Common use of Not in Control Clause in Contracts

Not in Control. Nothing in any Credit Documents gives or may be deemed to give to the Administrative Agent or any Lender the Right to exercise control over any Company's Real Property, other assets, affairs or management or to preclude or interfere with any Company's compliance with any Legal Requirement or require any act or omission by any Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality or substantiality qualifier of any representation, warranty, covenant, agreement or other provision of any Credit Document is included for credit documentation purposes only and does not imply or be deemed to mean that the Administrative Agent or any Lender acquiesces in any non-compliance by any Company with any Legal Requirement, document, or otherwise or does not expect the Companies to promptly, diligently and continuously carry out all appropriate removal, remediation, compliance, closure or other activities required or appropriate in accordance with all Environmental Laws. The Administrative Agent's and the Lenders' power is limited to the Rights provided in the Credit Documents. All of those Rights exist solely (and may be exercised in manner calculated by the Administrative Agent or the Lenders in their respective good faith business judgment) to assure payment and performance of the Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Teppco Partners Lp), Credit Agreement (Teppco Partners Lp), Credit Agreement (Teppco Partners Lp)

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Not in Control. Nothing in any Credit Loan Documents gives or may be deemed to give to the Administrative Agent or any Lender the Right to exercise control over any Company's ’s Real PropertyProperty (including, without limitation, the Leases and the Mineral Interests), other assets, affairs affairs, or management or to preclude or interfere with any Company's ’s compliance with any Legal Requirement Law or require any act or omission by any Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality or substantiality qualifier of any representation, warranty, covenant, agreement agreement, or other provision of any Credit Loan Document is included for credit documentation purposes only and does not imply or be deemed to mean that the Administrative Agent or any Lender acquiesces in any non-compliance by any Company with any Legal RequirementLaw, document, or otherwise or does not expect the Companies to promptly, diligently diligently, and continuously carry out all appropriate removal, remediation, compliance, closure closure, or other activities required or appropriate in accordance with all Environmental Laws. The Administrative Agent's ’s and the Lenders' power is limited to the Rights provided in the Credit Loan Documents. All of those Rights exist solely (and may be exercised in manner calculated by the Administrative Agent or the Lenders in their respective good faith business judgment) judgment — to preserve and protect the Collateral and to assure payment and performance of the ObligationsObligation.

Appears in 3 contracts

Samples: Term Loan Agreement (Goodrich Petroleum Corp), Credit Agreement (Goodrich Petroleum Corp), Credit Agreement (Goodrich Petroleum Corp)

Not in Control. Nothing in any Credit Documents Document gives or may be deemed to give to the Administrative Agent or any Lender the Right to exercise control over any Company's ’s Real Property, other assets, affairs or management or to preclude or interfere with any Company's ’s compliance with any Legal Governmental Requirement or require any act or omission by any Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality or substantiality qualifier of any representation, warranty, covenant, agreement or other provision of any Credit Document is included for credit documentation purposes only and does not imply or and should not be deemed to mean that the Administrative Agent or any Lender acquiesces in any non-non compliance by any Company with any Legal applicable Governmental Requirement, document, or otherwise or does not expect the Companies to promptly, diligently and continuously carry out all appropriate removal, remediation, compliance, closure or other activities required or appropriate in accordance with all Environmental Laws. The Administrative Agent's ’s and the Lenders' power is limited to the Rights provided in in, or referred to by, the Credit Documents. All of those Rights exist solely (and may be exercised in manner calculated by the Administrative Agent or the Lenders in their respective good faith business judgment) to assure payment and performance of the ObligationsObligation in accordance with the terms of the Credit Documents, and may be exercised in a manner determined to be appropriate by Administrative Agent or Lenders in their sole business judgment.

Appears in 3 contracts

Samples: Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx)

Not in Control. Nothing in any Credit Documents gives or may be deemed to give to the Administrative Agent or any Lender the Right to exercise control over any Company's Real Property, other assets, affairs affairs, or management or to preclude or interfere with any Company's compliance with any Legal Requirement or require any act or omission by any Company that may be harmful to Persons or property. Any "Material Material-Adverse Event" or other materiality or substantiality qualifier of any representation, warranty, covenant, agreement agreement, or other provision of any Credit Document is included for credit documentation purposes only and does not imply or be deemed to mean that the Administrative Agent or any Lender acquiesces in any non-compliance by any Company with any Legal Requirement, document, or otherwise or does not expect the Companies to promptly, diligently diligently, and continuously carry out all appropriate removal, remediation, compliance, closure closure, or other activities required or appropriate in accordance with all Environmental Laws. The Administrative Agent's and the Lenders' power is limited to the Rights provided in the Credit Documents. All of those Rights exist solely (and may be exercised in manner calculated by the Administrative Agent or the Lenders in their respective good faith business judgment) to assure payment and performance of the ObligationsObligation.

Appears in 2 contracts

Samples: Credit Agreement (Teppco Partners Lp), Credit Agreement (Teppco Partners Lp)

Not in Control. Nothing in any Credit Documents Document gives or may be deemed to give to the Administrative Agent or any Lender the Right to exercise control over any Company's Real Property, other assets, affairs or management or to preclude or interfere with any Company's compliance with any Legal Governmental Requirement or require any act or omission by any Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality or substantiality qualifier of any representation, warranty, covenant, agreement or other provision of any Credit Document is included for credit documentation purposes only and does not imply or and should not be deemed to mean that the Administrative Agent or any Lender acquiesces in any non-compliance by any Company with any Legal applicable Governmental Requirement, document, or otherwise or does not expect the Companies to promptly, diligently and continuously carry out all appropriate removal, remediation, compliance, closure or other activities required or appropriate in accordance with all Environmental Laws. The Administrative Agent's and the Lenders' power is limited to the Rights provided in in, or referred to by, the Credit Documents. All of those Rights exist solely (to preserve and may be exercised in manner calculated by protect the Administrative Agent or the Lenders in their respective good faith business judgment) collateral and to assure payment and performance of the Obligations.Obligation in

Appears in 1 contract

Samples: Credit Agreement (PMC Capital Inc)

Not in Control. Nothing in any Credit Loan Documents gives or may be deemed to give to the Administrative Agent or any Lender the Right to exercise control over any Company's Real PropertyProperty (including, without limitation, the Leases and the Mineral Interests), other assets, affairs affairs, or management or to preclude or interfere with any Company's compliance with any Legal Requirement Law or require any act or omission by any Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality or substantiality qualifier of any representation, warranty, covenant, agreement agreement, or other provision of any Credit Loan Document is included for credit documentation purposes only and does not imply or be deemed to mean that the Administrative Agent or any Lender acquiesces in any non-compliance by any Company with any Legal RequirementLaw, document, or otherwise or does not expect the Companies to promptly, diligently diligently, and continuously carry out all appropriate removal, remediation, compliance, closure closure, or other activities required or appropriate in accordance with all Environmental Laws. The Administrative Agent's and the Lenders' power is limited to the Rights provided in the Credit Loan Documents. All of those Rights exist solely (-- and may be exercised in manner calculated by the Administrative Agent or the Lenders in their respective good faith business judgment) judgment - to preserve and protect the Collateral and to assure payment and performance of the ObligationsObligation.

Appears in 1 contract

Samples: Credit Agreement (Goodrich Petroleum Corp)

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Not in Control. Nothing in any Credit Loan Documents gives or may be deemed to give to the Administrative Agent or any Lender the Right to exercise control over any Company's ’s Real PropertyProperty (including, without limitation, the Leases and the Mineral Interests), other assets, affairs affairs, or management or to preclude or interfere with any Company's ’s compliance with any Legal Requirement Law or require any act or omission by any Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality or substantiality qualifier of any representation, warranty, covenant, agreement agreement, or other provision of any Credit Loan Document is included for credit documentation purposes only and does not imply or be deemed to mean that the Administrative Agent or any Lender acquiesces in any non-compliance by any Company with any Legal RequirementLaw, document, or otherwise or does not expect the Companies to promptly, diligently diligently, and continuously carry out all appropriate removal, remediation, compliance, closure closure, or other activities required or appropriate in accordance with all Environmental Laws. The Administrative Agent's ’s and the Lenders' power is limited to the Rights provided in the Credit Loan Documents. All of those Rights exist solely (and may be exercised in manner calculated by the Administrative Agent or the Lenders in their respective good faith business judgment) judgment — to preserve and protect the Collateral and to assure payment and performance of the ObligationsObligation.

Appears in 1 contract

Samples: Credit Agreement (Goodrich Petroleum Corp)

Not in Control. Nothing in any Credit Documents gives or may be deemed to give to the Administrative Agent or any Lender the Right to exercise control over any Company's ’s Real Property, other assets, affairs or management or to preclude or interfere with any Company's ’s compliance with any Legal Requirement or require any act or omission by any Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality or substantiality qualifier of any representation, warranty, covenant, agreement or other provision of any Credit Document is included for credit documentation purposes only and does not imply or be deemed to mean that the Administrative Agent or any Lender acquiesces in any non-compliance by any Company with any Legal Requirement, document, or otherwise or does not expect the Companies to promptly, diligently and continuously carry out all appropriate removal, remediation, compliance, closure or other activities required or appropriate in accordance with all Environmental Laws. The Administrative Agent's ’s and the Lenders' power is limited to the Rights provided in the Credit Documents. All of those Rights exist solely (and may be exercised in manner calculated by the Administrative Agent or the Lenders in their respective good faith business judgment) to assure payment and performance of the Obligations.

Appears in 1 contract

Samples: Term Credit Agreement (Teppco Partners Lp)

Not in Control. Nothing in any Credit Documents gives or may be deemed to give to the Administrative Agent or any Lender the Right to exercise control over any Company's Real Propertyreal property, other assets, affairs affairs, or management or to preclude or interfere with any Company's compliance with any Legal Requirement or require any act or omission by any Company that may be harmful to Persons or property. Any "Material Material-Adverse Event" or other materiality or substantiality qualifier of any representation, warranty, covenant, agreement agreement, or other provision of any Credit Document is included for credit documentation purposes only and does not imply or be deemed to mean that the Administrative Agent or any Lender acquiesces in any non-compliance by any Company with any Legal Requirement, document, or otherwise or does not expect the Companies to promptly, diligently diligently, and continuously carry out all appropriate removal, remediation, compliance, closure closure, or other activities required or appropriate in accordance with all Environmental LawsRequirements. The Administrative Agent's and the Lenders' power is limited to the Rights provided in the Credit Documents. All of those Rights exist solely (and may be exercised in a manner calculated by the Administrative Agent or the Lenders in their respective good faith business judgment) to assure payment and performance of the ObligationsObligation.

Appears in 1 contract

Samples: Credit Agreement (Pier 1 Imports Inc/De)

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