Common use of Exercise of Powers Clause in Contracts

Exercise of Powers. The Agent shall take any action of the type specified in this Agreement or any other Transaction Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Banks (or, to the extent this Agreement or such Transaction Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Document expressly requires the direction or consent of the Required Banks (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Banks. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Banks (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Banks (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Exercise of Powers. The Agent shall take any action of the type specified in this Agreement or any other Transaction Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Banks Lenders (or, to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of the Required Banks Lenders (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the BanksLender Parties. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Banks Lenders (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Banks Lenders (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Exercise of Powers. The Agent shall take any action of the type specified in this Loan Agreement or any other Transaction Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Banks Requisite Lenders (or, to the extent this Loan Agreement or such Transaction other Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Loan Agreement or such Transaction Loan Document expressly requires the direction or consent of the Required Banks Requisite Lenders (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the BanksLenders. The Agent shall not have any liability to any Person as a result of (xi) the Agent acting or refraining from acting in accordance with the directions of the Required Banks Requisite Lenders (or other applicable Person or set of Persons), (yii) the Agent refraining from acting in the absence of instructions to act from the Required Banks Requisite Lenders (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (ziii) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (ziii), to the provisions of Section 8.04(a10.04(i) hereof).

Exercise of Powers. The Agent shall take any action of the type specified in this Agreement or any other Transaction Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Banks (or, to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of the Required Banks (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Banks. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Banks (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Banks (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Exercise of Powers. The Agent shall take any action of the type ------------------ specified in this Agreement or any other Transaction Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Banks (or, to the extent this Agreement or such Transaction Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Document expressly requires the direction or consent of the Required Banks (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Banks. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Banks (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Banks (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Exercise of Powers. The Each Agent shall take any action of the type specified in this Agreement or any other Transaction Loan Document as being within the such Agent's rights, powers or discretion in accordance with directions from the Required Banks Lenders (or, to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the each Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of the Required Banks Lenders (or some other Person or set of Persons), in which case the such Agent shall 61 70 not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the BanksLenders. The No Agent shall not have any liability to any Person as a result of (x) the any Agent acting or refraining from acting in accordance with the directions of the Required Banks Lenders (or other applicable Person or set of Persons), (y) the any Agent refraining from acting in the absence of instructions to act from the Required Banks Lenders (or other applicable Person or set of Persons), whether or not the such Agent has discretionary power to take such action, or (z) the any Agent taking discretionary action it is authorized to take under this Section. Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof)8.04.

Exercise of Powers. The Each Agent shall take any action of the type specified in this Agreement or any other Transaction Loan Document as being within the such Agent's rights, powers or discretion in accordance with directions from the Required Banks Lenders (or, to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the each Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of the Required Banks Lenders (or some other Person or set of Persons), in which case the such Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the BanksLenders. The No Agent shall not have any liability to any Person as a result of (x) the any Agent acting or refraining from acting in accordance with the directions of the Required Banks Lenders (or other applicable Person or set of Persons), (y) the any Agent refraining from acting in the absence of instructions to act from the Required Banks Lenders (or other applicable Person or set of Persons), whether or not the such Agent has discretionary power to take such action, or (z) the any Agent taking discretionary action it is authorized to take under this Section. Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof)8.04.

Exercise of Powers. The Each Agent shall take any action of the type specified in this Agreement or any other Transaction Loan Document as being within the such Agent's rights, powers or discretion in accordance with directions from the Required Banks (or, to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the each Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of the Required Banks (or some other Person or set of Persons), in which case the such Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Banks. The Neither Agent shall not have any liability to any Person as a result of (x) the either Agent acting or refraining from acting in accordance with the directions of the Required Banks (or other applicable Person or set of Persons), (y) the either Agent refraining from acting in the absence of instructions to act from the Required Banks (or other applicable Person or set of Persons), whether or not the such Agent has discretionary power to take such action, or (z) the either Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Exercise of Powers. The Each Agent shall take any action of the type specified in this Agreement or any other Transaction Loan Document as being within the such Agent's rights, powers or discretion in accordance with directions from the Required Banks Lenders (or, to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the each Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of the Required Banks Lenders (or some other Person or set of Persons), in which case the such Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the BanksLenders. The Neither Agent shall not have any liability to any Person as a result of (x) the either Agent acting or refraining from acting in accordance with the directions of the Required Banks Lenders (or other applicable Person or set of Persons), (y) the either Agent refraining from acting in the absence of instructions to act from the Required Banks Lenders (or other applicable Person or set of Persons), whether or not the either Agent has taking discretionary power to take such action, or (z) the either Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof)Section.

Exercise of Powers. The Agent shall take any action of the type specified in this Agreement or any other Transaction Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Banks Lenders (or, to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of the Required Banks Lenders (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the BanksLenders. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Banks Lenders (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Banks Lenders (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof)Section.

Exercise of Powers. The Agent shall take any action of the type ------------------ specified in this Agreement or any other Transaction Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Banks Lenders (or, to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of the Required Banks Lenders (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the BanksLenders. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Banks Lenders (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Banks Lenders (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section 9.3 (subject, in the case of this clause (z), to the provisions of Section 8.04(a9.4(a) hereof).

Exercise of Powers. The Agent shall take any action of the type specified in this Agreement or any other Transaction Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Banks Lenders (or, to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Loan Document expressly requires the direction or consent of the Required Banks Lenders (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the BanksLenders. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Banks Lenders (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Banks Lenders (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof9.04(a)).

Exercise of Powers. The Agent shall take any action of the type specified in this Agreement or any other Transaction Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Banks Lenders (or, to or as otherwise provided in the extent this Agreement or such Transaction Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of PersonsLoan Documents). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction other Loan Document expressly requires the direction or consent of the Required Banks Lenders (or all of the Lenders, or some other Person or set group of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all of the BanksLender Parties. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Banks Lenders (or all of the Lenders, or other applicable specified Person or set group of Persons, if applicable), (y) the Agent refraining from acting in the absence of instructions to act from the Required Banks Lenders (or all of the Lenders, or other applicable specified Person or set group of Persons, if applicable), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section 9.3 (subject, in the case of this clause (z), to the provisions of Section 8.04(a9.4(a) hereof).

Exercise of Powers. The Agent Each of the Agents shall take any action of the type specified in this Agreement or any other Transaction Document as being within the such Agent's rights, powers or discretion in accordance with directions from the Required Banks (or, to the extent this Agreement or such Transaction Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the such Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Transaction Document expressly requires the direction or consent of the Required Banks (or some other Person or set of Persons), in which case the such Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Banks. The No Agent shall not have any liability to any Person as a result of (x) the such Agent acting or refraining from acting in accordance with the directions of the Required Banks (or other applicable Person or set of Persons), (y) the such Agent refraining from acting in the absence of instructions to act from the Required Banks (or other applicable Person or set of Persons), whether or not the such Agent has discretionary power to take such action, or (z) the such Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).