Common use of Discretion to Act Clause in Contracts

Discretion to Act. Except for any obligation expressly set forth in this Agreement or any of the other Financing Agreements the Agent may, but shall not be required to, exercise its discretion to act or not act, except that, subject to the Agent's right to indemnity if requested by the Agent pursuant to Section 11.5, the Agent shall be required to act or not act upon the instructions of all of the Lenders and those instructions shall be binding upon Agent, provided that Agent shall not be required to act or not act if to do so would expose Agent to liability, would be inconsistent with the Agent's practice in similar situations when acting solely for its own account, or would be contrary to this Agreement, any of the other Financing Agreements or to applicable law.

Discretion to Act. Except for any obligation expressly set forth ----------------- in this Agreement or any of the other Financing Agreements the Agent may, but shall not be required to, exercise its discretion to act or not act, except that, subject to the Agent's right to indemnity if requested by the Agent pursuant to Section 11.5, the Agent ------------ shall be required to act or not act upon the instructions of all of the Lenders and those instructions shall be binding upon Agent, provided that Agent shall not be required to act or not act if to do so -------- would expose Agent to liability, would be inconsistent with the Agent's practice in similar situations when acting solely for its own account, or would be contrary to this Agreement, any of the other Financing Agreements or to applicable law.