Enforcement Action Definition Example with 11 Variations

Enforcement Action. Means (a) to take from or for the account of any the Company or any Obligor or any other guarantor of the Subordinated Debt, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by the Company, any Company other obligor or or any such guarantor with respect to the Subordinated Debt, Debt; (b) to ask for, demand or sue for payment of, or to initiate or participate with others in any suit, action or proceeding against the Company, any Company other Obligor or any such guarantor to (i) enforce payment of or to collect the whole or any part of the Subordinated Debt or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Debt Documents or applicable law with respect to the Subordinated Debt, Debt; (c) to accelerate the Subordinated Debt, Debt; (d) to exercise any put option or to cause the Company, any Company other Obligor or any such guarantor to honor any redemption or mandatory prepayment obligation under any Subordinated Debt Document Transaction Document; (e) to notify account debtors or (e) directly collect accounts receivable or other payment rights of the Company, any other Obligor or any such guarantor; or (f) take any action under the provisions of any state or federal law, including, without limitation, the Uniform Commercial Code, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any property or assets of the Company, any Company other Obligor or any such guarantor; provided, however, that the term Enforcement Action shall not include (i) the initiation or maintenance of any suit or action by a Subordinated Creditor solely to the extent necessary to prevent the running of any applicable statute of limitations or similar permanent restriction on claims, or (ii) sending a Subordinated Debt Default Notice to any Obligor. guarantor View More

Enforcement Action. Means (a) to take from or for the account of any Company or any guarantor Subsidiary of the Subordinated Debt, any Company, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by any Company or any such guarantor Subsidiary of any Company with respect to the Subordinated Debt, (b) to sue for payment of, or to initiate or participate with others in any suit, action or proceeding against any Company or any such guarantor Subsidiary of any... Company to (i) enforce payment of or to collect the whole or any part of the Subordinated Debt or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Debt Documents or applicable law with respect to the Subordinated Debt, Debt or any of the Companies' property or assets, including the commencement of any Proceeding, (c) to accelerate the Subordinated Debt, Debt (other than pursuant to Section 2.6(r) of the Stock Purchase Agreement, (d) to exercise the Put Right or any other put option or to cause any Company or any such guarantor Subsidiary of any Company to honor any redemption or mandatory prepayment obligation under any Subordinated Debt Document Document, (e) to notify account debtors or (e) directly collect accounts receivable or other payment rights of any Company or any Subsidiary of any Company, (f) to take control or possession of or sell or otherwise realize upon, or to exercise any other rights or remedies with respect to the Subordinated Debt Security, or (g) to take any action under the provisions of any state or federal law, including, without limitation, the Uniform Commercial Code, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any property or assets of any Company or any such guarantor; provided, however, that the term Enforcement Action shall not include (i) the initiation or maintenance Subsidiary of any suit or Company; provided that, notwithstanding anything set forth in this definition, no action by to enforce the Subordinated Creditor's right to a Subordinated Creditor solely Transaction-Related Payment shall be deemed to the extent necessary to prevent the running of any applicable statute of limitations or similar permanent restriction on claims, or (ii) sending a Subordinated Debt Default Notice to any Obligor. be an "Enforcement Action" under this Agreement. View More

Enforcement Action. Means shall mean (a) to take from or for the account of any the Company or any guarantor of the Subordinated Debt, Guarantor, by set-off or in any other manner, the whole or any part of any moneys monies which may now or hereafter be owing by any the Company or any such guarantor with respect to the Subordinated Debt, Guarantor, (b) to sue for payment of, or to initiate or participate with others in any suit, action or proceeding (including without limitation, any Proceeding) against any the... Company or any such guarantor Guarantor to (i) enforce payment of or to collect the whole or any part of the Subordinated Debt or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Debt Documents or applicable law with respect to the Subordinated Debt, (c) to accelerate the Subordinated Debt, (d) to exercise any put option or to cause any the Company or any such guarantor Guarantor to honor any redemption or mandatory prepayment obligation under any Subordinated Debt Document Document, (e) to notify account 2 debtors or (e) directly collect accounts receivable or other payment rights of the Company or any Guarantor, or (f) take any action under the provisions of any state or federal law, including, without limitation, the Uniform Commercial Code, or under any contract or agreement, agreement (including, without limitation, any of the Subordinated Debt Documents), to enforce, foreclose upon, take possession of or sell any property or assets of any the Company or any such guarantor; provided, however, that Guarantor including, without limitation, any of the term Enforcement Action Collateral. For the sake of clarity, the foregoing shall not include (i) restrict the initiation or maintenance of any suit or action by a Subordinated Creditor solely to from (x) converting of all or any portion of the extent necessary to prevent the running of any applicable statute of limitations or similar permanent restriction on claims, or (ii) sending a Subordinated Debt Default Notice in a Permitted Stock Conversion or (y) taking any action to enforce its rights as a holder of Stock or with respect to any Obligor. interests pertaining to any Stock rights (including without limitation registration rights, conversion rights and anti-dilution rights). View More

Enforcement Action. Means shall mean (a) to take from or for the account of any the Company or any guarantor of the Subordinated Debt, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by any the Company or any such guarantor with respect to the Subordinated Debt, (b) to sue for payment of, or to initiate or participate with others in any suit, action or proceeding against any the Company or any such guarantor to (i) enforce payment of or to collect the... whole or any part of the Subordinated Debt or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Debt Documents or applicable law with respect to the Subordinated Debt, (c) to accelerate notify account debtors or directly collect accounts receivable or other payment rights of the Subordinated Debt, (d) to exercise any put option or to cause any Company or any such guarantor to honor any redemption or mandatory prepayment obligation under any Subordinated Debt Document or (e) (d) take any action under the provisions of any state or federal law, including, without limitation, the Uniform Commercial Code, UCC, or under any contract or agreement, to enforce, enforce against, foreclose upon, take possession of or sell any property or assets of any the Company or any such guarantor; Collateral; provided, however, that the term Enforcement Action "Enforcement Action" shall not include (i) an exercise of rights and remedies for specific performance or equitable relief to compel the initiation Company to comply with any non-payment obligations under the Subordinated Debt Documents so long as it is not accompanied by (a) a Collection Action or maintenance of (b) a claim for relief or any other Enforcement Action against or with respect to any Collateral, or (ii) any suit or action initiated or maintained by a the Subordinated Creditor Creditors solely to the extent necessary to prevent the running of any applicable statute of limitations or other similar permanent restriction on claims, or (ii) sending a Subordinated Debt Default Notice to any Obligor. claims. View More

Enforcement Action. Means shall mean (a) to take from or for the account of any Company or any guarantor of other obligor on the Subordinated Debt, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by any Company or any such guarantor other obligor with respect to the Subordinated Debt, (b) to sue for payment of, or to initiate or participate with others in any suit, action or proceeding against any Company or any such guarantor other obligor to (i) enforce... payment of or to collect the whole or any part of the Subordinated Debt or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Debt Documents or applicable law with respect to the Subordinated Debt, (c) to accelerate the Subordinated Debt, (d) to exercise any put option notify account debtors or to cause directly collect accounts receivable or other payment rights of any Company or any such guarantor to honor any redemption other obligor or mandatory prepayment obligation under any Subordinated Debt Document or (e) (d) take any action under the provisions of any state or federal law, including, without limitation, the Uniform Commercial Code, UCC, or under any contract or agreement, to enforce, enforce against, foreclose upon, take possession of or sell any property or assets of any Company or any such guarantor; Collateral; provided, however, that the term Enforcement Action "Enforcement Action" shall not include (i) an exercise of rights and remedies for specific performance or equitable relief to compel any Company to comply with any non-payment obligations under the initiation Subordinated Debt Documents so long as it is not accompanied by (a) a Collection Action or maintenance of (b) a claim for relief or any other Enforcement Action against or with respect to any Collateral, or (ii) any suit or action initiated or maintained by a the Subordinated Creditor solely to the extent necessary to prevent the running of any applicable statute of limitations or other similar permanent restriction on claims, or (ii) sending a Subordinated Debt Default Notice to any Obligor. claims. View More

Enforcement Action. Means shall mean (a) to take from or for the account of any the Company or any guarantor of the Subordinated Debt, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by any the Company or any such guarantor with respect to the Subordinated Debt, (b) to sue for payment of, or to initiate or participate with others in any suit, action or proceeding against any the Company or any such guarantor to (i) enforce payment of or to collect the... whole or any part of the Subordinated Debt or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Debt Documents or applicable law with respect to the Subordinated Debt, (c) to accelerate the Subordinated Debt, (d) to exercise any put option or to cause any the Company or any such guarantor to honor any redemption or mandatory prepayment obligation under any Subordinated Debt Document or (e) to take any action under the provisions of any state or federal law, including, without limitation, the Uniform Commercial Code, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any property or assets of any the Company or any such guarantor; provided, however, that the term Enforcement Action shall not include (i) the initiation or maintenance of any suit or action by a Subordinated Creditor solely to the extent necessary to prevent the running of any applicable statute of limitations or similar permanent restriction on claims, or (ii) sending a Subordinated Debt Default Notice to any Obligor. guarantor. View More

Enforcement Action. Means shall mean (a) to take from or for the account of any Company Debtor or any guarantor of the Subordinated Debt, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by any Company such Debtor or any such guarantor with respect to the Subordinated Debt, (b) to sue for payment of, or to initiate or participate with others in any suit, action or proceeding against any Company such Debtor or any such guarantor to (i) enforce payment of or... to collect the whole or any part of the Subordinated Debt or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Debt Documents or applicable law with respect to the Subordinated Debt, (c) to accelerate the Subordinated Debt, (d) to exercise any put option or to cause any Company such Debtor or any such guarantor to honor any redemption or mandatory prepayment obligation under any Subordinated Debt Document or (e) to take any action under the provisions of any state or federal law, including, without limitation, the Uniform Commercial Code, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any property or assets of any Company such Debtor or any such guarantor; provided, however, guarantor, PROVIDED that the term Enforcement Action receipt by any Subordinated Creditor of PIK Subordinated Debt Payments shall not include (i) the initiation or maintenance of any suit or action by a Subordinated Creditor solely be deemed to the extent necessary to prevent the running of any applicable statute of limitations or similar permanent restriction on claims, or (ii) sending a Subordinated Debt Default Notice to any Obligor. be an Enforcement Action. View More

Enforcement Action. Means shall mean (a) to take from or for the account of any Company the Borrower or any guarantor of the Subordinated Debt, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by any Company the Borrower or any such guarantor with respect to the Subordinated Debt, (b) to sue for payment of, or to initiate or participate with others in any suit, action or proceeding against any Company the Borrower or any such guarantor to (i) enforce... payment of or to collect the whole or any part of the Subordinated Debt or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Debt Documents or applicable law with respect to the Subordinated Debt, (c) to accelerate the Subordinated Debt, (d) to exercise any put option or to cause any Company the Borrower or any such guarantor to honor any redemption or mandatory prepayment obligation under any Subordinated Debt Document or (e) to take any action under the provisions of any state or federal law, including, without limitation, the Uniform Commercial Code, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any property or assets of any Company the Borrower or any such guarantor; provided, however, that the term Enforcement Action shall not include (i) the initiation or maintenance of any suit or action by a Subordinated Creditor solely to the extent necessary to prevent the running of any applicable statute of limitations or similar permanent restriction on claims, or (ii) sending a Subordinated Debt Default Notice to any Obligor. guarantor. View More

Enforcement Action. Means shall mean (a) to take from or for the account of any Company the Borrower or any guarantor of the Subordinated Debt, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by any Company the Borrower or any such guarantor with respect to the Subordinated Debt, (b) to sue for payment of, or to initiate or participate with others in any suit, action or proceeding against any Company the Borrower or any such guarantor to (i) enforce... payment of or to collect the whole or any part of the Subordinated Debt or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Debt Documents or applicable law with respect to the Subordinated Debt, (c) to accelerate the Subordinated Debt, (d) to exercise any put option or to cause any Company the Borrower or any such guarantor to honor any redemption or mandatory prepayment obligation under any Subordinated Debt Document or (e) to take any action under the provisions of any state or federal law, including, without limitation, the Uniform Commercial Code, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any property or assets of any Company the Borrower or any such guarantor; provided, however, that the term Enforcement Action shall not include (i) the initiation or maintenance of any suit or action by a Subordinated Creditor solely to the extent necessary to prevent the running of any applicable statute of limitations or similar permanent restriction on claims, or (ii) sending a Subordinated Debt Default Notice to any Obligor. guarantor. View More

Enforcement Action. Means shall mean (a) to take from or receive from, for the account or on behalf of any Company Obligor or any guarantor of the Subordinated Debt, by set-off or in any other manner, the whole or any part of any moneys which may now or hereafter be owing by any Company Obligor or any such guarantor with respect to the Subordinated Debt, Debt (except for the payment of Permitted Subordinated Debt Payments to the extent permitted by Section 2.3), (b) to demand or sue for payment of, or to initiate... or participate with others in any suit, action or proceeding against any Company Obligor or any such guarantor to (i) enforce payment of or to collect the whole or any part of the Subordinated Debt or (ii) commence judicial enforcement of any of the rights and remedies under the Subordinated Debt Documents or applicable law with respect to the Subordinated Debt, (c) to accelerate the Subordinated Debt, (d) to exercise any put option or to cause any Company Obligor or any such guarantor to honor any redemption or mandatory prepayment obligation under any Subordinated Debt Document or (e) to take any action under the provisions of any state or federal law, including, without limitation, the Uniform Commercial Code, or under any contract or agreement, to enforce, foreclose upon, take possession of or sell any property or assets of any Company Obligor or any such guarantor; provided, however, that the term Enforcement Action shall not include (i) the initiation or maintenance of any suit or action by a Subordinated Creditor solely to the extent necessary to prevent the running of any applicable statute of limitations or similar permanent restriction on claims, or (ii) sending a Subordinated Debt Default Notice to any Obligor. guarantor. View More