Agency Provisions Relating to Collateral. Each Lender authorizes and ratifies Agent's entry into this Agreement and the Security Documents for the benefit of Lenders. Each Lender agrees that any action taken by Agent with respect to the Collateral in accordance with the provisions of this Agreement or the Security Documents, and the exercise by Agent of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all Lenders. Agent is hereby authorized on behalf of all Secured Parties, without the necessity of any notice to or further consent from any Lender to take any action with respect to any Collateral or the Loan Documents which may be necessary to perfect and maintain perfected Agent's Liens upon the Collateral, for the benefit of the other Secured Parties. Lenders hereby irrevocably authorize Agent, at its option and in its discretion, to release any Lien granted to or held by Agent upon any Collateral (i) upon termination of the Agreement and payment and satisfaction of all Obligations; or (ii) constituting Property in which no Borrower owned any interest at the time the Lien was granted or at any time thereafter; or (iii) in connection with any foreclosure sale or other disposition of Collateral after the occurrence and during the continuance of an Event of Default; or (iv) if approved, authorized or ratified in writing by Agent at the direction of all Lenders. Upon request by Agent at any time, Xxxxxxx will confirm in writing Agent's authority to release particular types or items of Collateral pursuant hereto. Agent shall have no obligation whatsoever to any Lender or to any other Person to assure that the Collateral exists or is owned by any Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant to the Security Documents have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of its rights, authorities and powers granted or available to Agent in this Section 11.7 or in any of the Loan Documents, it being understood and agreed that in respect of the Collateral, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its sole discretion, but consistent with the provisions of this Agre...
Agency Provisions Relating to Collateral. (a) The Agent is hereby authorized on behalf of all Lenders, without the necessity of any notice to or further consent from any Lender, at any time and from time to time, to take any action with respect to any collateral for the Loan or any Loan Document which may be necessary to preserve and maintain such collateral or to perfect and maintain perfected the liens upon such collateral granted pursuant to this Agreement and the other Loan Documents.
Agency Provisions Relating to Collateral. 71 11.8. Agent's Right to Purchase Commitments................................................. 72 11.9. Right of Sale, Assignment, Participations............................................. 72 11.10. Amendment............................................................................. 74 11.11. Resignation of Agent; Appointment of Successor........................................ 75 11.12. Audit and Examination Reports; Disclaimer by Lenders.................................. 76 11.13. Syndication Agent; Documentation Agents............................................... 77 11.14.
Agency Provisions Relating to Collateral a. Agent Bank is hereby authorized on behalf of all Lenders, without the necessity of any notice to or further consent from any Lender, from time to time prior to an Event of Default, to take any action with respect to any Collateral or Loan Document which may be necessary to perfect and maintain liens of the Security Documentation upon the Collateral granted pursuant to the Loan Documents. Agent Bank may make, and shall be reimbursed by Lenders (in accordance with their Pro Rata Shares), to the extent not reimbursed by Borrowers or Guarantor, for, Protective Advance(s) during any one (1) calendar year with respect to the Collateral up to the sum of (i) amounts expended to pay real estate taxes, assessments and governmental charges or levies imposed upon such Collateral, (ii) amounts expended to pay insurance premiums for policies of insurance related to such Collateral, and (iii) One Hundred Thousand Dollars ($100,000.00). Protective Advances in excess of said sum during any calendar year for any Collateral shall require the consent of Requisite Lenders. In addition, Agent Bank is hereby authorized on behalf of all Lenders, without the necessity of any notice to or further consent from any Lender, to waive the imposition of the late fees provided for in Section 2.08(a) up to a maximum of two (2) times per calendar year, including any extensions.
Agency Provisions Relating to Collateral. 41 14.7 Lender Actions Against Borrower or the Collateral........ 43 14.8
Agency Provisions Relating to Collateral. (a) Agent is hereby authorized on behalf of all Lenders, without the necessity of any notice to or further consent from any Lender, from time to time prior to an Event of Default, to take any action with respect to any Collateral or Loan Document which may be necessary to perfect and maintain perfected Liens upon the Collateral granted pursuant to the Collateral Documents. Agent may make, and shall be reimbursed for, Protective Advance(s) during any one calendar year with respect to each Eligible Project up to the sum of (i) amounts expended to pay real estate taxes, assessments and governmental charges or levies imposed upon such Eligible Project, (ii) amounts expended to pay insurance premiums for policies of insurance related to such Eligible Project, and (iii) $500,000.00. Protective Advances in excess of said sum during any calendar year for any Eligible Project shall require the consent of Majority Lenders. Any Protective Advance which would, when aggregated with all other Advances, cause the Lenders to exceed their Commitments, shall require the consent of all of the Lenders; provided, however, that each Lender will approve or disapprove any request by the Agent for such Protective Advance within three (3) Business Days after receipt of such request from the Agent; provided, further, that any Lender who fails to so approve or disapprove within such three (3) Business Day period shall be deemed to have approved such Protective Advance.
Agency Provisions Relating to Collateral. (a) Each Lender authorizes and directs Agent to enter into the Loan Documents for the benefit of the Lenders. Each Lender agrees that any action taken by Agent or Required Lenders in accordance with the provisions of this Agreement or the Loan Documents, and the exercise by Agent or Required Lenders of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all Lenders.
Agency Provisions Relating to Collateral. Each Lender authorizes and ratifies Administrative Agent's, Canadian Agent's and UK Agent's entry into this Agreement and the Security Documents for the benefit of Lenders. Each Lender agrees that any action taken by Administrative Agent, Canadian Agent and/or UK Agent with respect to the Collateral in accordance with the provisions of this Agreement or the Security Documents, and the exercise by Administrative Agent, Canadian Agent and/or UK Agent of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all Lenders. Administrative Agent, Canadian Agent and/or UK Agent, as the case may be, are hereby authorized on behalf of all Lenders, without the necessity of any notice to or further consent from any Lender, from time to time prior to an Event of Default, to take any action with respect to any Collateral or the Loan Documents which may be necessary to perfect and maintain perfected Administrative Agent's Liens upon the Domestic Collateral, for its and Canadian Agent's, UK Agent's, Bank's and the Lenders' benefit, and Canadian Agent's Liens upon the Canadian Collateral, for its, Canadian Lender's, Canadian Participating Lenders', UK Agent's, UK Lender's and UK Participating Lenders' benefit, and UK Agent's Liens upon the UK Collateral, for its, UK Lender's, UK Participating Lenders', Canadian Agent's, Canadian Lender's and Canadian Participating Lenders' benefit. Lenders hereby irrevocably authorize Administrative Agent, Canadian Agent and UK Agent, as the case may be, at its option and in its discretion, to release any Lien granted to or held by Administrative Agent, Canadian Agent or UK Agent upon any Collateral (a) upon termination of this Agreement and payment and satisfaction of all Obligations; or (b) constituting property being sold or disposed of if the Borrower Representative certifies to Administrative Agent, Canadian Agent and UK Agent, as the case may be, that the sale or disposition is made in compliance with Section 8.2.10 hereof (and Administrative Agent, Canadian Agent and UK Agent may rely conclusively on any such certificate, without further inquiry); or (c) constituting property in which the applicable Borrower or Subsidiary of a Borrower owned no interest at the time the Lien was granted or at any time thereafter; or (d) in connection with any foreclosure sale or other disposition of Collateral after the occurrence and during the continuation o...
Agency Provisions Relating to Collateral. 97 Section 11.12 Lender Actions Against Collateral...........................99 Section 11.13
Agency Provisions Relating to Collateral. Each Term Loan B Lender authorizes and ratifies Tranche B Agent's entry into this Agreement for the benefit of Term Loan B Lenders. Each Term Loan B Lender agrees that any action directed by Tranche B Agent with respect to the Collateral in accordance with the provisions of this Agreement and the exercise by Tranche B Agent of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all Term Loan B Lenders. Tranche B Agent shall have no obligation whatsoever to any Term Loan B Lender or to any other Person to assure that the Collateral exists or is owned by any Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant to the Security Documents have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity.
