Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 180 contracts
Samples: Credit Agreement (OneWater Marine Inc.), Revolving Credit Agreement (Boston Private Financial Holdings Inc), Revolving Credit Agreement (Atmos Energy Corp)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, act unless and until it shall have received instructions from such Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 95 contracts
Samples: Credit Agreement (BioScrip, Inc.), Credit Agreement (BioScrip, Inc.), Credit Agreement (Apollo Medical Holdings, Inc.)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 64 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (WESTMORELAND COAL Co)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 39 contracts
Samples: Credit Agreement (Superior Industries International Inc), Credit and Guarantee Agreement (Janus International Group, Inc.), First Lien Credit Agreement (Pivotal Acquisition Corp)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 22 contracts
Samples: Revolving Credit and Term Loan Agreement (Strategic Education, Inc.), Pledge Agreement (Maximus Inc), Revolving Credit and Term Loan Agreement (JTH Holding, Inc.)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to in any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 12 contracts
Samples: Revolving Credit Agreement (Hughes Supply Inc), Credit Facility Agreement (Ironton Iron Inc), Term Loan Agreement (Intermet Corp)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 11 contracts
Samples: Syndicated Facility Agreement (Toys R Us Inc), Facility Agreement (Toys R Us Inc), Intercreditor Agreement (Southeastern Grocers, LLC)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect respect to any action or actions actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such LendersLenders; and the Administrative Agent shall not incur liability to any Person by reason reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 11 contracts
Samples: Subordinated Term Loan Agreement (United Community Banks Inc), Revolving Credit Agreement (Rollins Inc), Revolving Credit Agreement (Tc Pipelines Lp)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Majority Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, act unless and until it shall have received instructions from such Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Majority Lenders where required by the terms of this Agreement.
Appears in 10 contracts
Samples: Credit Agreement (Oxford Industries Inc), Credit Agreement (Oxford Industries Inc), Credit Agreement (Central Garden & Pet Co)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received written instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders, or such greater number of Lenders where as may be expressly required by the terms of this Agreementunder Section 10.1.
Appears in 9 contracts
Samples: Credit Agreement (Strategic Hotels & Resorts, Inc), Credit Agreement (Strategic Hotels & Resorts, Inc), Credit Agreement (Strategic Hotels & Resorts, Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Lenders or the Required Lenders (as the case may be) with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or the other Loan Documents, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received written instructions from such the Lenders or the Required Lenders; , as applicable, and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder under this Agreement and the other Loan Documents in accordance with the instructions of the Required Lenders where Lenders, or, to the extent required by Section 9.2, all of the terms of this AgreementLenders.
Appears in 8 contracts
Samples: Credit Agreement (Tahoe Resources Inc.), Intercreditor Agreement (Eldorado Gold Corp /Fi), Credit Agreement (SSR Mining Inc.)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; , and the Administrative Agent shall not incur any liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender the Lenders shall not have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where as is required by the terms of pursuant to this Agreement.
Appears in 7 contracts
Samples: Credit Agreement (FS Global Credit Opportunities Fund-D), Credit Agreement (FS Global Credit Opportunities Fund), Credit Agreement (Corporate Capital Trust, Inc.)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Requisite Lenders with respect to any action or actions (including the failure to act) in connection with this Credit Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Requisite Lenders where required by the terms of this Credit Agreement.
Appears in 7 contracts
Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 6 contracts
Samples: Credit Agreement (Noble Corp), Pledge Agreement (Fairpoint Communications Inc), Credit Agreement (Noble Drilling Corp)
Certain Rights of the Administrative Agent. If the ------------------------------------------ Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 5 contracts
Samples: Credit Agreement (MJD Communications Inc), Credit Agreement (Geo Specialty Chemicals Inc), Credit Agreement (Hci Direct Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Term Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 5 contracts
Samples: Credit Agreement (ATD Corp), Credit Agreement (American Tire Distributors Holdings, Inc.), Credit Agreement (ATD Corp)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 4 contracts
Samples: Subsidiary Guarantee Agreement (Amsurg Corp), Revolving Credit Agreement (Amsurg Corp), Revolving Credit Agreement (Amsurg Corp)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, act unless and until it shall have received instructions from such Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement. Section 9.5.
Appears in 4 contracts
Samples: Credit Agreement (Molina Healthcare, Inc.), Credit Agreement (Ensign Group, Inc), Credit and Term Loan Agreement (Amneal Pharmaceuticals, Inc.)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking or not taking such act, unless and until it shall have received instructions from such Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementAgreement or requested by the Administrative Agent.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Bristow Group Inc), Credit Agreement (Bristow Group Inc), Aircraft Security Agreement (Bristow Group Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Majority Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Majority Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender or holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementMajority Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Gaylord Entertainment Co /De), Credit Agreement (Gaylord Entertainment Co /De), Credit Agreement (Gaylord Entertainment Co /De)
Certain Rights of the Administrative Agent. If the any Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 3 contracts
Samples: Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this Agreement, the Notes and the other Financing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder under this Agreement, the Notes and the other Financing Documents in accordance with the instructions of the Required Lenders where Lenders, or to the extent required by Section 9.2, all of the terms of this AgreementLenders.
Appears in 3 contracts
Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Purina Mills Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders, Majority Revolving Credit Lenders and/or Majority Term Loan Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders, Majority Revolving Credit Lenders and/or Majority Term Loan Lenders where required by the terms of this Agreement.
Appears in 3 contracts
Samples: And Term Loan Agreement (E.W. SCRIPPS Co), And Term Loan Agreement (Scripps E W Co /De), Revolving Credit and Term Loan Agreement (Scripps E W Co /De)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Wyndham International Inc), Credit Agreement (Wyndham International Inc)
Certain Rights of the Administrative Agent. If the ------------------------------------------ Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 2 contracts
Samples: Registration Rights Agreement (Wyndham International Inc), Credit Agreement (Wyndham International Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to in any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent Agent’s acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Choicepoint Inc), Term Loan Credit Agreement (Choicepoint Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to in any Person by reason of so refraining. Without limiting the foregoing, no Lender Secured Party shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 2 contracts
Samples: Credit Agreement (Intermet Corp), Credit Agreement (Ironton Iron Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement and the other Financing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder under this Agreement and the other Financing Documents in accordance with the instructions of the Required Lenders where Lenders, or, to the extent required by Section 10.2, all of the terms of this AgreementLenders.
Appears in 2 contracts
Samples: Credit Agreement (Aventine Renewable Energy Holdings Inc), Credit Agreement (Aventine Renewable Energy Holdings Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such Lenders; the Required Lenders and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 2 contracts
Samples: Loan Agreement (Rti Surgical, Inc.), Loan Agreement (RTI Biologics, Inc.)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders or the Required Class Lenders of a Class with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, act unless and until it shall have received instructions from such Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders or the Required Class Lenders of a Class where required by the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Community Healthcare Trust Inc), Credit Agreement (Community Healthcare Trust Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Bridge Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Bridge Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 2 contracts
Samples: Agreement Acknowledging Bridge Loan Agreement (CF Industries Holdings, Inc.), Bridge Loan Agreement (CF Industries Holdings, Inc.)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 2 contracts
Samples: Credit Agreement (Universal Compression Inc), Universal Compression Holdings Inc
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 2 contracts
Samples: Credit Agreement (Smurfit Stone Container Corp), Credit Agreement (Smurfit Stone Container Corp)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 2 contracts
Samples: Intercompany Subordination Agreement (Lee Enterprises, Inc), Second Lien Loan Agreement (Lee Enterprises, Inc)
Certain Rights of the Administrative Agent. If the ------------------------------------------ Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to in any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Samples: Credit Agreement (Hughes Supply Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Friedman Billings Ramsey Group Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect re-spect to any action or actions ac-tions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such LendersLend-ers; and the Administrative Agent shall not incur liability to any Person by reason rea-son of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance ac-cordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Landamerica Financial Group Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Lee Enterprises, Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreementthe Loan Documents, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreementthe Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Enterprise Products Partners L P)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.. Section 9.5
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Healthways, Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions ac-tions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, act unless and until it shall have received instructions from such Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (LendingTree, Inc.)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Majority Lenders at any time. If the Administrative Agent shall request requests instructions from the Required Majority Lenders with respect to any act or action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Majority Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementMajority Lenders.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to in any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Samples: Contribution Agreement (Planet Hollywood International Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Dynagas LNG Partners LP)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the . Administrative Agent shall not incur liability be fully justified in failing or refusing to take any Person by reason action under any Loan Document unless it shall first receive such advice or concurrence of so refrainingthe Required Lenders as it deems appropriate. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required permitted by the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Celadon Group Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this Agreement, the Term Notes and the other Financing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder under this Agreement, the Term Notes and the other Financing Documents in accordance with the instructions of the Required Lenders where Lenders, or to the extent required by Section 10.2, all of the terms of this AgreementLenders.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the -------------------------------------------------- Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the ------------------------------------------ Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this Agreementor with Required Lenders Negative Consent.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where or, if required by hereunder, all the terms of this AgreementLenders.
Appears in 1 contract
Samples: Credit Agreement (CSC Parent Corp)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent Agent's acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Samples: Credit Agreement (CBRL Group Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender and no holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Term Loan Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Term Loan Agreement.
Appears in 1 contract
Samples: Term Loan Agreement (TAL International Group, Inc.)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this Agreement, the Notes and the other Financing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder under this Agreement, the Notes and the other Financing Documents in accordance with the instructions of the Required Lenders where Lenders, or to the extent required by Section 8.02, all of the terms of this AgreementLenders.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect respect to any action or actions actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, act unless and until it shall have received instructions from such Lenders; Lenders, and the Administrative Agent shall not incur liability to any Person by reason reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Dakota Plains Holdings, Inc.)
Certain Rights of the Administrative Agent. If As between the Administrative Agent and any Lender, if the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act action (or taking such actinaction), unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 11.2) where required by the terms of this Agreement.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.Lenders. Section 11.05
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Janus International Group, Inc.)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Requisite Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Requisite Lenders where required by the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Newmarket Corp)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect re‐spect to any action or actions ac‐tions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, act unless and until it shall have received instructions from such Lenders; Lend‐ers, and the Administrative Agent shall not incur liability to any Person by reason rea‐son of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance ac‐cordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (NexPoint Residential Trust, Inc.)
Certain Rights of the Administrative Agent. If the ------------------------------------------------- Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Samples: Loans And (Dollar General Corp)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.. Section 9.5
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure 105 to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, act unless and until it shall have received instructions from such Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, act unless and until it shall have received instructions from such Required Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to in any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent Agent's acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Samples: Choicepoint Inc
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, as the case may be, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such Lenders; the Required Lenders and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this Agreement, the Revolving Credit Notes and the other Financing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder under this Agreement, the Revolving Credit Notes and the other Financing Documents in accordance with the instructions of the Required Lenders where Lenders, or, to the extent required by Section 10.2, all of the terms of this AgreementLenders.
Appears in 1 contract
Samples: Credit Agreement (Aventine Renewable Energy Holdings Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Revolving Loan shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender or holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 10.2) with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it shall have received instructions from such Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 10.2) where required by the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Crawford & Co)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Samples: Revolving Credit Agreement (Discount Auto Parts Inc)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to in any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the 73 81 Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Samples: Intermet Corp
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any Other Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender the Lenders shall not have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent its acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions instruc-tions of the Required Lenders where required by the terms of this AgreementLenders.
Appears in 1 contract
Samples: Credit Agreement (RCN Corp /De/)
Certain Rights of the Administrative Agent. If the Administrative Agent shall request instructions from the Required Lenders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Administrative Agent shall be entitled to refrain from such act or taking such act, act unless and until it shall have received instructions from such Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders where required by the terms of this Agreement.. 105
Appears in 1 contract
Certain Rights of the Administrative Agent. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action or actions (including the failure to act) in connection with this AgreementAgreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such act, action unless and until it the Administrative Agent shall have received instructions from such the Required Lenders; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting hereunder or refraining from acting hereunder under any other Credit Document in accordance with the instructions of the Required Lenders where required by or refraining from acting hereunder or under any other Credit Document in accordance with the terms instructions of this Agreementthe Required Lenders.
Appears in 1 contract
Samples: Priority Credit Agreement (Trico Marine Services Inc)
