Enforcement Action

Enforcement Action. Means any action to enforce or attempt to enforce any right or remedy available to any Junior Creditor under the Junior Loan Documents, applicable law or otherwise, including any action to (a) accelerate the maturity of, or demand as immediately due and payable, all or any part of the Junior Liabilities, (b) exercise any right of set-off, (c) realize or foreclose upon, repossess, sell or otherwise dispose of, liquidate, or otherwise restrict or interfere with the use of, any Collateral, (d)... commence, continue or participate in (other than as a defendant or co-defendant in defense of its own interests) any judicial, arbitral or other proceeding, or any other collection or enforcement action of any kind, against any Debtor or any assets of any Debtor (including any Insolvency or Liquidation Proceeding), in any case, seeking, directly or indirectly, to enforce any rights or remedies, or to enforce any of the obligations incurred by any Debtor, under or in connection with the Junior Liabilities or the Junior Loan Documents, or (e) commence or pursue any judicial, arbitral or other proceeding or legal action 2 of any kind, seeking injunctive or other equitable relief to prohibit, limit or impair the commencement or pursuit by the Senior Lender of any of its rights or remedies under or in connection with the Senior Loan Documents or otherwise available to the Senior Lender under applicable law. View More

Enforcement Action. As defined in the Subordinated Convertible Notes.

Enforcement Action. Shall mean any of the following actions to be taken by the Subordinated Creditor with respect to the Subordinated Debt: (i) the acceleration of the Note in whole or in part; (ii) the attempted enforcement of any of the Subordinated Creditor's rights or remedies against any Credit Party (including, without limitation, the initiation of legal proceedings against any Credit Party); (iii) the filing of, or participation in the filing of, any involuntary bankruptcy... petition against any Credit Party; and (iv) the exercise of any right to require any Credit Party to repurchase or redeem any debt or equity securities in whole or in part (including, without limitation, any capital stock) of any Credit Party. View More

Enforcement Action. Shall mean the commencement of any action (including, without limitation, judicial action, exercise of self-help or power of sale), suit or proceeding by Agent pursuant to the Syndicated Mortgage or any other security document to foreclose or otherwise enforce any lien upon, sell, seize, levy, execute upon, attach, sequester, appoint a receiver for or otherwise dispose of any of the 4 ... Property, but shall exclude (i) any assertion by Agent of its lien on any of the Property as the basis for an objection to a sale of any of the Property under Section 363 of the Bankruptcy Code or for obtaining the proceeds from any sale or other disposition of any of the Property, whether or not such sale or other disposition is a Qualifying Disposition, (ii) any consent by Agent or withholding by Agent of its consent to any sale or other disposition of any of the Property, whether or not such sale or other disposition is a Qualifying Disposition, and (iii) any direction by Agent to cause the sale or other disposition of any of the Property at any time Agent has Control of any of the Property, whether or not such sale or other disposition is a Qualifying Disposition. View More

Enforcement Action. Means any action to enforce or attempt to enforce any right or remedy available to any of the Junior Creditors to collect the Junior Debt, including any action or proceeding (a) to accelerate the maturity of, or demand as immediately due and payable, all or any part of the Junior Debt, or (b) to commence, continue or participate in any judicial, arbitral or other proceeding, or any collection, foreclosure or enforcement action of any kind, against the Company or any Subsidiary or any of the... Company's or any Subsidiary's assets seeking, directly or indirectly, to enforce any rights or remedies, or to enforce any of the obligations incurred by the Company or any Subsidiary, under or in connection with the Junior Debt. View More

Enforcement Action. Means, with respect to any Collateral of any Lender, repossessing, selling, leasing or otherwise disposing of all or any part of such Collateral, or exercising notification or collection rights with respect to all or any portion thereof, or attempting or agreeing to do so; commencing the enforcement with respect to such Collateral of any of the default remedies under any of the applicable agreements or documents of such Lender, the UCC or other applicable laws; commencing a lawsuit or an... involuntary bankruptcy proceeding against a Grantor; any Grantor's commencing a voluntary bankruptcy proceeding; or appropriating, setting off or applying any part or all of such Collateral in the possession of, or coming into the possession of, such Lender or its agent or bailee, to such Lender's claim. View More

Enforcement Action. Shall mean the commencement by the Agent of a liquidation or foreclosure of the Collateral.

Enforcement Action. Any action by Subordinated Creditors or the Administrative Agent to enforce payment or performance by Debtor of any of its Subordinated Creditor Obligations or Subordinated Creditor Agreements, including, but not limited to, any of the following: (a) acceleration of the maturity of Subordinated Creditor Obligations; (b) commencement of, prosecution of, or participation in any lawsuit, action or proceeding, whether private, judicial, equitable, ... administrative, or otherwise (including the commencement or joining with any other creditors in the commencement of any Bankruptcy Case) against Debtor; (c) exercise of any right of setoff for the collection of any amounts due in respect of the Subordinated Creditor Obligations; (d) exercise of any Security Creditor Remedy; or (e) in the event of a Bankruptcy Case: (i) prosecuting a motion for relief from the automatic stay to exercise an Enforcement Action; (ii) objecting to Senior Creditor's motion for relief from the automatic stay to foreclose on and sell any of the Collateral; (iii) seeking to provide debtor-in-possession loans or advances to Debtor wherein Senior Creditor's liens would be subordinated in priority; (iv) seeking or acquiesce in any request to convert the Bankruptcy Case under chapter 11 of Title 11 of the Bankruptcy Code to a case under chapter 7 of Title 11 of the Bankruptcy Code; (v) seeking the appointment of a trustee or examiner with expanded powers for Debtor or any of its subsidiaries or affiliates, if any; (vi) opposing the confirmation of Debtor's plan of reorganization if such action might adversely affect Debtor's business or Debtor's ability to repay the Senior Creditor Obligations. Notwithstanding the foregoing, none of the following shall constitute an "Enforcement Action" for purposes of this Agreement: (x) the delivery of any notice of default or other notice to Debtor pursuant to or in connection with the Subordinated Creditor Agreements, (y) the acceleration of the Subordinated Creditor Obligations if Senior Creditor has already notified Subordinated Creditors and Debtor in writing that it has accelerated the Senior Creditor Obligations and has not rescinded such notice in writing, (z) the filing by Subordinated Creditors of a proof of claim in a Bankruptcy Case, which proof of claim indicates Subordinated Creditors' subordination hereunder. View More

Enforcement Action. Shall mean any action, whether legal, equitable, judicial, non-judicial or otherwise, to collect or receive any amounts under the Subordinated Note or Subordinated Debt including, without limitation, joining with any other Person in the filing of petition or action to cause an Insolvency Event, or to enforce or realize upon any Lien, security interest, restriction, encumbrance, charge, claim, right or other interest or arrangement now or in the future existing, including, without limitation,... any repossession, foreclosure, public sale, private sale, collection, receipt, obtaining of a receiver or retention of all or any part of amounts paid pursuant to the Subordinated Note or Subordinated Debt or Lender Collateral, or any acceleration of the Subordinated Note or Subordinated Debt or the exercise or enforcement of any other right, power or remedy with respect to the Subordinated Note or Subordinated Debt. View More

Enforcement Action. Means any remedy available to Subordinating Party under any of the Subordinated Loan Documents or applicable law to enforce collection of any of the Subordinated Debt, including (a) the repossession, foreclosure, exercise of setoff rights upon or other act to realize upon any of the Collateral, and (b) any petition filed against any Borrower for relief under Bankruptcy Law or a petition or suit for the appointment of a receiver or other custodian therefore or for any of any Borrower's assets.