members of the Lender Group in commencing, any bankruptcy, insolvency, or receivership proceeding against any Obligor.

Subordination of Remedies. Until the Discharge of As long as any Senior IndebtednessDebt shall remain outstanding and unpaid, following the occurrence and during the continuance of any Event of Default with respect to any Senior Debt and until such Event of Default is cured or waived in accordance with Borrower shall have received written notice from the terms of the Credit AgreementAgent, each Company Guarantor shall not, without the prior written consent of Agent: (a) accelerate, make demand, or otherwise make due and payable prior to the original due date thereof any Intercompany Subordinated Debt or bring suit or institute any other actions or proceedings to enforce its rights or interests in respect of the obligations of any Obligor Borrower owing to such CompanyGuarantor; (b) exercise any rights under or with respect to guaranties of the Intercompany Subordinated Debt, if any; (c) exercise any rights to set-offs and counterclaims in respect of any indebtedness, liabilities, or obligations of such Company Guarantor to any Obligor Borrower against any of the Intercompany Subordinated Debt; or (d) commence, or cause to be commenced, or join with any creditor other than Agent and the other members of the Lender Group Lenders in commencing, any bankruptcy, insolvency, or receivership proceeding against any ObligorBorrower.

Subordination of Remedies. Until the Discharge of As long as any Senior IndebtednessDebt shall remain outstanding and unpaid, following the occurrence of any Event of Default and until such Event of Default is cured or waived in accordance with the terms of the Credit Agreementwaived, each Company Obligor shall not, without the prior written consent of Collateral Agent: (a) accelerate, make demand, or otherwise make due and payable prior to the original due date thereof any Intercompany Subordinated Debt or bring suit or institute any other actions or proceedings to enforce its rights or interests in respect of the obligations of any other Obligor owing to such CompanyObligor; (b) exercise any rights under or with respect to guaranties of the Intercompany Subordinated Debt, if any; (c) exercise any rights to set-offs and counterclaims in respect of any indebtedness, liabilities, or obligations of such Company Obligor to any other Obligor against any of the Intercompany Subordinated Debt; or (d) commence, or cause to be commenced, or join with any creditor other than Agent and the other members of the Lender Group Group, or Collateral Agent on behalf thereof, in commencing, any bankruptcy, insolvency, or receivership proceeding against any the other Obligor.

Subordination of Remedies. Until the Discharge of As long as any Senior IndebtednessDebt shall remain outstanding and unpaid, following the occurrence of any Event of Default and until such Event of Default is cured or waived in accordance with the terms of the Credit Agreementwaived, each Company Obligor other than any Borrower shall not, without the prior written consent of Agent: (a) accelerate, make demand, or otherwise make due and payable prior to the original due date thereof any Intercompany Subordinated Debt or bring suit or institute any other actions or proceedings to enforce its rights or interests in respect of the obligations of any other Obligor owing to such CompanyObligor; (b) exercise any rights under or with respect to guaranties of the Intercompany Subordinated Debt, if any; (c) exercise any rights to set-offs and counterclaims in respect of any indebtedness, liabilities, or obligations of such Company Obligor to any other Obligor against any of the Intercompany Subordinated Debt; or (d) commence, or cause to be commenced, or join with any creditor other than Agent and the other members of the Lender Group Lenders in commencing, any bankruptcy, insolvency, or receivership proceeding against any Obligorthe other Obligors.

Subordination of Remedies. Until the Discharge of Senior IndebtednessDebt, following the occurrence and during the continuance of any Event of Default and until such Event of Default is cured or waived in accordance with the terms of the Credit Agreementwaived, each Company shall notno Obligor shall, without the prior written consent of Agent: (a) accelerate, make demand, or otherwise make due and payable prior to the original due date thereof any Intercompany Subordinated Debt or bring suit or institute any other actions or proceedings to enforce its rights or interests in respect of the obligations of any other Obligor owing to such CompanyObligor; (b) exercise any rights under or with respect to guaranties of the Intercompany Subordinated Debt, if any; (c) exercise any rights to set-offs and counterclaims in respect of any indebtedness, liabilities, or obligations of such Company Obligor to any other Obligor against any of the Intercompany Subordinated Debt; or (d) commence, or cause to be commenced, or join with any creditor other than Agent and the other members of the or any Lender Group in commencing, any bankruptcy, insolvency, or receivership proceeding against any the other Obligor.

Subordination of Remedies. Until the Discharge of Senior Indebtedness, following the occurrence of any Event of Default and until such Event of Default is cured or waived in accordance with the terms of the Credit Facility Agreement, each Company shall not, without the prior written consent of Agent: (a) accelerate, make demand, or otherwise make due and payable prior to the original due date thereof any Intercompany Subordinated Debt or bring suit or institute any other actions or proceedings to enforce its rights or interests in respect of the obligations of any Obligor owing to such Company; (b) exercise any rights under or with respect to guaranties of the Intercompany Subordinated Debt, if any; (c) exercise any rights to set-offs and counterclaims in respect of any indebtedness, liabilities, or obligations of such Company to any Obligor against any of the Intercompany Subordinated Debt; or (d) commence, or cause to be commenced, or join with any creditor other than Agent and the other members of the Lender Group Secured Parties in commencing, any bankruptcy, insolvency, or receivership proceeding against any Obligor.

Subordination of Remedies. Until the Discharge of As long as any Senior IndebtednessDebt shall remain outstanding and unpaid, following the occurrence of any Event of Default and until such Event of Default is cured or waived in accordance with the terms of the Credit Agreementwaived, each Company shall notno Obligor shall, without the prior written consent of the Agent: (a) accelerate, make demand, or otherwise make due and payable prior to the original due date thereof any Intercompany Subordinated Debt or bring suit or institute any other actions or proceedings to enforce its rights or interests in respect of the obligations of any other Obligor owing to such CompanyObligor; (b) exercise any rights under or with respect to guaranties of the Intercompany Subordinated Debt, if any; (c) exercise any rights to set-offs and counterclaims in respect of any indebtedness, liabilities, or obligations of such Company Obligor to any other Obligor against any of the Intercompany Subordinated Debt; or (d) commence, or cause to be commenced, or join with any creditor other than the Agent and the other members of the Lender Group or any Lender, in commencing, any bankruptcy, insolvencyInsolvency Proceeding, or receivership proceeding against any other Obligor.

Subordination of Remedies. Until the Discharge of As long as any Senior IndebtednessDebt shall have not been Paid in Full, following the occurrence of any Event of Default and until such Event of Default is cured or waived in accordance with the terms of the Credit Agreementwaived, each Company shall notno Obligor shall, without the prior written consent of the Collateral Agent: (a) accelerate, make demand, or otherwise make due and payable prior to the original due date thereof any Intercompany Subordinated Debt or bring suit or institute any other actions or proceedings to enforce its such Obligor's rights or interests in respect of the obligations of owed to it by any Obligor owing to such Companyother Obligor; (b) exercise any rights under or with respect to guaranties of the Intercompany Subordinated Debt, if any; (c) exercise any rights to set-offs and counterclaims in respect of any indebtedness, liabilities, or obligations of such Company Obligor to any other Obligor against any of the Intercompany Subordinated Debt; or (d) commence, or cause to be commenced, or join with any creditor other than Agent and the other members of Agents or the Lender Group Lenders, in commencing, any bankruptcy, insolvencyinsolvency proceeding, or receivership proceeding against any other Obligor.

Subordination of Remedies. Until the Discharge of As long as any Senior IndebtednessDebt shall remain outstanding and unpaid, following the occurrence and during the continuance of any Event of Default and until such Event of Default is cured or waived in accordance with the terms of the Credit AgreementDefault, each Company shall notno Obligor shall, without the prior written consent of Collateral Agent: (a) accelerate, make demand, or otherwise make due and payable prior to the original due date thereof any Intercompany Subordinated Debt or bring suit or institute any other actions or proceedings to enforce its rights or interests in respect of the obligations of any other Obligor owing to such CompanyObligor; (b) exercise any rights under or with respect to guaranties of the Intercompany Subordinated Debt, if any; (c) exercise any rights to set-offs and counterclaims in respect of any indebtedness, liabilities, or obligations of such Company Obligor to any other Obligor against any of the Intercompany Subordinated Debt, except for ordinary course adjustments between Obligors; or (d) commence, or cause to be commenced, or join with any creditor other than Agent and the other members of the Lender Group or Collateral Agent on behalf thereof, in commencing, any bankruptcy, insolvency, or receivership proceeding against any the other Obligor.

Subordination of Remedies. Until the Discharge of As long as any Senior IndebtednessDebt shall remain outstanding and unpaid, following the occurrence of any Event of Default and until such Event of Default is cured or waived in accordance with the terms of the Credit Agreementwaived, each Company Obligor shall not, without the prior written consent of Agent: (a) accelerate, make demand, or otherwise make due and payable prior to the original due date thereof any Intercompany Subordinated Debt or bring suit or institute any other actions or proceedings to enforce its rights or interests in respect of the obligations of any other Obligor owing to such CompanyObligor; (b) exercise any rights under or with respect to guaranties of the Intercompany Subordinated Debt, if any; (c) exercise any rights to set-offs and counterclaims in respect of any indebtedness, liabilities, or obligations of such Company Obligor to any other Obligor against any of the Intercompany Subordinated Debt; or (d) commence, or cause to be commenced, or join with any creditor other than Agent and the other members of the Lender Group or Agent on behalf thereof in commencing, any bankruptcy, insolvency, or receivership proceeding against any the other Obligor.