Failure to Consent. If Borrower shall seek the approval by or consent of Lender hereunder or under the Note, or any of the other Loan Documents, and Lender shall fail or refuse to give such consent or approval, then Borrower shall not be entitled to any damages for any withholding or delay of such approval or consent by Lender, it being intended that Borrower’s sole remedy shall be to bring an action for an injunction or specific performance.
Failure to Consent. If any Bank shall fail to consent to any amendment, modification or waiver described in Section 13.1 (any such Bank being hereinafter referred to as a "Nonconsenting Bank") then in such case, Guarantor (on behalf of the Borrowers) may, upon at least five (5) Business Days' written notice to the Administrative Agent and such Nonconsenting Bank, designate a substitute lender (a "Substitute Bank") acceptable to the Administrative Agent in its sole discretion, to which such Nonconsenting Bank shall assign all (but not less than all) of its rights and obligations under the Loans and Commitment hereunder. Upon any assignment by any Bank pursuant to this Section 13.2 becoming effective, the Substitute Bank shall thereupon be deemed to be a "Bank" for all purposes of this Agreement and the assigning Bank shall thereupon cease to be a "Bank" for all purposes of this Agreement and shall have no further rights or obligations hereunder (other than pursuant to Sections 5.1, 5.2, 5.5, 11.5 and 13.4, and Sections 7.1 and 7.2 of the Restated Guaranty while such Non-Consenting Bank was a Bank); provided, that all Liabilities (except Liabilities which by the terms hereof survive the payment in full of the Loans and termination of this Agreement) due and payable to the Nonconsenting Bank shall be paid in full as of the date of such assignment. Notwithstanding the foregoing, in the event that in connection with any amendment, modification or waiver more than one Bank is a Nonconsenting Bank, the Borrowers may not require one Bank to assign its rights and obligations to a Substitute Bank unless all Nonconsenting Banks are required to make such an assignment. Notwithstanding any Nonconsenting Bank's failure or refusal to assign its rights, obligations, Loans and Commitment under this Section 13.2, the Nonconsenting Bank shall cease to be a "Bank" for all purposes of this Agreement and the Substitute Bank substituted therefor upon payment to the Nonconsenting Bank by the Substitute Bank of all amounts set forth in this Section 13.2 without any further action of the Nonconsenting Bank.
Failure to Consent. If Borrower shall seek the approval by or consent of Lender hereunder or under the Note, or any of the other Loan Documents and Lender shall fail or refuse to give such consent or approval, then Borrower shall not be entitled to any damages for any withholding or delay of such approval or consent by Lender, it being intended that Borrower’s sole remedy shall be to bring an action for an injunction or specific performance, which remedy for injunction or specific performance shall be available only in those cases where Lender has expressly agreed hereunder or under any of the other Loan Documents not to unreasonably withhold or delay its consent or approval.
Failure to Consent. Except in a xxxxx of- fense case, the magistrate judge must order a defendant who does not consent to trial be- fore a magistrate judge to appear before a district judge for further proceedings.
Failure to Consent. If the Borrower shall seek the approval by or consent of the Agent or the Lenders hereunder or under the Note, or any of the other Loan Documents and the Agent or the Lenders shall fail or refuse to give such consent or approval, the Borrower shall not be entitled to any damages for any withholding or delay of such approval or consent by the Agent or the Lenders, it being intended that the Borrower's sole remedy shall be to bring an action for an injunction or specific performance which remedy for injunction or specific performance shall be available only in those cases where the Agent has expressly agreed hereunder or under the Note or under any of the other Loan Documents not to unreasonably withhold or delay its consent or approval.
Failure to Consent. If a Request is made by the AMB Agent for multiple Term Borrowers in accordance with Clause 7.4 and the Facility Agent’s written consent has not been obtained prior to the date of such Request in accordance with Clause 7.5, the relevant Request shall be invalid and the Facility Agent shall be under no obligation to make the Term Loan.
Failure to Consent. If the Individual or Beneficiary does not consent to an appointment of a successor trustee, a change in the Trustee's compensation, or an amendment to this Agreement made or agreed to by MFS Fund Distributors, Inc., this Agreement shall be deemed amended by the Individual or Beneficiary, with the result that MFS Fund Distributors, Inc. shall cease to be the sponsor of this Agreement and there will be no further reliance on the opinion letter issued by the Internal Revenue Service to MFS Fund Distributors, Inc. Further, the Trustee shall notify the Individual or Beneficiary as soon as possible following such objection of its resignation as trustee of this Roth IRA Account as of the thirtieth day following the date ox xxxx xotice. If within thirty (30) days from the date of such notice the Individual or Beneficiary fails to appoint a new trustee or take other appropriate action with respect to the Roth IRA Account, the Individual or Beneficiary directs the Txxxxxx xo distribute all assets held under the Roth IRA Account in a lump sum as soon as administratively rexxxxxxxx after the close of said thirty day period.
Failure to Consent. The Responsible Person expressly agrees that he or she is deemed to consent to an appointment of a successor trustee, a change in the Trustee’s compensation, or an amendment to this Agreement made or agreed to by MFS Fund Distributors, Inc. if he or she fails to object thereto within 30 days from the date such notice of any change is transmitted to the Responsible Person. If the Responsible Person objects to any such change, then this Agreement shall be deemed amended by the Responsible Person, with the result that MFS Fund Distributors, Inc. shall cease to be the sponsor of this Agreement and there will be no further reliance on the opinion letter issued by the Internal Revenue Service to MFS Fund Distributors, Inc. Further, the Trustee shall notify the Responsible Person as soon as possible following such objection of its resignation as Trustee of this Education Account as of the thirtieth day following the date of such notice. If within thirty (30) days from the date of such notice, the Responsible Person fails to appoint a new Trustee or take other appropriate action with respect to the Education Account, the Responsible Person does now irrevocably and forever direct the Trustee to distribute all assets held under the Education Account in a lump sum as soon as administratively reasonable after the close of said thirty-day period.
Failure to Consent. Except as otherwise provided by the Loan Agreement, if Mortgagor shall seek the approval by, or the consent of, Mortgagee hereunder or under the Loan Agreement or any other Loan Document, and Mortgagee shall fail or refuse to give such consent or approval, Mortgagor shall not be entitled to any damages for any withholding or delay of such consent by Mortgagee, it being intended that Mortgagor's sole remedy shall be to bring an action for an injunction or specific performance, which remedy of an injunction or specific performance shall be available only in those cases in which Mortgagee has expressly agreed hereunder or under the Loan Agreement or any other Loan Documents not to unreasonably withhold or delay its consent or approval. Unless otherwise provided herein or in the Loan Agreement or any other Loan Document, Mortgagee shall have the right to refuse to grant its consent, approval or acceptance or to indicate its satisfaction whenever such consent, approval, acceptance or satisfaction shall be required under the Loan Agreement or any of the Loan Documents.
Failure to Consent. For the purposes of subsections 15.2(h) and 15.2(i), You fail to deliver to ICBC the consent as may be necessary for ICBC to obtain and review information about You or a Bidder for whom You are responsible within thirty (30) days of ICBC's request for such consent, or You fail to promptly provide relevant information reasonably requested by ICBC. For certainty, You shall be solely responsible for obtaining and delivering to ICBC the consent of Bidders for whom You are responsible.
