Common use of Actions in Discretion of Agent; Instructions From the Banks Clause in Contracts

Actions in Discretion of Agent; Instructions From the Banks. The Agent agrees, upon the written instructions of all the Banks to take any action of the type specified as being within the Agent's rights, powers or discretion herein. In the absence of instructions by all he Banks the Agent shall have authority, in its sole discretion, to take or not to take any such action, unless this Agreement or a Loan Document specifically requires the consent of all the Banks. Any action taken pursuant to such instructions or discretion shall be binding on all the Banks and on all holders of Notes. No Bank shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting hereunder or under the other Loan Documents in accordance with the instructions of all Banks, or in the absence of such instructions, in the absolute discretion of the Agent, subject to the provisions of Section 7.06 hereof.

Appears in 3 contracts

Samples: Loan Agreement (Foster L B Co), Loan Agreement (Foster L B Co), Loan Agreement (Foster L B Co)

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Actions in Discretion of Agent; Instructions From the Banks. The Agent agrees, upon the written instructions of all the Banks shall not be required to take any action of which exposes the type specified as being within the Agent's rights, powers Agent to personal liability or discretion hereinwhich is contrary to this Agreement or any other Loan Document or applicable Law. In the absence of instructions by all he Banks the The Agent shall have authority, in its sole discretion, to take or not to take any such action, unless this Agreement or a Loan Document specifically requires the consent of the Required Banks or all of the Banks. Any action taken or failure to act pursuant to such instructions or discretion shall be binding on all the Banks and on all holders Banks, subject to Section 10.6. Subject to the provisions of Notes. No Section 10.6, no Bank shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting hereunder or under the other Loan Documents in accordance with the instructions of all the Required Banks, or in the absence of such instructions, in the absolute discretion of the Agent, subject to the provisions of Section 7.06 hereof.

Appears in 1 contract

Samples: Credit Agreement (Roundys Inc)

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Actions in Discretion of Agent; Instructions From the Banks. The Agent agrees, upon the written instructions of all the Banks to take any action of the type specified as being within the Agent's rights, powers or discretion herein. In the absence of instructions by all he the Banks the Agent shall have authority, in its sole discretion, to take or not to take any such action, unless this Agreement or a Loan Document specifically requires the consent of all the other Banks. Any action taken pursuant to such instructions or discretion shall be binding on all the Banks and on all holders of Notes. No Bank shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting hereunder or under the other Loan Documents in accordance with the instructions of all the Banks, or in the absence of such instructions, in the absolute discretion of the Agent, subject to the provisions of Section 7.06 hereof.

Appears in 1 contract

Samples: Credit Agreement (River Marine Terminals Inc)

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