Common use of Agent’s Discretion Clause in Contracts

Agent’s Discretion. Agent (acting at the direction of the Required Lenders) shall have the right to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify, which procedures, timing and methodologies to employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder as against the Loan Parties or each other.

Appears in 5 contracts

Samples: Term Loan Credit and Security Agreement (Quantum Corp /De/), Term Loan Credit and Security Agreement (Quantum Corp /De/), Security Agreement (Quantum Corp /De/)

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Agent’s Discretion. Agent (acting at Subject to the direction rights of the Required Lenders) Lenders under this Agreement and the Other Documents, Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify, which procedures, timing and methodologies modify or to employ, and what take any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder as against the Loan Parties or each otherhereunder.

Appears in 3 contracts

Samples: Security Agreement (Phosphate Holdings, Inc.), Security Agreement (Apac Customer Service Inc), Security Agreement (P&f Industries Inc)

Agent’s Discretion. Agent (acting at the direction of the Required Lenders) shall have the right to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify, which procedures, timing and methodologies to employ, and what any other action to take with respect to any or all of the Collateral collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder as against the Loan Parties or each other.

Appears in 3 contracts

Samples: Security Agreement (Babcock & Wilcox Enterprises, Inc.), Guaranty and Security Agreement (Dasan Zhone Solutions Inc), Guaranty and Security Agreement (Dasan Zhone Solutions Inc)

Agent’s Discretion. Agent (acting at the direction of the and Required Lenders) Lenders shall have the right in their sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify, which procedures, timing and methodologies to employ, and what or to take any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ any Lender’s rights hereunder as against the Loan Parties or each otherhereunder.

Appears in 1 contract

Samples: Credit and Security Agreement (Sachem Capital Corp.)

Agent’s Discretion. Agent (acting at with the direction consent of the Required LendersLenders or all Lenders to the extent required by Section 15.2(b)) shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify, which procedures, timing and methodologies modify or to employ, and what take any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder as against the Loan Parties or each otherhereunder.

Appears in 1 contract

Samples: Financing Agreement (Cpac Inc)

Agent’s Discretion. Subject to the terms of Section 16.2, Agent (acting at the direction of the Required Lenders) shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify, which procedures, timing and methodologies to employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder as against the Loan Credit Parties or each other.

Appears in 1 contract

Samples: Credit and Security Agreement (Ferroglobe PLC)

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Agent’s Discretion. Agent (acting at the direction of the Required Lenders) shall have the right to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify, which procedures, timing and methodologies to employ, and what any other action to take with respect to any or all of the Collateral collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder as against the Loan Parties or each other. 11.3.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)

Agent’s Discretion. Agent (acting at the direction of the Required Lenders) shall have the right to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify, which procedures, timing and methodologies to employ, and what any other action to take with respect to any or all of the Collateral collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or LendersCash Collateral Providers’ rights hereunder as against the Loan Parties or each other.

Appears in 1 contract

Samples: And (Babcock & Wilcox Enterprises, Inc.)

Agent’s Discretion. Agent (acting at Subject to the direction rights of the Required Lenders) Lenders under this Agreement and the Other Documents, Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify, which procedures, timing and methodologies to employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder as against the Loan Parties or each other.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Daseke, Inc.)

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