Common use of Acts of Creditors Clause in Contracts

Acts of Creditors. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Agreement to be given or taken by the Creditors or any portion thereof (including a Majority of Each Group) may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form to the Collateral Agent and signed by or on behalf of such persons and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an "Act" of the persons signing such instrument or instruments. In the absence of bad faith on the part of the Collateral Agent, the Collateral Agent shall be entitled to rely absolutely upon an Act of any Creditors if such Act purports to be taken by or on behalf of such Creditor, and nothing in this Section 4.8 or elsewhere in this Agreement shall be construed to require any Creditor to demonstrate that it has been authorized to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Creditor.

Appears in 2 contracts

Samples: Intercreditor and Collateral Agency Agreement (Corning Natural Gas Corp), Intercreditor and Collateral Agency Agreement (Corning Natural Gas Corp)

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Acts of Creditors. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Agreement to be given or taken by the Creditors or any portion thereof (including a Majority of Each Group) Directing Parties may be andbe, and at the request of the Collateral AgentAgent shall be, shall be embodied in and evidenced by one or more instruments reasonably satisfactory in form to the Collateral Agent and signed by or on behalf of such persons Directing Parties and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an "Act" of the persons signing such instrument or instruments. In the absence of bad faith on the part of the Collateral Agent, the The Collateral Agent shall be entitled to rely absolutely upon an Act of any Creditors the Directing Parties if such Act purports to be taken by or on behalf of such CreditorDirecting Parties, and nothing in this Section 4.8 subsection 2.1 or elsewhere in this Agreement shall be construed to require any Creditor of the Directing Parties to demonstrate that it has been authorized to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such CreditorPerson.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Key Energy Group Inc)

Acts of Creditors. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Agreement to be given or taken by the Creditors or any portion thereof (including a the Majority of Each GroupCreditors) may be and, at the request of the Collateral AgentSecured Party, shall be embodied in and evidenced by one or more instruments satisfactory in form to the Collateral Agent Secured Party and signed by or on behalf of such persons and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral AgentSecured Party. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an "β€œAct" ” of the persons signing such instrument or instruments. In the absence of bad faith on the part of the Collateral AgentSecured Party, the Collateral Agent Secured Party shall be entitled to rely absolutely upon an Act of any Creditors Creditor if such Act purports to be taken by or on behalf of such Creditor, and nothing in this Section 4.8 or elsewhere in this Agreement shall be construed to require any Creditor to demonstrate that it has been authorized to take any action which it purports to be taking, the Collateral Agent Secured Party being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Creditor.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Bowne & Co Inc)

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Acts of Creditors. Any request, demand, authorization, direction, notice, consent, waiver or other action permitted or required by this Agreement to be given or taken by the Creditors or any portion thereof (including a the Majority of Each GroupCreditors) may be and, at the request of the Collateral Agent, shall be embodied in and evidenced by one or more instruments satisfactory in form to the Collateral Agent and signed by or on behalf of such persons and, except as otherwise expressly provided in any such instrument, any such action shall become effective when such instrument or instruments shall have been delivered to the Collateral Agent. The instrument or instruments evidencing any action (and the action embodied therein and evidenced thereby) are sometimes referred to herein as an "Act" of the persons signing such instrument or instruments. In the absence of bad faith on the part of the Collateral Agent, the Collateral Agent shall be entitled to rely absolutely upon an Act of any Creditors Creditor if such Act purports to be taken by or on behalf of such Creditor, and nothing in this Section 4.8 or elsewhere in this Agreement shall be construed to require any Creditor to demonstrate that it has been authorized to take any action which it purports to be taking, the Collateral Agent being entitled to rely conclusively, and being fully protected in so relying, on any Act of such Creditor.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Inergy L P)

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