Common use of MISCELLANEOUS ACTIONS Clause in Contracts

MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Lender independently may exercise any right of action or enforcement against or with respect to any Loan Party. (b) Each Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Lender unless that Agent shall first (i) receive such clear, unambiguous, written instructions as that Agent deems appropriate; and (ii) be indemnified to that Agent's satisfaction by the Lenders against any and all liability and expense which may be incurred by that Agent by reason of taking or continuing to take any such action, unless such action had been grossly negligent, in willful misconduct, or in bad faith.

Appears in 1 contract

Sources: Loan and Security Agreement (Designs Inc)

MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Lender independently may shall exercise any right of action or enforcement against or with respect to any Loan Partythe Borrowers. (b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any other Loan Document on behalf of any Lender unless that the Agent shall first first (i) receive Receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and (ii) be Be indemnified to that the Agent's satisfaction by the Lenders against any and all liability and expense which may be incurred by that the Agent by reason of taking or continuing to take any such action, unless such action had been grossly negligent, in willful misconduct, or in bad faithfaith or shall constitute willful misconduct.

Appears in 1 contract

Sources: Loan and Security Agreement (Lechters Inc)

MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Lender independently may exercise any right of action or enforcement against or with respect to any Loan PartyBorrower. (b) Each Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Lender unless that such Agent shall first: (i) receive such clear, unambiguous, written instructions as that such Agent deems appropriate; and (ii) be indemnified to that such Agent's satisfaction by the Lenders against any and all liability and expense which may be incurred by that such Agent by reason of taking or continuing to take any such action, unless such action had been grossly negligent, in willful misconduct, or in bad faith.

Appears in 1 contract

Sources: Loan and Security Agreement (Jacobson Stores Inc)