Common use of Actions in Concert Clause in Contracts

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 100 contracts

Samples: Credit Agreement (Sothebys), Loan and Security Agreement (BRT Realty Trust), Credit Agreement (Standard Motor Products Inc)

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Actions in Concert. Anything in this Agreement Notwithstanding anything contained herein to the contrary notwithstandingcontrary, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights against any Credit Party arising out of this Agreement or the Notes any other Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite or Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes other Loan Documents shall be taken in concert and at the direction or with the consent of Agent or Requisite Required Lenders.

Appears in 29 contracts

Samples: Credit Agreement (Eplus Inc), Revolving Credit Agreement (Real Industry, Inc.), Credit Agreement (Constellium N.V.)

Actions in Concert. Anything in this Agreement to For the contrary notwithstandingsake of clarity, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or Agreement, the Notes or any other Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement Agreement, the Notes and the Notes other Loan Documents shall be taken in concert and at the direction or with the consent of Agent or Requisite Required Lenders.

Appears in 26 contracts

Samples: Credit Agreement (Misonix Inc), Credit Agreement (New Misonix, Inc.), Credit Agreement (pSivida Corp.)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or Agreement, the Notes or any other Debt Documents (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or and Requisite Lenders.

Appears in 25 contracts

Samples: Loan Agreement, Loan and Security Agreement (Infraredx Inc), Loan and Security Agreement (Syndax Pharmaceuticals Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 22 contracts

Samples: Credit Agreement (Green Mountain Coffee Inc), Credit Agreement (Green Mountain Coffee Roasters Inc), Credit Agreement (Verdant Brands Inc)

Actions in Concert. Anything in this Agreement to For the contrary notwithstandingsake of clarity, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or Agreement, the Notes or any other Loan Document (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement Agreement, the Notes and the Notes other Loan Documents shall be taken in concert and at the direction or with the consent of Agent or Requisite Required Lenders.

Appears in 10 contracts

Samples: Credit Agreement (Biolase, Inc), Credit Agreement (Acer Therapeutics Inc.), Credit Agreement (Acer Therapeutics Inc.)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Collateral Agent and Requisite or Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes any Loan Document shall be taken in concert and at the direction or with the consent of Collateral Agent or Requisite Required Lenders.. EXHIBIT C

Appears in 9 contracts

Samples: Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Spectrum Pharmaceuticals Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any other Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of the Administrative Agent and Requisite the Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes other Loan Documents shall be taken in concert and at the direction or with the consent of the Administrative Agent or Requisite the Required Lenders.

Appears in 8 contracts

Samples: Possession Credit Agreement (Quiksilver Inc), Term Loan Agreement (Quiksilver Inc), Credit Agreement (Quiksilver Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including including, without limitation, exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lendersthe Agent.

Appears in 7 contracts

Samples: Credit Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes any Loan Document shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 7 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (GenMark Diagnostics, Inc.), Loan and Security Agreement (AMEDICA Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and the Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or the Requisite Lenders.

Appears in 6 contracts

Samples: Credit Agreement (Otelco Inc.), Credit Agreement (Otelco Inc.), Credit Agreement (Otelco Inc.)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with Agent and each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 6 contracts

Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 6 contracts

Samples: Credit Agreement (Artra Group Inc), Credit Agreement (American Physician Partners Inc), Credit Agreement (Renaissance Cosmetics Inc /De/)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Administrative Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Administrative Agent or Requisite Lenders.

Appears in 6 contracts

Samples: Credit Agreement (SITEL Worldwide Corp), Credit Agreement (Catalog Resources, Inc.), Revolving Loan Agreement (Wheeling Pittsburgh Corp /De/)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or Agreement, the Notes or any other Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lendersthe Agent, it being the intent of the Lenders that any such action to protect or enforce rights under this Agreement Agreement, the Notes and the Notes other Loan Documents shall be taken in concert and at the direction or with the consent of Agent or Requisite Lendersthe Agent.

Appears in 6 contracts

Samples: Credit Agreement (Unifund Financial Technologies, Inc.), Credit Agreement (Unifund Financial Technologies, Inc.), Credit Agreement (LIVE VENTURES Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any other Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent the Agents and Requisite the Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes other Loan Documents shall be taken in concert and at the direction or with the consent of Agent the Agents or Requisite the Required Lenders.

Appears in 6 contracts

Samples: And Senior Secured (Quiksilver Inc), Credit Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 5 contracts

Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp), Credit Agreement (510152 N B LTD)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Administrative Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAdministrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (Presstek Inc /De/), Credit Agreement (Able Laboratories Inc), Credit Agreement (Presstek Inc /De/)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Collateral Agent and Requisite or Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes any Loan Document shall be taken in concert and at the direction or with the consent of Collateral Agent or Requisite Required Lenders.

Appears in 4 contracts

Samples: Loan and Security Agreement (Axcella Health Inc.), Loan and Security Agreement (Rezolute, Inc.), Loan and Security Agreement (Exagen Inc.)

Actions in Concert. Anything in this Agreement to the contrary ------------------ notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 4 contracts

Samples: Loan and Security Agreement (Premier Graphics Inc), Credit Agreement (Callaway Golf Co /Ca), Credit Agreement (Callaway Golf Co /Ca)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of the Agent and or Requisite Lenders, it being the intent of the Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lendersconcert.

Appears in 4 contracts

Samples: Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Administrative Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAdministrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Bon Ton Stores Inc), Credit Agreement (Bon Ton Stores Inc), Credit Agreement (Superior Energy Services Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Revolving Credit Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and Requisite or Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Revolving Credit Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 3 contracts

Samples: Loan Agreement (Bti Telecom Corp), Loan Agreement (Bti Telecom Corp), Loan Agreement (Bti Telecom Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Revolving Loan Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Revolving Loan Notes shall be taken in concert and at the direction or with the consent of Agent or the Requisite Lenders.

Appears in 3 contracts

Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Hercules Technology Growth Capital Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent Agents and Requisite Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent Agents or Requisite Required Lenders.

Appears in 3 contracts

Samples: Financing Agreement (Oglebay Norton Co /Ohio/), Financing Agreement (Oglebay Norton Co /Ohio/), Financing Agreement (Oglebay Norton Co /Ohio/)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite the Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes any Loan Document shall be taken in concert and at the direction or with the consent of Agent or Requisite the Required Lenders.

Appears in 3 contracts

Samples: Loan and Security Agreement (Cardiva Medical, Inc.), Loan and Security Agreement (Restoration Robotics, Inc.), Loan and Security Agreement (Radius Health, Inc.)

Actions in Concert. Anything For the sake of clarity, anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any other Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite or Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes other Loan Documents shall be taken in concert and at the direction or with the consent of Agent or Requisite Required Lenders.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Mammoth Energy Services, Inc.), Credit Agreement (Universal Logistics Holdings, Inc.), Credit Agreement (Dixie Group Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of the Administrative Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of the Administrative Agent or Requisite Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Delta Air Lines Inc /De/), Possession Credit Agreement (Delta Air Lines Inc /De/), Possession Credit Agreement (Delta Air Lines Inc /De/)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Wesco International Inc), Credit Agreement (Wesco International Inc), Credit Agreement (Wesco International Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Revolving Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Revolving Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 3 contracts

Samples: Possession Credit Agreement (Mirant Corp), Credit Agreement (Carlisle Holdings LTD), Credit Agreement (Guardian International Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and or Requisite Revolving Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 2 contracts

Samples: Credit Agreement (Track N Trail Inc), Credit Agreement (Itron Inc /Wa/)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off but not including the exercise by the Tranche B Revolving Lenders of their rights under Section 8.2(a)(ii), (b) and (c)) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 2 contracts

Samples: In Possession Credit Agreement (Filenes Basement Corp), Credit Agreement (Filenes Basement Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Revolving Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of the Administrative Agent and or the Requisite Lenders, it being the intent of the Lenders that any such action to protect or enforce rights under this Agreement and the Revolving Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lendersthe Administrative Agent.

Appears in 2 contracts

Samples: Receivables Funding Agreement (Superior Telecom Inc), Receivables Funding Agreement (Alpine Group Inc /De/)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Administrative Agent and Requisite the Majority Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Administrative Agent or Requisite the Majority Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Kmart Holding Corp), Credit Agreement (Kmart Holding Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Revolving Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite LendersRequired Lenders as applicable, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Revolving Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Required Lenders, as applicable, in accordance with the terms hereof.

Appears in 2 contracts

Samples: Credit and Security Agreement (MVC Capital, Inc.), Credit and Security Agreement (MVC Capital, Inc.)

Actions in Concert. Anything in this Agreement to the contrary ------------------ notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including including, without limitation, exercising any rights right of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of the Agent or Requisite and the Required Lenders.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Styrochem International LTD), Credit and Security Agreement (Styrochem International Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of the Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 2 contracts

Samples: Loan and Security Agreement (KMC Telecom Holdings Inc), Loan and Security Agreement (KMC Telecom Holdings Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Administrative Agent and Requisite Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Administrative Agent or Requisite Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Centerplate, Inc.), Credit Agreement (Centerplate, Inc.)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with Agent and each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any other Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent the Agents and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent the Agents or Requisite Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Sothebys), Credit Agreement (Sothebys)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset off) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAdministrative Agent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Us Lec Corp), Loan and Security Agreement (Us Lec Corp)

Actions in Concert. Anything in this Agreement to the ------------------ contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 2 contracts

Samples: Credit Agreement (Icon Health & Fitness Inc), Credit Agreement (Icon Health & Fitness Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset off) without first obtaining the prior written consent of Agent and the Requisite Lenders, it being the intent of the Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lendersthe Administrative Agent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Eschelon Telecom Inc), Loan and Security Agreement (Us Xchange LLC)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or and Requisite Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Devcon International Corp), Credit Agreement (Uti Worldwide Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or Agreement, the Notes or any other Debt Documents (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite and Required Lenders.

Appears in 2 contracts

Samples: Loan and Security Agreement (Endocyte Inc), Loan and Security Agreement (Endocyte Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent Agents and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent Agents or Requisite LendersLenders and as provided in Section 8.2.

Appears in 1 contract

Samples: Credit Agreement (Allied Holdings Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes Loan Documents (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes Loan Documents shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Equinix Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with Agent and each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Clean Harbors Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including including, without limitation, exercising any rights right of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of the Agent or Requisite and the Required Lenders.

Appears in 1 contract

Samples: Credit and Security Agreement (Radnor Holdings Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights against the Loan Parties or the Collateral arising out of this Agreement or Agreement, the Notes or any other Debt Documents (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or and Requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Entremed Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Revolving Credit Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Revolving Credit Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Weider Nutrition International Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent Administrative Agents and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent Administrative Agents or Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Delta Air Lines Inc /De/)

Actions in Concert. Anything in this Agreement to the ------------------ contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of the Administrative Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAdministrative Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Paetec Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and the Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite a majority of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Princeton Review Inc)

Actions in Concert. Anything in this Agreement to the contrary ------------------ notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (United Road Services Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent the Agents and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent the Agents or Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Coffeyville Resources, Inc.)

Actions in Concert. Anything in this Agreement Notwithstanding anything contained herein to the contrary notwithstandingcontrary, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights against the Borrower arising out of this Agreement or the Notes any other Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite or Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes other Loan Documents shall be taken in concert and at the direction or with the consent of Agent or Requisite Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Amerco /Nv/)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent Revolving Lenders and Requisite Acquisition Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent Agent, Requisite Revolving Lenders or Requisite Acquisition Lenders.

Appears in 1 contract

Samples: Credit Agreement (Pioneer Drilling Co)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Tranche A Revolving Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Tranche A Revolving Lenders.

Appears in 1 contract

Samples: Credit Agreement (Gottschalks Inc)

Actions in Concert. Anything in this Agreement to the ------------------- contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (American Eco Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent Agent, the Requisite Lenders or the Requisite Tranche B Lenders, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Rowe Companies)

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Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including including, without limitation, exercising any rights right of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of the Agent or Requisite and the Required Lenders.

Appears in 1 contract

Samples: Agreement (Styrochem U S Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Term Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Term Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 1 contract

Samples: Term Loan Agreement (Northland Cable Properties Seven Limited Partnership)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes any Loan Document shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Siga Technologies Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with Agent and each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Term Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Standard Motor Products Inc)

Actions in Concert. Anything in this Agreement to the contrary ------------------ notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Administrative Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Collateral Agent and Requisite or, the Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes any Loan Document shall be taken in concert and at the direction or with the consent of Collateral Agent or Requisite or, the Required Lenders).

Appears in 1 contract

Samples: Loan and Security Agreement (Vapotherm Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Administrative Agent and Requisite or Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes any Loan Document shall be taken in concert and at the direction or with the consent of Administrative Agent or Requisite Required Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Harrow Health, Inc.)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the any Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the any Notes shall be taken in concert and at the direction or with the consent of Agent or and Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Devcon International Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Revolving Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Revolving Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Per Se Technologies Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.Agent. 44

Appears in 1 contract

Samples: Credit Agreement (Radiologix Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with Agent and each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite LendersAgent, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Rand Logistics, Inc.)

Actions in Concert. Anything in this Agreement to the contrary ------------------ notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Revolving Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of the Administrative Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Revolving Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lendersthe Administrative Agent.

Appears in 1 contract

Samples: Receivables Funding Agreement (Imperial Sugar Co /New/)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Revolving Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Styling Technology Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender and each Group Agent hereby agrees with each other Lender and Group Agent that no Lender or Group Agent shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and the Requisite Lenders, it being the intent of the Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall shall, subject to any provision herein requiring that each Lender consent to a particular action, be taken in concert and at the direction or with the consent of Agent or the Requisite Lenders.

Appears in 1 contract

Samples: Receivables Funding and Administration Agreement (Ryerson Inc.)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite the Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes any Loan Document shall be taken in concert and at the direction or with the consent of Agent or Requisite the Required Lenders.. ANNEX X Revenue Participation Agreement Documents

Appears in 1 contract

Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement Agreement, the Note or any of the Notes other Loan Documents (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce such rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Loan Agreement (PDS Gaming Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any Loan Document (including exercising any rights of setoff) without first obtaining the prior written consent of Collateral Agent and Requisite or, the Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes any Loan Document shall be taken in concert and at the direction or with the consent of Collateral Agent or Requisite or, the Required Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Vapotherm Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstandingcontrarynotwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Butler International Inc /Md/)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite LendersAgent, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Credit Agreement

Actions in Concert. Anything in this Agreement to the contrary ------------------ notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of the Agent and Requisite Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Telecorp Tritel Holding Co)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Administrative Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Administrative Agent or and Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Darling International Inc)

Actions in Concert. Anything in this Agreement to For the contrary notwithstandingsake of clarity, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or Agreement, the Notes or any other related document (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lendersthe Required Note Holders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersRequired Note Holders.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Neurologix Inc/De)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of the Agent, the Collateral Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lendersand the Collateral Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (KMC Telecom Holdings Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.Agent. AMENDED AND RESTATED CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (Western Digital Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes Note (including including, without limitation, exercising any rights right of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes Note shall be taken in concert and at the direction or with the consent of Agent or Requisite Lendersthe Agent.

Appears in 1 contract

Samples: Security Agreement (Radnor Holdings Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and Requisite or Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Loan Agreement (Bti Telecom Corp)

Actions in Concert. Anything For the sake of clarity, anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes any other Loan Document (including exercising any other than rights of setoff) without first obtaining the prior written consent of Agent and Requisite or Required Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes other Loan Documents shall be taken in concert and at the direction or with the consent of Agent or Requisite Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Greenbacker Renewable Energy Co LLC)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffor set-off) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Scott Technologies Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes other Credit Documents (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lendersthe Agent, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes other Credit Documents shall be taken in concert and at the direction or with the consent of the Agent or Requisite the Majority Lenders.

Appears in 1 contract

Samples: Petition Credit Agreement (Dan River Inc /Ga/)

Actions in Concert. Anything Notwithstanding anything in this Agreement to ------------------ the contrary notwithstandingcontrary, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Revolving Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Revolving Notes shall be taken in concert and at the direction or with the consent of (i) Administrative Agent and Collateral Agent or Requisite Lenders.(ii)

Appears in 1 contract

Samples: Credit Agreement (Boston Chicken Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoff) without first obtaining the prior written consent of Agent Agents and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent Agents or Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Westaff Inc)

Actions in Concert. Anything in this Agreement to the contrary ------------------ notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Assignment Agreement (Montgomery Ward Holding Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Astec Industries Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or Agreement, the Notes or any other Transaction Documents (including exercising any rights of setoff) without first obtaining the prior written consent of Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or and Requisite Lenders.

Appears in 1 contract

Samples: Loan Agreement (XOMA Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including including, without limitation, exercising any rights of setoffset-off) without first obtaining the prior written consent of Administrative Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (National Oilwell Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Revolving Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Revolving Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Liposome Co Inc)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of the Administrative Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAdministrative Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Paetec Corp)

Actions in Concert. Anything in this Agreement to the contrary notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes Loan Documents (including exercising any rights of setoffset-off) without first obtaining the prior written consent of Agent and or Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Home Products International Inc)

Actions in Concert. Anything in this Agreement to the contrary ------------------ notwithstanding, each Lender hereby agrees with each other Lender that no Lender shall take any action to protect or enforce its rights arising out of this Agreement or the Notes (including exercising any rights of setoffset-off) without first obtaining the prior written consent of the Administrative Agent and Requisite Lenders, it being the intent of Lenders that any such action to protect or enforce rights under this Agreement and the Notes shall be taken in concert and at the direction or with the consent of Agent or Requisite LendersAdministrative Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Paetec Corp)

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