Common use of Action by Administrative Agent Clause in Contracts

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 22 contracts

Samples: Credit Agreement (American States Water Co), Credit Agreement (American States Water Co), Credit Agreement (American States Water Co)

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Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 12 contracts

Samples: Reducing Revolving Loan Agreement (Station Casinos Inc), Term Loan Agreement (Viasat Inc), Revolving Loan Agreement (Usec Inc)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default (other than the failure to make a payment of principal or interest when due) has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 11 contracts

Samples: Unsecured Credit Agreement (BioMed Realty L P), Unsecured Term Credit Agreement (BioMed Realty L P), Unsecured Credit Agreement (BioMed Realty L P)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower and the Co-Borrowers stating the nature of the Default or has received notice from a Lender Bank stating the nature of the Default and that such Lender Bank considers the Default to have occurred and to be continuing.

Appears in 7 contracts

Samples: Day Loan Agreement (MGM Mirage), Day Loan Agreement (MGM Mirage), Day Loan Agreement (MGM Mirage)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default or Event of Default has occurred and is continuing, unless the Administrative Agent (has actual knowledge of the Default or the Lender that is then the Administrative Agent) Event of Default, has received notice from Borrower stating the nature of the Default or Event of Default, or has received notice from a Lender Bank stating the nature of the Default or Event of Default and that such Lender Bank considers the Default or Event of Default to have occurred and to be continuing.

Appears in 5 contracts

Samples: Revolving Loan Agreement (Kaufman & Broad Home Corp), Loan Agreement (Kaufman & Broad Home Corp), Revolving Loan Agreement (Kb Home)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower any Credit Party stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 5 contracts

Samples: Credit Agreement (Science Applications International Corp), Five Year Credit Agreement (Science Applications International Corp), Credit Agreement (Science Applications International Corp)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 5 contracts

Samples: Loan Agreement (MGM Mirage), Credit Agreement (Wild Oats Markets Inc), Loan Agreement (MGM Grand Inc)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower Borrowers stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 4 contracts

Samples: Term Loan Agreement (Station Casinos Inc), Reducing Revolving and Term Loan Agreement (Station Casinos Inc), Reducing Revolving Loan Agreement (Station Casinos Inc)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default or Event of Default, the Administrative Agent may assume that no Default or Event of Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower the Obligors stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 3 contracts

Samples: Loan Agreement (Wheeling Island Gaming Inc), Loan Agreement (Wdra Food Service Inc), Loan Agreement (Wheeling Land Development Corp)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default or Event of Default, the Administrative Agent may assume that no Default or Event of Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 3 contracts

Samples: Credit Agreement (Ducommun Inc /De/), Loan Agreement (Coast Resorts Inc), Loan Agreement (Hard Rock Hotel Inc)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default or Event of Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has they have received notice from a Parent or any Borrower stating the nature of the Default or has Event of Default or have received notice from a Lender stating the nature of the Default or Event of Default and that such Lender considers the Default or Event of Default to have occurred and to be continuing.

Appears in 3 contracts

Samples: Day Loan Agreement (Harrahs Entertainment Inc), Assignment Agreement (Harrahs Entertainment Inc), Day Loan Agreement (Harrahs Entertainment Inc)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower stating the nature of the Default or has received notice from a Lender Bank stating the nature of the Default and that such Lender Bank considers the Default to have occurred and to be continuing.

Appears in 2 contracts

Samples: Loan Agreement (Mirage Resorts Inc), Loan Agreement (MGM Grand Inc)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower stating the nature of the Default or has received notice from a Lender Bank stating the nature of the Default and that such Lender Bank considers the Default to have occurred and to be continuing.

Appears in 2 contracts

Samples: Loan Agreement (Eldorado Resorts LLC), Revolving Loan Agreement (Del Webb Corp)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender Bank that is then the Administrative Agent) has received notice from Borrower stating the nature of the Default or has received notice from a Lender Bank stating the nature of the Default and that such Lender Bank considers the Default to have occurred and to be continuing.

Appears in 2 contracts

Samples: Credit Agreement (Science Applications International Corp), Credit Agreement (Science Applications International Corp)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Event of Default has occurred and is continuing, unless the Administrative Agent (or has actual knowledge of the Lender that is then the Administrative Agent) Event of Default, has received notice from the Borrower stating the nature of the Event of Default and stating that such notice is a “notice of default”, or has received notice from a Lender Bank stating the nature of the Event of Default and that such Lender that Bank considers the Event of Default to have occurred and to be continuing.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Avery Dennison Corporation), Revolving Credit Agreement (Avery Dennison Corporation)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default (other than the failure to make a payment of principal or interest when due) has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower stating the nature of the Default or has received notice from a Lender Bank stating the nature of the Default and that such Lender Bank considers the Default to have occurred and to be continuing.

Appears in 2 contracts

Samples: Unsecured Credit Agreement (BioMed Realty Trust Inc), Unsecured Credit Agreement (BioMed Realty Trust Inc)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default or Event of Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has they have received notice from Borrower stating the nature of the Default or has Event of Default or have received notice from a Lender stating the nature of the Default or Event of Default and that such Lender considers the Default or Event of Default to have occurred and to be continuing.

Appears in 2 contracts

Samples: Term Loan Agreement (Mandalay Resort Group), Term Loan Agreement (Mandalay Resort Group)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from a Borrower stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 2 contracts

Samples: Loan Agreement (Day Runner Inc), Revolving Loan Agreement (Day Runner Inc)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Event of Default has occurred and is continuing, unless the Administrative Agent (or has actual knowledge of the Lender that is then the Administrative Agent) Event of Default, has received notice from Borrower stating the nature of the Event of Default and stating that such notice is a “notice of default”, or has received notice from a Lender Bank stating the nature of the Event of Default and that such Lender that Bank considers the Event of Default to have occurred and to be continuing.

Appears in 2 contracts

Samples: Assignment and Assumption (Avery Dennison Corporation), Revolving Credit Agreement (Avery Dennison Corporation)

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Action by Administrative Agent. (a) The Administrative Agent may assume that no Default or Event of Default has occurred and is continuing, unless an officer of the Administrative Agent (or the Lender that is then the Administrative Agent) who is responsible for the administration of the Revolving Facility has received notice from Borrower stating the nature of the Default or Event of Default or has received notice from a Lender stating the nature of the Default or Event of Default and that such Lender considers the Default or Event of Default to have occurred and to be continuing.

Appears in 2 contracts

Samples: Credit Agreement (West Marine Inc), Credit Agreement (West Marine Inc)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default or Event of Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from the Tribe or Borrower stating the nature of the Default or Event of Default or has received notice from a Lender stating the nature of the Default or Event of Default and that such Lender considers the Default or Event of Default to have occurred and to be continuing.

Appears in 2 contracts

Samples: Loan Agreement (Mohegan Tribal Gaming Authority), Loan Agreement (Mohegan Tribal Gaming Authority)

Action by Administrative Agent. (a) The Administrative Agent and the Swing Line Lender may assume that no Default has occurred and is continuing, unless the Administrative Agent (or and the Swing Line Lender that is then the Administrative Agent) has have received written notice from Borrower stating the nature of the Default or has received written notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 1 contract

Samples: Loan Agreement (Nevada Power Co)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender Xxxxxx considers the Default to have occurred and to be continuing.

Appears in 1 contract

Samples: Credit Agreement (Golden State Water CO)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower the Borrowers stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 1 contract

Samples: Loan Agreement (Alliance Gaming Corp)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default or Event of Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower the Company stating the nature of the Default or has received notice from a Lender stating the nature of the Default or Event of Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 1 contract

Samples: Credit Agreement (Geologistics Corp)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower Representative stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 1 contract

Samples: Revolving Loan Agreement (Resmed Inc)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default or Event of Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from the Borrower stating the nature of the Default or Event of Default or has received notice from a Lender stating the nature of the Default or Event of Default and that such Lender considers the Default or Event of Default to have occurred and to be continuing.

Appears in 1 contract

Samples: Loan Agreement (Mississippi Band of Choctaw Indians Dba Choctaw RSRT DVLP E)

Action by Administrative Agent. (a) The Administrative Agent and the Issuing Lender may assume that no Default or Event of Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has they have received notice from Borrower stating the nature of the Default or has Event of Default or have received notice from a Lender stating the nature of the Default or Event of Default and that such Lender considers the Default or Event of Default to have occurred and to be continuing.

Appears in 1 contract

Samples: Loan Agreement (Mandalay Resort Group)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower the Company stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 1 contract

Samples: Credit Agreement (Science Applications International Corp)

Action by Administrative Agent. (a) The Administrative Agent may assume that no Default has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from the Company or a Borrower stating the nature of the Default or has received notice from a Lender stating the nature of the Default and that such Lender considers the Default to have occurred and to be continuing.

Appears in 1 contract

Samples: Loan Agreement (Bekins Co /New/)

Action by Administrative Agent. (a) The Absent actual knowledge of the Administrative Agent of the existence of a Default, the Administrative Agent may assume that no Default (other than the failure to make a payment of principal or interest when due) has occurred and is continuing, unless the Administrative Agent (or the Lender that is then the Administrative Agent) has received notice from Borrower Borrowers stating the nature of the Default or has received notice from a Lender Bank stating the nature of the Default and that such Lender Bank considers the Default to have occurred and to be continuing.

Appears in 1 contract

Samples: Revolving Loan Agreement (BioMed Realty Trust Inc)

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