Common use of Action by Agents Clause in Contracts

Action by Agents. (a) Except for action requiring the approval of the Majority Lenders, the Super-Majority Lenders or all of the Lenders, as the case may be, each Agent shall be entitled to use its discretion with respect to exercising or refraining from exercising any rights which may be vested in it by, and with respect to taking or refraining from taking any action or actions which it may be able to take under or in respect of, this Agreement, unless such Agent shall have been instructed by the Majority Lenders, the Super-Majority Lenders or all the Lenders, as the case may be, to exercise or refrain from exercising such rights or to take or refrain from taking such action, provided that such Agent shall not exercise any rights under Section 9.2(a) of this Agreement without the request of the Majority Lenders. None of the Agents shall incur any liability under or in respect of this Agreement with respect to anything which it may do or refrain from doing in the reasonable exercise of its judgment or which may seem to it to be necessary or desirable in the circumstances, except for its own gross negligence or willful misconduct. (b) None of the Agents shall be liable to the Lenders, or any of them, in acting or refraining from acting under this Agreement in accordance with the instructions of the Majority Lenders, the Super-Majority Lenders or all the Lenders, as the case may be, and any action taken or failure to act pursuant to such instructions shall be binding on all Lenders.

Action by Agents. (a) Except for action requiring the approval Each of the Majority LendersAgent, the Super-Majority Lenders or all of the Lenders, as the case may be, each Funding Agent and Collateral Agent shall be entitled to use its discretion with respect to exercising or refraining from exercising any rights which may be vested in it by, and with respect to taking or refraining from taking any action or actions which it may be able to take under or in respect of, this AgreementAgreement and the other Loan Documents, unless such Agent Person shall have been instructed by Agent, in the Majority Lenderscase of Funding Agent and Collateral Agent, the Super-Majority and/or by either Requisite Lenders or all of the Lenders, as the case may beapplicable, required for an action hereunder or thereunder to exercise or refrain from exercising such rights or to take make or refrain from taking such action, ; provided -------- that such the exercise of discretion by Funding Agent and Collateral Agent shall not exercise any rights under Section 9.2(a) require the prior consent of this Agreement without the request of the Majority LendersAgent. None of the Agents Neither Agent, Funding Agent nor Collateral Agent shall incur any liability under or in respect of this Agreement or any other Loan Document with respect to anything which it may do or refrain from doing in the reasonable exercise of its judgment or which may seem to it to be necessary or desirable in the circumstances, except for its own gross negligence or willful misconduct. (b) None of the Agents . Neither Agent, Funding Agent nor Collateral Agent shall be liable to the Lenders, Lenders or to any of them, Lender in acting or refraining from acting under this Agreement in accordance with the instructions of the Majority Requisite Lenders, the Super-Majority Lenders or all of the Lenders, as the case may be, and any action taken or failure to act pursuant to such instructions shall be binding on all Lenders.

Action by Agents. (a) Except for action requiring the approval of the Majority Lenders, the Super-Majority Lenders or all of the Lenders, as the case may be, each Arranging Agent shall be entitled to use its discretion with respect to exercising or refraining from exercising any rights which may be vested in it by, and with respect to taking or refraining from taking any action or actions which it may be able to take under or in respect of, this Agreement, unless such Arranging Agent shall have been instructed by the Majority Lenders, the Super-Majority Lenders or all the Lenders, as the case may be, to exercise or refrain from exercising such rights or to take or refrain from taking such action, provided that such Agent shall not exercise any rights under Section 9.2(a) of this Agreement without the request of the Majority Lenders. None of the Agents Each Arranging Agent shall incur any no liability under or in respect of this Agreement with respect to anything which it may do or refrain from doing in the reasonable exercise of its judgment or which may seem to it to be necessary or desirable in the circumstances, except for its own gross negligence or willful misconduct. (b) None of Each Arranging Agent and the Agents Administrative Agent shall not be liable to the Lenders, Lenders or to any of them, Lender in acting or refraining from acting under this Agreement in accordance with the instructions of the Majority Lenders, the Super-Majority Lenders or all the Lenders, as the case may be, and any action taken or failure to act pursuant to such instructions shall be binding on all Lenders.