Action by Collateral Agent. The Collateral Agent shall not have any duties or obligations except those expressly set forth herein and the other Credit Documents. Without limiting the generality of the foregoing, (a) the Collateral Agent shall not be subject to any fiduciary or other implied duties, regardless of whether a Default has occurred and is continuing, (b) the Collateral Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated hereby that the Collateral Agent is required to exercise in writing as directed by the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 7.1), and (c) except as expressly set forth herein, the Collateral Agent shall not have any duty to disclose, and shall not be liable for the failure to disclose, any information relating to the Pledgors, the Borrower or any of its subsidiaries that is communicated to or obtained by the bank serving as Collateral Agent or any of its Affiliates in any capacity. The Collateral Agent shall not be liable for any action taken or not taken by it with the consent or at the request of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 7.1) or otherwise, in the absence of its own gross negligence or willful misconduct. The Collateral Agent shall be deemed not to have knowledge of any Default unless and until written notice thereof is given to the Collateral Agent by the Borrower, any Administrative Agent or a Lender, and the Collateral Agent shall not be responsible for or have any duty to ascertain or inquire into (i) any statement, warranty or representation made in or in connection with this Agreement or any other Credit Document, (ii) the contents of any certificate, report or other document delivered under or in connection with this Agreement or any other Credit Document, (iii) the performance or observance of any of the covenants, agreements or other terms or conditions set forth herein or in any other Credit Document, (iv) the validity, enforceability, effectiveness or genuineness of this Agreement, the other Credit Documents or any other agreement, instrument or document, or (v) the satisfaction of any condition set forth in any other Credit Document, other than to confirm receipt of items expressly required to be delivered to the Collateral...
Action by Collateral Agent. Absent written instructions from the Required Holders at a time when an Event of Default shall have occurred and be continuing, the Collateral Agent shall have no obligation to take any actions under the Security Documents.
Action by Collateral Agent. The obligations of the Collateral Agent hereunder and under the Security Documents are only those expressly set forth herein and therein. Notwithstanding anything contained herein or in any Financing Document to the contrary, the Collateral Agent shall not be required to take any action with respect to any Default or Event of Default, except as expressly provided herein.
Action by Collateral Agent. (a) All actions, rights and remedies of Secured Parties hereunder may be exercised by the Collateral Agent, acting on behalf of all Secured Parties, and such action and exercise of rights and remedies shall be effective as if exercised pursuant to the written consent or direction of those Secured Parties holding not less than 75% in dollar amount of the outstanding Payment Obligations under the Series F Senior Preferred Stock (the “Required Direction”). Absent such Required Direction, the Collateral Agent shall take no action and exercise no rights or remedies of the Secured Parties under this Agreement, other than in respect of executing any Subordination Agreements contemplated by Section 2(b) above. Similarly, consent to any request by the Debtors (whether to modification of this Agreement, or any agreement executed in connection herewith) shall require consent of only the Secured Parties holding not less than 75% in dollar amount of the outstanding Payment Obligations under the Notes and Series F Senior Preferred Stock, and such consent shall be effective as if exercised by pursuant to the unanimous consent of all Secured Parties.
Action by Collateral Agent. Except as expressly set forth in this Section 2.12, Collateral Agent shall not be responsible for the value, form, validity, priority, enforceability or effectiveness of any interest of the Note Holders in the Collateral, provided, however, Collateral Agent shall (i) maintain and protect all certificated securities in its possession that are held as Collateral and (ii) file all UCC Financing Statements, UCC Amendments, UCC Continuation Statements and related documents as they become necessary to maintain and protect Collateral Agent's and the Note Holders' security interest in the Collateral, as applicable, due to certain changes in the status of the Company, including but not limited to (A) a change in the Company's legal name, (B) a change in the Company's chief executive office, (C) a change in the location of any the Collateral or (D) the addition of new classes of Collateral, provided, further, that Collateral Agent shall have no affirmative obligation to ascertain the necessity to file any such UCC Amendment or UCC Financing Statement.
Action by Collateral Agent. 43 Section 8.3
Action by Collateral Agent. Notwithstanding any provisions to the contrary in this Agreement, if any transfer, withdrawal, deposit or payment of any funds by the Collateral Agent, or any other action to be taken by the Collateral Agent, under this Agreement is to be made or taken on a day which is not a Business Day, such transfer, withdrawal, deposit, payment or other action shall be made or taken on the next succeeding Business Day.
Action by Collateral Agent. Any right or remedy granted the Pledgee hereunder may (at the Pledgee’s direction) be exercised on the Pledgee’s behalf by the Collateral Agent as fully as if such right were exercised by the Pledgee directly.
Action by Collateral Agent. 30 SECTION 9.04. Consultation with Experts.................. 30 SECTION 9.05.
Action by Collateral Agent. The Lenders and the Collateral Agent agree that, until the Term Loans shall have been paid in full, the Collateral Agent shall not take any action towards the collection of any or all of the Term Loans, the foreclosure of any security interest securing the Term Loan, or enforcement of any rights, powers or remedies under the Term Loans (collectively "Collection Actions") other than in accordance with the terms of this Agreement. Prior to taking any Collection Action the Collateral Agent shall give notice, via overnight mail by a nationally recognized overnight carrier, or via certified mail return receipt requested, to each of the other Lenders. Each such notice shall be marked with the following legend on the outside of the envelope and at the top of such notice:
