ABSENCE OF INSTRUCTIONS. If the Trustee receives no instructions from the Sponsor and/or Plan Administrator in response to communications sent to the Plan Administrator or the Sponsor at the last known address as shown on the books of the Trustee, the Trustee may make such determination with respect to distributions and other administrative matters arising under the Plan as it considers reasonable. Any determinations so made will be binding on all persons having or claiming any interest under the Plan or Trust, and the Trustee will incur no obligation or responsibility for any such determination made in good faith or for any action taken in pursuant thereof.
ABSENCE OF INSTRUCTIONS. 10.1 Unless the Customer timeously provides precise, clear and comprehensive written instructions to the Company:
10.1.1 the Company shall, in its reasonable discretion, decide when to perform or procure the performance of any or all of the actions which may be necessary or requisite for the performance of its services to the Customer;
10.1.2 the Company shall in its reasonable discretion decide the means, route and procedure to be followed by it in performing any of the acts or services it has agreed to perform. In the event that there is a choice of tariff rates or premiums offered by a Carrier, warehouseman, underwriter or any other person which choice depends upon the declared value of the Goods in question for the extent of the liability to be assumed by the Carrier, warehouseman, underwriter or other person, it shall be in the sole and absolute discretion of the Company as to what declaration shall be made, and what liability shall be imposed on the Carrier, warehouseman, underwriter or other such person.
10.1.3 the Company shall not be obliged to arrange for any Goods to be carried, stored or handled separately from other Goods;
10.1.4 the Company shall not be obliged to make any declaration as to the nature or value of any Goods or as to any special interest in delivery, and shall be under no obligation to make any declaration or to seek any special protection or cover from any Carrier in respect of any Goods which are, or fall within the definition ascribed thereto by that body of dangerous Goods or other Goods which require special conditions of handling or storage.
ABSENCE OF INSTRUCTIONS. If you fail to give us timely instructions then we may, but are not obliged to:
ABSENCE OF INSTRUCTIONS. In the absence of written notice from the Borrower within the appropriate time periods referred to herein, a maturing LIBO Loan shall be automatically converted into a Base Rate Canada Loan and a maturing Bankers' Acceptance shall be automatically converted into a Prime Rate Loan.
ABSENCE OF INSTRUCTIONS. The Trustee shall not be liable for its ----------------------- failure to invest any or all of the Trust Fund in the absence of such written directions;
ABSENCE OF INSTRUCTIONS. Except as expressly provided otherwise in this document, in the absence of instructions which are required to be obtained from the Administrative Agent, the Security Trustee is not obliged to act, but may act in what it (in its sole discretion) considers to be in the best interests of the Beneficiaries.
ABSENCE OF INSTRUCTIONS. If the Customer fails to give BBVI timely instructions then BBVI may, but is not obligedto:
i) exercise or sell any valuable option on behalf of the Customer, in which case the Customer will pay any resulting transaction costs; and
ii) exercise for the account, at the risk of the Customer, or sell or close out any expiring valuable option.
ABSENCE OF INSTRUCTIONS. If you fail to give us timely instructions then we may, but are not obliged to:
1. Exercise or sell any valuable Option on your behalf, in which case you will pay any resulting transaction costs; and
2. Exercise on your behalf, for your Account and risk or sell or close out any expiring valuable Option.
ABSENCE OF INSTRUCTIONS. In the absence of instructions from the Instructing Party, the Agent may act (or refrain from taking action) as it considers to be in the best interests of the Beneficiaries as a whole.
ABSENCE OF INSTRUCTIONS. In the absence of written notice from a Borrower within the appropriate time periods referred to in Section 3.05, a maturing LIBOR Loan will, if not repaid, be automatically converted into a Base Rate Loan having a principal amount equal to the amount of such maturing Loan. If no election as to the type of Borrowing is specified in a Borrowing Notice, then the requested Borrowing shall be a Base Rate Borrowing. If no Interest Period is specified with respect to any requested LIBOR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Notice, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
