Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 6 contracts
Sources: Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default or Event of Default (other than the non-payment of principal of or interest on Loans) unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default or Event of Default and stating that such notice is a “"Notice of Default”. ." In the event that the Administrative Agent receives such a notice Notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the LendersLenders (and shall give each Lender prompt notice of each such non-payment). The Administrative Agent shall (subject to Section 10.110.7 hereof) take such action with respect to such Notice of Default as shall be directed by the Required Lenders; Majority Lenders and within its rights under the Loan Documents and at law or in equity, provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, permitted hereby with respect to such Notice of Default as it shall deem advisable in the best interest interests of the Secured Parties except to Lenders and within its rights under the extent that this Agreement expressly requires that such action be takenLoan Documents, at law or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lendersin equity.
Appears in 5 contracts
Sources: Credit Agreement (Oceaneering International Inc), Loan Agreement (Oceaneering International Inc), Credit Agreement (Oceaneering International Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.18.2) take such action with respect to such Default as shall reasonably be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 5 contracts
Sources: Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Hi-Crush Partners LP), Commitment Increase Agreement and Second Amendment (Hi-Crush Partners LP)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower any Obligor specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.113.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 5 contracts
Sources: Credit Agreement, Credit Agreement (Parametric Sound Corp), Credit Agreement (Parametric Sound Corp)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Banks, provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Majority Banks or all Lendersof the Banks.
Appears in 5 contracts
Sources: 364 Day Credit Agreement (Washington Mutual Inc), Credit Agreement (Pitney Bowes Inc /De/), Credit Agreement (Fidelity National Financial Inc /De/)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default (other than a Default under Section 8.1.1) unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 5 contracts
Sources: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 4 contracts
Sources: Amendment Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)
Defaults. The Administrative No Agent or Issuer shall not be deemed to have knowledge or notice of the occurrence of a Default or Borrowing Base Deficiency unless the Administrative Agent it has received a written notice from a Lender Secured Party or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Borrowing Base Deficiency as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 4 contracts
Sources: Credit Agreement (Dynamic Offshore Resources, Inc.), First Lien Credit Agreement (Energy Xxi (Bermuda) LTD), First Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default or Event of Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default or Event of Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.19.7 hereof) take such action with respect to such Default or Event of Default as shall be directed by the Required all Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of all of the Required Lenders or all Lenders.
Appears in 4 contracts
Sources: Loan Agreement (Gramercy Capital Corp), Loan Agreement (American Financial Realty Trust), Loan Agreement (Thomas Properties Group Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.18.2) take such action with respect to such Default as shall reasonably be directed by the Required Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 4 contracts
Sources: Senior Secured Debtor in Possession Term Loan Credit Agreement (Hi-Crush Inc.), Senior Secured Debtor in Possession Credit Agreement (Hi-Crush Inc.), Restructuring Support Agreement (Hi-Crush Inc.)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a any Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying U.S. Borrower, referring to this Agreement, describing such Default and stating that such notice is a “Notice of Default”. In the event that If the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be reasonably directed by the Required LendersLenders (or all or such other portion of the Lenders as required by Section 9.02); provided provided, however, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except Lenders. Notwithstanding anything in the contrary contained herein, the order and manner in which the Lenders’ rights and remedies are to be exercised (including, without limitation, the extent that this Agreement expressly requires that such action enforcement by any Lender of its note) shall be taken, or not be taken, only with the consent or upon the authorization of determined by the Required Lenders (or all Lendersor such other portion of the Lenders as required by Section 9.02) in their sole discretion.
Appears in 4 contracts
Sources: Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default or an Event of Default unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower specifying such Default or Event of Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default or an Event of Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.19.06) take such action hereunder with respect to such Default or Event of Default as shall be directed by the Required LendersBanks; provided that the Administrative Agent shall not be required to take any action that, in its opinion, could expose the Administrative Agent to liability or be contrary to any Loan Document or applicable law; provided further that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interest interests of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all LendersBanks.
Appears in 3 contracts
Sources: Revolving Credit Facility Agreement (Home Depot, Inc.), Revolving Credit Facility Agreement (Home Depot, Inc.), 364 Day Revolving Credit Facility Agreement (Home Depot, Inc.)
Defaults. The Administrative Neither Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the LendersLenders (or in the case of the Collateral Agent, notice to the Administrative Agent). The Administrative Each Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 3 contracts
Sources: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the any Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1SECTION 11.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that PROVIDED, THAT unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 3 contracts
Sources: Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)
Defaults. The Administrative No Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the an Administrative Agent has received a written notice from a Lender or the Borrower Company specifying such Default and stating that such notice is a “Notice of Default”. In the event that the an Administrative Agent receives such a notice of the occurrence of a Default, the such Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent Agents shall (subject to Section 10.110.1 and the Collateral Sharing Agreement) take such action with respect to such Default as shall be directed by the Required Lenders; provided that subject to the Collateral Sharing Agreement, unless and until the Administrative Agent Agents shall have received such directions, the Administrative Agent Agents may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 3 contracts
Sources: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 3 contracts
Sources: Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Southern Bottled Water Co Inc), Credit Agreement (Marvel Enterprises Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Borrowers specifying such Default and stating that such notice is a “Notice of Default”. .” In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.110.07) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Lenders or, if provided that herein, the Majority Lenders of a particular Class, provided that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders of a particular Class or all of the Lenders.
Appears in 3 contracts
Sources: Credit Agreement (Mediacom Broadband Corp), Credit Agreement (Mediacom Broadband Corp), Restatement Agreement (Mediacom Broadband Corp)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the any Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 3 contracts
Sources: Amendment No. 4 (Weight Watchers International Inc), Credit Agreement (Gutbusters Pty LTD), Credit Agreement (Weight Watchers International Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the any Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 3 contracts
Sources: Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default or Event of Default unless the Administrative Agent has received a written notice from a Lender Party or the Borrower specifying such Default or Event of Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default or Event of Default, the Administrative Agent shall give prompt notice thereof to the LendersLender Parties. The Administrative Agent shall (subject to Section 10.17.02) take such action with respect to such Default or Event of Default as shall reasonably be directed by the Required Lenders or, to the extent any action requires the consent of all Lenders as specifically provided in Section 8.01, then as directed by all Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all LendersLender Parties.
Appears in 3 contracts
Sources: Credit Agreement (Davita Inc), Credit Agreement (Davita Inc), Credit Agreement (Davita Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Borrowers specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Sabre Industries, Inc.)
Defaults. The Administrative No Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent it has received a written notice from a Lender Secured Party or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Energy Xxi (Bermuda) LTD), Second Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender Bank or the a Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.1SECTION 10.7 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Banks, provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Majority Banks or all Lendersof the Banks.
Appears in 2 contracts
Sources: Credit Agreement (American Century California Tax Free & Municipal Funds), Credit Agreement (American Century Target Maturities Trust)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 2 contracts
Sources: Credit Agreement (International Telecommunication Data Systems Inc), Credit Agreement (International Telecommunication Data Systems Inc)
Defaults. The Neither the Administrative Agent nor the Collateral Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent or the Collateral Agent, as applicable, has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent or the Collateral Agent receives such a notice of the occurrence of a Default, the Administrative Agent or the Collateral Agent, as applicable, shall give prompt notice thereof to the Lenders. The Administrative Agent and the Collateral Agent shall (subject to Section 10.18.2) take such action with respect to such Default as shall reasonably be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent or the Collateral Agent shall have received such directions, the Administrative Agent and the Collateral Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Hi-Crush Partners LP), Credit Agreement (Hi-Crush Partners LP)
Defaults. The Administrative Neither Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent it has received a written notice from a Lender Bank or the Borrower an Obligor specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative .” If either Agent receives such a notice of the occurrence of a Defaultnotice, the Administrative Agent then it shall give prompt notice thereof to the LendersBanks and the Borrowers (if such notice is received from a Bank). The Administrative Agent shall (subject to Section 10.112.7) take such action with respect to any such Default as shall be directed by the Required LendersMajority Banks; provided that unless and until the Administrative Agent shall have received such directions, the Administrative Agent it may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement the Credit Documents expressly requires require that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Majority Banks or all Lendersof the Banks.
Appears in 2 contracts
Sources: Senior Export and Working Capital Facility Agreement (Gerdau Ameristeel Corp), Senior Export and Working Capital Facility Agreement (Gerdau Ameristeel Corp)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Loan Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Ust Inc), Bridge Credit Agreement (Ust Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Borrowers specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Lenders or, if provided that herein, the Majority Lenders of a particular Class, provided that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders of a particular Class or all of the Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Mediacom Capital Corp), Credit Agreement (Mediacom Communications Corp)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of an Unmatured Default or a Default (other than the nonpayment of principal of or interest on the Loans) unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Unmatured Default or Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of an Unmatured Default or a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1SECTION 8.2) take such action hereunder with respect to such Unmatured Default or Default as shall be directed by the Required Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Unmatured Default or Default as it shall deem advisable in the best interest interests of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Houghton Mifflin Co), Credit Agreement (Houghton Mifflin Co)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a any Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying Borrower, referring to this Agreement, describing such Default and stating that such notice is a “"Notice of Default”". In the event that If the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be reasonably directed by the Required Lenders; provided provided, however, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except Lenders. Notwithstanding anything in the contrary contained herein, the order and manner in which the Lenders’ rights and remedies are to be exercised (including, without limitation, the extent that this Agreement expressly requires that such action enforcement by any Lender of its Note) shall be taken, or not be taken, only with the consent or upon the authorization of determined by the Required Lenders or all Lendersin their sole discretion.
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (Wild Oats Markets Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; provided that , PROVIDED that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Canadian Forest Oil LTD), Credit Agreement (State Auto Financial Corp)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Stillwater Mining Co /De/), Credit Agreement (Stillwater Mining Co /De/)
Defaults. The Administrative Neither Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative such Agent has received a written notice from a Lender Lender, the Company or the Borrower Motorola specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 2 contracts
Sources: Senior Guaranteed Credit Agreement (Iridium Facilities Corp), Credit Agreement (Iridium World Communications LTD)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default or Event of Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default or Event of Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.19.7 hereof) take such action with respect to such Default or Event of Default as shall be directed by the Required all Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of all of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Loan Agreement (Asset Investors Corp), Loan Agreement (First Union Real Estate Equity & Mortgage Investments)
Defaults. The Administrative Neither Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless (with respect to the Administrative Agent Agent, other than a failure to make a payment of principal of or interest on the Loans) unless it has received a written notice from a Lender or the Borrower an Obligor specifying such Default and stating that such notice is a “"Notice of Default”. In the event that the Administrative ." If either Agent receives such a notice of the occurrence of a Defaultnotice, the Administrative Agent then it shall give prompt notice thereof to the LendersLenders and the other Agent. The Administrative Each Agent shall (subject to Section 10.110.7) take such action with respect to any such Default as shall be directed by the Required Majority Lenders; provided that unless and until the Administrative an Agent shall have received such directions, the Administrative Agent it may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement the Loan Documents expressly requires require that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Votorantim Pulp & Paper Inc), Credit Agreement (Votorantim Pulp & Paper Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice -------- of the occurrence of a Default (other than the nonpayment of principal of or interest on the Loan) unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”. ." In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to Banks. Administrative Agent shall give each Bank prompt notice of each nonpayment of principal of or interest on the LendersLoan whether or not it has received any notice of the occurrence of such nonpayment. The Administrative Agent shall (subject to Section 10.1Article XII) take such action hereunder with respect to such Default as shall be directed by the Required Lenders; Banks, provided that that, unless and -------- until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest interests of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all LendersBanks.
Appears in 2 contracts
Sources: Syndicated Term Loan Agreement (Weeks Corp), Syndicated Term Loan Agreement (Weeks Realty L P)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default (other than payment Defaults) unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower Company specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default or becomes aware of a payment Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Banks, provided that that, unless and until the Administrative Agent shall have has received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all LendersBanks.
Appears in 2 contracts
Sources: Credit Agreement (Empire Resources Inc /New/), Credit Agreement (Empire Resources Inc /New/)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of all the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Xtant Medical Holdings, Inc.), Credit Agreement (Bacterin International Holdings, Inc.)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the any Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.)
Defaults. The Administrative Neither Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative such Agent has received a written notice from a Lender or the Borrower ▇▇▇▇-▇▇▇▇▇ specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative an Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)
Defaults. The Administrative Neither Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative such Agent has received a written notice from a Lender or the either Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative either Agent receives such a notice of the occurrence of a Default, the Administrative such Agent shall give prompt notice thereof to the Lenders. The Administrative Each Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative such Agent shall have received such directions, the Administrative such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders, as applicable.
Appears in 2 contracts
Sources: Credit Agreement (WRC Media Inc), Credit Agreement (WRC Media Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Lenders or all of the Lenders provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Clientlogic Corp), Credit Agreement (Clientlogic Corp)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender Bank or the a Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.110.7 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Banks, provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Majority Banks or all Lendersof the Banks.
Appears in 2 contracts
Sources: Credit Agreement (American Century Government Income Trust), Credit Agreement (American Century California Tax Free & Municipal Funds)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Banks, provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Majority Banks or all Lendersof the Banks.
Appears in 2 contracts
Sources: Credit Agreement (Pitney Bowes Inc /De/), Credit Agreement (Pitney Bowes Inc /De/)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default (other than a failure to make a payment of principal of or interest on the Loans) unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to any such Default as shall be directed by the Required Majority Lenders; provided , provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 2 contracts
Sources: Senior Bridge Loan Agreement, Senior Bridge Loan Agreement (Grupo Aval Acciones Y Valores S.A.)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the a Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Sterling Chemical Inc), Revolving Credit Agreement (Sterling Chemical Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default (other than a Default under Section 8.1.1) unless the Administrative Agent has received a written notice from a Lender or the Parent Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Lenders provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (United International Holdings Inc)
Defaults. The Administrative Agent shall not be deemed to have -------- knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received -------- such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed -------- to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall -------- have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Majority Lenders.
Appears in 1 contract
Sources: Credit Agreement (Premier Parks Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Potential Default or Event of Default unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower specifying such Potential Default or Event of Default and stating that such notice is a “"Notice of Default”. ." In the event that the Administrative Agent receives such a notice Notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Potential Default or Event of Default which is continuing as shall be directed by the Required LendersBanks; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Potential Default or Event of Default as it shall deem advisable in the best interest of the Secured Parties except Banks; and provided further that the Administrative Agent shall not be required to the extent that this Agreement expressly requires that take any such action which it determines to be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenderscontrary to Law.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower or any Subsidiary Guarantor specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent Credit Agreement 76 - 71 - may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Borrowers specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.110.07) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Lenders or, if provided that herein, the Majority Lenders of a particular Class, provided that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders of a particular Class or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default (other than payment Defaults) unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default or becomes aware of a payment Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Banks, provided that that, unless and until the Administrative Agent shall have has received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all LendersBanks.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have -------- knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, Default the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.1Sections 10.01 and 10.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Banks, provided that that, unless and until the Administrative Agent shall have -------- received such directions, the Administrative Agent may (but shall not be obligated to) take such action, action or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Majority Banks or all Lendersof the Banks.
Appears in 1 contract
Sources: Credit Agreement (Xl Capital LTD)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Majority Lenders.
Appears in 1 contract
Sources: Credit Agreement (Premier Parks Inc)
Defaults. The Administrative Neither Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative such Agent has received a written notice from a Lender or the Holdings or any Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative either Agent receives such a notice of the occurrence of a Default, the Administrative such Agent shall give prompt notice thereof to the Lenders. The Administrative Each Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided PROVIDED that unless and until the Administrative such Agent shall have received such directions, the Administrative such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders, as applicable.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default (other than a failure to make a payment of principal of or interest on the Loan) unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. .” In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.18.7 hereof) take such action with respect to any such Default as shall be directed by the Required Requisite Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Requisite Lenders or all of the Lenders.
Appears in 1 contract
Sources: Loan Agreement (Us Airways Inc)
Defaults. The Administrative Neither Agent or any Co-Collateral Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative such Agent or Co-Collateral Agent has received a written notice from a Lender or the Borrower ▇▇▇▇-▇▇▇▇▇ specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the LendersLenders and the Co-Collateral Agents. The Administrative Agent shall (subject to Section 10.110.1 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be -------- deemed to have knowledge or notice of the occurrence of a Default or Event of Default (other than an Event of Default under Section 6.01(a)) unless the Administrative Agent has received a written notice from a Lender Party or the Borrower specifying such Default or Event of Default and stating that such notice is a “Notice of Default”"NOTICE OF DEFAULT". In the event that the Administrative Agent receives such a notice of the occurrence of a Default or Event of Default, the Administrative Agent shall give prompt notice thereof to the LendersLender Parties. The Administrative Agent shall (subject to Section 10.17.02) take such action with respect to such Default or Event of Default as shall reasonably be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such 100 action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all LendersLender Parties.
Appears in 1 contract
Sources: Credit Agreement (Levi Strauss & Co)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has sent to the Borrowers or received a written notice from a Lender or the a Borrower a written notice specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1SECTION 11.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided PROVIDED, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Lender Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a any Lender or the either Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section SECTION 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided PROVIDED that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Sources: Credit Agreement (United Surgical Partners Holdings Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Credit Agreement 70 - 66 - Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Banks, provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Majority Banks or all Lendersof the Banks.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent it has received a written notice from a Lender Bank or the Borrower an Obligor specifying such Default and stating that such notice is a “Notice of Default”. In the event that .” If the Administrative Agent receives such a notice of the occurrence of a Defaultnotice, the Administrative Agent then it shall give prompt notice thereof to the LendersBanks and the Borrower (if such notice is received from a Bank). The Administrative Agent shall (subject to Section 10.111.7) take such action with respect to any such Default as shall be directed by the Required LendersMajority Banks; provided that unless and until the Administrative Agent shall have received such directions, the Administrative Agent it may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement the Credit Documents expressly requires require that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Majority Banks or all Lendersof the Banks.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the a Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1Sections 10.07 and 11.04 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to -------- have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall -------- have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Majority Lenders.
Appears in 1 contract
Sources: Credit Agreement (Premier Parks Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1Sections 10.07 and 11.04 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Parent specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Defaults. The Administrative No Agent or Issuer shall not be deemed to have knowledge or notice of the occurrence of a Default or Borrowing Base Deficiency unless the Administrative Agent it has received a written notice from a Lender Secured Party or the Borrower Borrowers specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Majority Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Borrowing Base Deficiency as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all Lenders.
Appears in 1 contract
Sources: First Lien Credit Agreement (Milagro Oil & Gas, Inc.)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default or Event of Default (other than the non-payment of principal of or interest on Loans or of Commitment Fees) unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default or Event of Default and stating that such notice is a “"Notice of Default”. ." In the event that the Administrative Agent receives such a notice of the occurrence of a Default or Event of Default, the Administrative Agent shall give prompt notice thereof to the LendersLenders (and shall give each Lender prompt notice of each such non-payment). The Administrative Agent shall (subject to Section 10.112.7 hereof) take such action with respect to such Default or Event of Default as shall be directed by the Required Lenders; Majority Lenders (unless the directions of or consent of all of the Lenders is required hereunder), provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default or Event of Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Borrowers specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default or Event of Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.19.7 hereof) take such action with respect to such Default or Event of Default as shall be directed by the Required Lenders; Lender, provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Holdings or any Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders, as applicable.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent it has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that .” If the Administrative Agent receives such a notice of the occurrence of a Defaultnotice, the Administrative Agent then it shall give prompt notice thereof to the LendersLenders and the Borrower (if such notice is received from a Lender). The Administrative Agent shall (subject to Section 10.19.7) take such action with respect to any such Default as shall be directed by the Required Majority Lenders; provided that unless and until the Administrative Agent shall have received such directions, the Administrative Agent it may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement the Credit Documents expressly requires require that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Sources: Backstop Loan Facility Agreement (Votorantim Cimentos S.A.)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice -------- of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that -------- that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Neither Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative such Agent has received a written notice from a Lender or the Holdings or any Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative either Agent receives such a notice of the occurrence of a Default, the Administrative such Agent shall give prompt notice thereof to the Lenders. The Administrative Each Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative such Agent shall have received such directions, the Administrative such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders, as applicable.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default (other than payment Defaults) unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower Company specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default or becomes aware of a payment Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Banks, provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all LendersBanks.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower Company specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.110.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Banks, provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Majority Banks or all Lendersof the Banks.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the any Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Sources: Amendment No. 5 (Weight Watchers International Inc)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Account Party specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Credit Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Defaults. The Administrative Agent Lender shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent Lender has received a written notice from a Lender or the Borrower specifying referring to this Agreement, describing such Default and expressly stating that such notice is a “Notice "notice of Default”default". In the event that the If Administrative Agent Lender receives such a notice of the occurrence of a Default, the Administrative Agent Lender shall promptly give prompt notice thereof to the Lenders. The Administrative Agent Lender thereupon shall (subject to Section 10.1) take such action with respect to such Default as shall be reasonably directed by the Required Majority Lenders; provided however, that unless and until the Administrative Agent Lender shall have received such directions, the Administrative Agent Lender may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest interests of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Defaults. The Administrative Agent None of the Agents shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative such Agent has received a written notice from a Lender or the Borrower Borrowers specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent Agents shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative an Agent shall have received such directions, the Administrative such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Sources: Credit Agreement (Aei)
Defaults. The Neither the Arrangers nor the Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent such Person has received a written notice from a Lender or the either Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that any of the Arrangers or the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent such Person shall give prompt notice thereof to the Lenders. The Each of the Arrangers and the Administrative Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent such Person shall have received such directions, the Administrative Agent such Person may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders, as applicable.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Parent specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; provided that , PROVIDED that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall Credit Agreement not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest interests of the Secured Parties except Lenders. The Administrative Agent shall deliver to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with Lenders a copy of any written declaration made pursuant to the consent or upon the authorization last paragraph of the Required Lenders or all LendersSection 10.01 hereof.
Appears in 1 contract
Defaults. The Administrative No Agent or Issuer shall not be deemed to have knowledge or notice of the occurrence of a Default or Borrowing Base Deficiency unless the Administrative Agent it has received a written notice from a Lender Secured Party or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.1Section10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default or Borrowing Base Deficiency as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Sources: First Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower or any Subsidiary Guarantor specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender Credit Agreement ---------------- 171 or the Borrower Parent specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; provided that , PROVIDED that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section SECTION 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided PROVIDED, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have -------- knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender Bank or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the LendersBanks. The Administrative Agent shall (subject to Section 10.1Sections 10.01 and 10.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Banks, provided that that, unless and until the Administrative Agent shall have -------- received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Banks except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Majority Banks or all Lendersof the Banks.
Appears in 1 contract
Sources: Credit Agreement (Xl Capital LTD)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower an Obligor specifying such Default and stating stating, that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; Majority Lenders provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower or any Subsidiary Guarantor specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07 hereof) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.. Credit Agreement
Appears in 1 contract
Sources: Credit Agreement (Thai Romo LTD)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Sources: Credit and Guarantee Agreement (Municipal Mortgage & Equity LLC)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent it has received a written notice from a Lender or the Borrower a Guarantor specifying such Default and stating that such notice is a “Notice of Default”. In the event that .” If the Administrative Agent receives such a notice of the occurrence of a Defaultnotice, the Administrative Agent then it shall give prompt notice thereof to the LendersLenders and the Guarantors (if such notice is received from a Lender). The Administrative Agent shall (subject to Section 10.18.7) take such action with respect to any such Default as shall be directed by the Required Majority Lenders; provided that unless and until the Administrative Agent shall have received such directions, the Administrative Agent it may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement the Credit Documents expressly requires require that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Sources: Backstop Loan Facility Agreement (Votorantim Cimentos S.A.)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower any Loan Party specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.18.07 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders Lenders, or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or Lender, the Borrower or a third party specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.07) take such action with respect to such Default as shall be directed by the Required Majority Lenders; , provided that that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Majority Lenders or all of the Lenders.
Appears in 1 contract
Defaults. The Administrative Agent Agents shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Royalty Sub specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Subject to the provisions of the Intercreditor Agreement, the Administrative Agent shall (subject to Section 10.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract
Defaults. The Administrative No Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower Company specifying such Default and stating that such notice is a “"Notice of Default”". In the event that the Administrative an Agent receives such a notice of the occurrence of a Default, the Administrative such Agent shall give prompt notice thereof to the other Agent and the Lenders. The Administrative Agent shall (subject to Section 10.1Sections 11.1 and 11.7 hereof) take such action with respect to such Default as shall be directed by the Required Lenders; provided that , PROVIDED that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) to take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties other Agent and the Lenders except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all of the Lenders.
Appears in 1 contract
Sources: Credit Agreement (Genzyme Corp)
Defaults. The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default unless the Administrative Agent has received a written notice from a Lender or the Borrower specifying such Default and stating that such notice is a “Notice of Default”. In the event that the Administrative Agent receives such a notice of the occurrence of a Default, the Administrative Agent shall give prompt notice thereof to the Lenders. The Administrative Agent shall (subject to Section 10.111.1) take such action with respect to such Default as shall be directed by the Required Lenders; provided provided, that unless and until the Administrative Agent shall have received such directions, the Administrative Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Default as it shall deem advisable in the best interest of the Secured Parties except to the extent that this Agreement expressly requires that such action be taken, or not be taken, only with the consent or upon the authorization of the Required Lenders or all Lenders.
Appears in 1 contract