Common use of Actions in Discretion of Agents; Instructions From the Lenders Clause in Contracts

Actions in Discretion of Agents; Instructions From the Lenders. The Paying Agent and each Co-Administrative Agent agrees, upon the written request of the Required Lenders, to take or refrain from taking any action of the type specified as being within the Paying Agent’s or such Co-Administrative Agent’s rights, powers or discretion herein, provided that neither the Paying Agent nor any Co-Administrative Agent shall be required to take any action that exposes the Paying Agent or any Co-Administrative Agent to personal liability or that is contrary to this Agreement or any other Loan Document or applicable Law. In the absence of a request by the Required Lenders, the Paying Agent and each Co-Administrative Agent shall have authority, in its sole discretion, to take or not to take any such action, unless this Agreement specifically requires the consent of the Required Lenders or all of the Lenders. Any action taken or failure to act pursuant to such instructions or discretion shall be binding on the Lenders, subject to Section 10.6 [

Appears in 3 contracts

Samples: Security Agreement (Consol Energy Inc), Credit Agreement (Consol Energy Inc), Collateral Trust Agreement (Consol Energy Inc)

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Actions in Discretion of Agents; Instructions From the Lenders. The Paying Agent and each Co-Administrative Agent agrees, upon the written request of the Required Lenders, to take or refrain from taking any action of the type specified as being within the Paying Agent’s 's or such Co-Administrative Agent’s 's rights, powers or discretion herein, provided that neither the Paying Agent nor any Co-Administrative Agent shall be required to take any action that exposes the Paying Agent or any Co-Administrative Agent to personal liability or that is contrary to this Agreement or any other Loan Document or applicable Law. In the absence of a request by the Required Lenders, the Paying Agent and each Co-Administrative Agent shall have authority, in its sole discretion, to take or not to take any such action, unless this Agreement specifically requires the consent of the Required Lenders or all of the Lenders. Any action taken or failure to act pursuant to such instructions or discretion shall be binding on the Lenders, subject to Section 10.6 [

Appears in 1 contract

Samples: Credit Agreement (Consol Energy Inc)

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Actions in Discretion of Agents; Instructions From the Lenders. The Paying Agent and each Co-Administrative Each Agent agrees, upon the written request of the Required Lenders, to take or refrain from taking any action of the type specified as being within the Paying such Agent’s or such Co-Administrative Agent’s 's rights, powers or discretion hereinherein or under any Loan Documents, provided that neither the Paying Agent nor any Co-Administrative Agent shall be required to take any action that which exposes the Paying Agent or any Co-Administrative such Agent to personal liability or that which is contrary to this Agreement or any other Loan Document or applicable Lawlaw. In the absence of a request by the Required Lenders, the Paying Agent and each Co-Administrative Agent shall have authorityauthority but is under no duty, in its sole discretion, to take or not to take any such action, unless this Agreement specifically requires the consent of the Required Lenders or all of the Lenders. Any action taken or failure to act pursuant to such instructions or discretion shall be binding on the Lenders, subject to Section 10.6 [8.5b hereof. Subject to the provisions of Section 8.5b, no Lender shall have any right of action whatsoever against either Agent as a result of such Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Nui Corp /Nj/)

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