Action by Lenders. Whenever Banks shall have the right to make an election, or to exercise any right, or their consent shall be required for any action under this Credit Agreement or the Loan Documents, then such election, exercise or consent shall be given or made for all Banks by Agent Bank in accordance with the provisions of Section 10.01. Notices, reports and other documents required to be given by Borrower and/or Guarantor to Banks hereunder may be given to Agent Bank on behalf of Banks, with sufficient copies for distribution to each of the Banks, and the delivery to Agent Bank shall constitute delivery to Banks. In the event any payment or payments are received by a Lender other than Agent Bank, Borrower consents to such payments being shared and distributed as provided herein.
Action by Lenders. Anything in this Agreement or any other Loan Document to the contrary notwithstanding, each Lender hereby agrees with each other Lender and with the Administrative Agent that no Lender shall take any action to protect or enforce its rights against any Loan Party arising out of this Agreement, any other Loan Document or by operation of law (including exercising any rights of set-off) without first obtaining the prior written consent of the Administrative Agent, it being the intent of all Lenders that any such action to protect or enforce rights against any Loan Party under this Agreement and the Loan Documents shall be taken in concert and at the direction or with the consent of the Administrative Agent.
Action by Lenders. Wherever the mutual consent, approval or agreement of the Required Lenders or all of the Lenders is required by the provisions hereof, each of the Lenders agrees to use its best efforts to act reasonably under the circumstances and, if reasonably possible under the circumstances, to act in concert with the other.
Action by Lenders. Except as provided otherwise in Section 16.12 or Section 16.13, where the terms of this Agreement refer to any action to be taken hereunder or thereunder by the Lenders or to any such action that requires the consent, approval, satisfaction, agreement or other determination of the Lenders, the action taken by and consent, approval, satisfaction, agreement or other determination given or made by the Majority Lenders shall constitute the action, consent, approval, agreement or other determination of the Lenders herein or therein referred to. Any Default or Event of Default may be waived before or after it occurs only if consented to by the Majority Lenders.
Action by Lenders. 162 Section 10.12. Time of Essence........................................................................163 Section 10.13. Choice of Law and Forum................................................................163 Section 10.14. Advances...............................................................................163 Section 10.15. Waiver of Jury Trial...................................................................163 Section 10.16. Scope of Approval and Review...........................................................164 Section 10.17.
Action by Lenders. Subject to the terms and conditions of the Intercreditor Agreement, any and all consents, approvals or other actions required or permitted to be taken by the Lenders hereunder shall require the consent of the Tranche A Lender and of Tranche B Lenders entitled to at least 66.67% in principal amount of the Tranche B Loan (the “Required Tranche B Lenders”) which consent of the Tranche B Lenders may be evidenced by a consent of the Tranche B Agent (provided it has received the consent of the Required Tranche B Lenders).
Action by Lenders. No notice to or demand upon the Partnership in any instance, shall entitle the Partnership to any other or further notice or demand under similar or other circumstances, unless expressly required by this Agreement, any other Loan Document or applicable law. Each of the Lenders shall be entitled to rely upon any instrument or communication in any form believed by it to be genuine and to have been signed or sent by a proper Person. No Lender shall be liable for any action taken or omitted to be taken by it hereunder or under any other Loan Document, except for its own manifest error, gross negligence or willful misconduct.
Action by Lenders. Notwithstanding any rights each Lender may have pursuant to this Security Agreement or any law, including without limitation, the New York Uniform Commercial Code (the "UCC"), to act with respect to the Collateral, each Lender hereby agrees that so long as the August Note is outstanding it shall not take any such action without the prior written consent of the other Lender; provided, however, that if the August Note no longer is outstanding, the foregoing consent requirement and any other provision hereof which requires the consent of both of the Lenders shall not apply and each Lender thereafter may exercise its rights under this Security Agreement and the Note issued to it by Obligor, subject to the other applicable terms and conditions set forth herein and therein, without obtaining the consent of the other Lender.
Action by Lenders. Subparagraph (a) is amended in its entirety to read as follows:
Action by Lenders. Any actions required by or taken by the Lenders pursuant to the provisions of this Agreement or the Note shall be effective if taken pursuant to a written document executed by Lenders holding 50.1% or more of the outstanding principal balance of any unpaid Notes hereunder.
