Common use of Action Upon Instructions of the Lenders Clause in Contracts

Action Upon Instructions of the Lenders. The Agent agrees, upon the written request of the Required Lenders (or such other groups of Lenders, the Issuers and/or the Swing Line Lender as may be required pursuant to a particular provision of this Agreement or another Financing Document), to take any action of the type specified in the Financing Documents or Bond Document as being within the Agent's rights, duties, power or discretion. The Agent shall in all cases be fully protected in acting, or in refraining from acting in accordance with written instructions signed by the Required Lenders, and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Required Lenders, the Issuers, the Swing Line Lender and on all holders of the Notes. In the absence of a request by the Required Lenders, the Agent shall have authority, in its sole discretion, to take or not to take any action, unless the Financing Documents specifically require the consent of the Required Lenders, of all of the Lenders or of other specified Persons.

Appears in 3 contracts

Samples: Credit Agreement (National Beef Packing Co LLC), Credit Agreement (National Beef Packing Co LLC), Credit Agreement (National Beef Packing Co LLC)

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Action Upon Instructions of the Lenders. The Agent agrees, upon the written request of the Required Lenders (or such other groups of Lenders, the Issuers and/or the Swing Line Lender as may be required pursuant to a particular provision of this Agreement or another Financing Document), to take any action of the type specified in the Financing Documents or Bond Document as being within the Agent's ’s rights, duties, power or discretion. The Agent shall in all cases be fully protected in acting, or in refraining from acting in accordance with written instructions signed by the Required Lenders, and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Required Lenders, the Issuers, the Swing Line Lender and on all holders of the Notes. In the absence of a request by the Required Lenders, the Agent shall have authority, in its sole discretion, to take or not to take any action, unless the Financing Documents specifically require the consent of the Required Lenders, of all of the Lenders or of other specified Persons.

Appears in 2 contracts

Samples: Credit Agreement (Leucadia National Corp), Credit Agreement (National Beef Packing Co LLC)

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