Common use of Instructions to Agent Clause in Contracts

Instructions to Agent. The Agent: (a) must exercise its Powers in accordance with any instructions given to it by the Financiers or, if specifically required to do so under a Transaction Document, all Financiers; (b) must not amend or waive any provision of a Transaction Document which has the effect of: (1) increasing the obligations of any Financier; (2) changing the terms of payment of any amounts payable under the Transaction Documents; (3) changing the manner in which those payments are to be applied; or (4) increasing the Commitment, without the consent of all of the Financiers; (c) must not amend or waive any other provision of any Transaction Document without the consent of all the Financiers unless the Agent is satisfied that the amendment is made to correct a manifest error or an error of a formal or technical nature only; (d) must not otherwise exercise any Power which the Transaction Documents specify are to be exercised with the consent or in accordance with the instructions of all the Financiers or amend any such requirement, except with that consent or in accordance with those instructions; and (e) may refrain from acting, whether in accordance with the instructions of all the Financiers or otherwise, until it has received security for any amount it reasonably believes may become payable to it by the Financiers under clause 18.11.

Appears in 1 contract

Sources: Bridge Facility Agreement (Apollo Gold Corp)

Instructions to Agent. The Agent: (a) must exercise its Powers in accordance with any instructions given to it by the Financiers Majority Lenders or, if specifically required to do so under a Transaction Finance Document, all FinanciersLenders; (b) must not amend or waive any provision of a Transaction Finance Document which has the effect of: (1) increasing the obligations of any Financier;Lender; or (2) changing the terms of payment of any amounts payable under the Transaction Finance Documents;; or (3) changing the manner in which those payments are to be applied; or (4) increasing the Commitment, without the consent of all of the FinanciersLenders; (c) must not amend or waive any other provision of any Transaction Finance Document without the consent of all the Financiers Majority Lenders unless the Agent is satisfied that the amendment is made to correct a manifest error or an error of a formal or technical nature only; (d) must not otherwise exercise any Power which the Transaction Finance Documents specify are to be exercised with the consent or in accordance with the instructions of all the Financiers Majority Lenders or some other number of Lenders, or amend any such requirement, except with that consent or in accordance with those instructions; and (e) may refrain from acting, whether in accordance with the instructions of all the Financiers Lenders or otherwise, until it has received security for any amount it reasonably believes may become payable to it by the Financiers Lenders under clause 18.11.

Appears in 1 contract

Sources: Term Facility Agreement (Paringa Resources LTD)

Instructions to Agent. The Agent: (a) must exercise its Powers in accordance with any instructions given to it by the Financiers or, if specifically required to do so under a Transaction Document, all Majority Financiers; (b) must not amend or waive any provision of a Transaction Document which has the effect of: (1) increasing the obligations of any Financier; (2) changing the terms of payment of any amounts payable under the Transaction Documents; (3) changing the manner in which those payments are to be applied; or; (4) increasing the Commitment; or (5) changing the definition of Majority Financiers, without the consent of all of the Financiers; (c) must not amend or waive any other provision of any Transaction Document without the consent of all the Financiers unless the Agent is satisfied that the amendment is made to correct a manifest error or an error of a formal or technical nature only; (d) must not otherwise exercise any Power which the Transaction Documents specify are to be exercised with the consent or in accordance with the instructions of the Majority Financiers or all Financiers (as the Financiers case may be) or amend any such requirement, except with that consent or in accordance with those instructions; and (e) may refrain from acting, whether in accordance with the instructions of all the Financiers or otherwise, until it has received security for any amount it reasonably believes may become payable to it by the Financiers under clause 18.11.

Appears in 1 contract

Sources: Project Facility Agreement (Apollo Gold Corp)

Instructions to Agent. The Agent: (a) must exercise its Powers in accordance with any instructions given to it by the Financiers Majority Lenders or, if specifically required to do so under a Transaction Finance Document, all FinanciersLenders; (b) must not amend or waive any provision of a Transaction Finance Document which has the effect of: (1) increasing the obligations of any Financier;Lender; or (2) changing the terms of payment of any amounts payable under the Transaction Finance Documents;; or (3) changing the manner in which those payments are to be applied; or (4) increasing the Commitment, without the consent of all of the FinanciersLenders; (c) must not amend or waive any other provision of any Transaction Finance Document without the consent of all the Financiers Majority Lenders unless the Agent is satisfied that the amendment is made to correct a manifest error or an error of a formal or technical nature only;; or (d) must not otherwise exercise any Power which the Transaction Finance Documents specify are to be exercised with the consent or in accordance with the instructions of all the Financiers Majority Lenders or some other number of Lenders, or amend any such requirement, except with that consent or in accordance with those instructions; and (e) may refrain from acting, whether in accordance with the instructions of all the Financiers Lenders or otherwise, until it has received security for any amount it reasonably believes may become payable to it by the Financiers Lenders under clause 18.11.

Appears in 1 contract

Sources: Project Facility Agreement (Paringa Resources LTD)