Common use of Acts of Secured Parties Clause in Contracts

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Secured Parties) may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “Act” of the Persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured Party if such Act purports to be taken by or on behalf of such Secured Party, and nothing in this Section 4.5 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party to demonstrate that it has been authorized to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured Party.

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given 7 -7- or taken by the Secured Parties or any portion thereof (including the Required Secured Parties) Requisite Party, may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons the Requisite Party and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “"Act” " of the Persons persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured the Requisite Party if such Act purports to be taken by or on behalf of such Secured the Requisite Party, and nothing in this Section 4.5 2.2 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party the Agent (if the Agent is then the Requisite Party) or the Trustee (if the Trustee is then the Requisite Party) to demonstrate that it has been authorized by the Lenders or, as the case may be, holders of the Debentures to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured Partythe Agent or the Trustee, as the case may be.

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Majority Secured Parties) may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “Act” of the Persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured Party if such Act purports to be taken by or on behalf of such Secured Party, and nothing in this Section 4.5 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party to demonstrate that it has been authorized to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured Party.

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Secured PartiesParties and the Lead Secured Party, as applicable) may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments reasonably satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons persons and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “"Act” " of the Persons persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured Party if such Act purports to be taken by or on behalf of such Secured Party, and nothing in this Section 4.5 2.01 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party to demonstrate that it has been authorized to take any action which that it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured Party.

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Secured Parties) Requisite Party, may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments reasonably satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons the Requisite Party and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “"Act” " of the Persons persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured the Requisite Party if such Act purports to be taken by or on behalf of such Secured Party, the Requisite Party and nothing in this Section 4.5 2.2 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured the Agent (if the Agent is then the Requisite Party), the ECF Party (if such ECF Party is then the Requisite Party) or the Trustee (if the Trustee is then the Requisite Party) to demonstrate that it has been authorized by the Lenders, if any, the lenders under the Eligible Credit Facility or the Debenture Holders, as the case may be, to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured Partythe Agent, the ECF Party or the Trustee, as the case may be.

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the any Secured Parties Party or any portion thereof (including by the Required Secured Parties) , may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments reasonably satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons Secured Party or the Required Secured Parties, as the case may be, and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “"Act” " of the Persons persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured Party or of the Required Secured Parties if such Act purports to be taken by or on behalf of such Secured PartyParty or the Required Secured Parties, and nothing in this Section 4.5 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party to demonstrate that it has been authorized to take any action which it purports as the case may be. Any Act to be taking, taken by any Bank may be taken by the Collateral Agent being entitled to rely conclusively, on behalf of and being fully protected in so relying, on any Act at the direction of such Secured PartyBank.

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Secured Parties) Requisite Party, may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons a Requisite Party and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “in "Act” " of the Persons persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured Party if such Act purports to be taken by or on behalf of such Secured Requisite Party, and nothing in this Section 4.5 'SS'5.2 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party Fleet or the Majority Debenture Holder to demonstrate that it has been authorized by the Lender or, as the case may be, holders of the Debentures to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured PartyFleet or the Majority Debenture Holder, as the case may be.

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Secured Parties) may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “"Act” " of the Persons signing such instrument or instruments. The In the absence of bad faith on the part of the Collateral Agent, the Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured Party if such Act purports to be taken by or on behalf of such Secured Party, and nothing in this Section 4.5 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party to demonstrate that it has been authorized to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured Party.

Acts of Secured Parties. Any Except as provided in Section 3 hereof, any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Secured Parties) Exchanging Holders, may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons the Exchanging Holders and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “"Act” " of the Persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured Party Exchanging Holders if such Act purports to be taken by or on behalf of such Secured PartyExchanging Holders, and nothing in this Section 4.5 2.2 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party the Collateral Agent to demonstrate that it has been authorized by the Required Holders or the Demand Holders, as appropriate, to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured Partythe Exchanging Holders.

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Secured Requisite Parties) , may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons the Requisite Parties and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “Act” of the Persons persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured Party the Requisite Parties if such Act purports to be taken by or on behalf of such Secured Partythe Requisite Parties, and nothing in this Section 4.5 §2.2 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party the Agent or a Trustee to demonstrate that it has been authorized by the Lenders or, as the case may be, holders of the Debentures to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of the Agent or such Secured PartyTrustee, as the case may be.

Acts of Secured Parties. Any Except as provided in Section 3 hereof, any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Secured Parties) Noteholder, may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form and substance to the Collateral Agent and signed by or on behalf of such Persons Noteholder and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “"Act” " of the Persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured Party Noteholders if such Act purports to be taken by or on behalf of such Secured PartyNoteholders, and nothing in this Section 4.5 2.2 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party the Collateral Agent to demonstrate that it has been authorized by the Required Noteholders or the Demand Noteholders, as appropriate, to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured Partythe Noteholders.

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Secured Parties) may be and, at the request of either the Collateral AgentAdministrative Agent or the Indenture Trustee, shall be embodied in and evidenced by one or more written instruments reasonably satisfactory in form and substance to the Collateral Administrative Agent or the Indenture Trustee, as the case may be, and signed by or on behalf of such Persons persons and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral AgentAdministrative Agent and the Indenture Trustee. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “"Act” " of the Persons persons signing such instrument or instruments. The Collateral Each of the Administrative Agent and the Indenture Trustee shall be entitled to rely absolutely upon an Act of any other Secured Party if such Act purports to be taken by or on behalf of such Secured Party, and nothing in this Section 4.5 2.01 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party to demonstrate that it has been authorized to take any action which that it purports to be taking, the Collateral Administrative Agent and the Indenture Trustee being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured Party.

Acts of Secured Parties. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Intercreditor Agreement to be given or taken by the Secured Parties or any portion thereof (including the Required Secured Parties) Agents may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form and substance to the Collateral Agent and signed by or on behalf of (including, in the case of the Secured Parties, their respective Agents) such Persons and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an “"Act” " of the Persons signing such instrument or instruments. The Collateral Agent shall be entitled to rely absolutely upon an Act of any Secured Party or Agent if such Act purports to be taken by or on behalf of such Secured PartyParty or Agent, and nothing in this Section 4.5 2.01 or elsewhere in this Intercreditor Agreement shall be construed to require any Secured Party or Agent to demonstrate that it has been authorized to take any action which that it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Secured PartyParty or Agent.