Agent Action. The Agent is hereby authorized and permitted to take any action at any time (except as expressly limited below) it reasonably deems necessary or prudent to protect the Collateral or its security interest in the Collateral, and the Borrower agrees to reimburse the Agent for the same. Without limiting the generality of the foregoing, the Borrower hereby grants to the Agent the right, at the Agent's sole discretion:
Agent Action. If Borrower shall fail to do any act or thing which it has covenanted to do hereunder or any representation or warranty of Borrower shall be breached and not cured or remedied as provided herein, Agent may (but shall not be obligated to) do the same or cause it to be done or remedy any such breach and there shall be added to the Obligations hereunder the cost or expense incurred by Agent in so doing, and any and all amounts expended by Agent in taking any such action shall be Agent Advances, repayable to Agent upon demand and shall bear interest at the Overdue Rate from the date advanced until the date of repayment.
Agent Action. Notwithstanding anything else to the contrary set forth herein, whenever reference is made in any Facility Document, to any discretionary action by, consent, designation, specification, requirement or approval of, notice request or other communication from, or other direction given or action to be undertaken or to be (or not to be) suffered or omitted by Agent or to any election, decision, opinion, acceptance, use of judgement, expression of satisfaction or other exercise of discretion, rights or remedies to be made (or not to be made) by Agent, as applicable (including for the avoidance of doubt any such actions that are “satisfactory to” the Agent, “approved by” the Agent, “acceptable to” the Agent, “agreed by” the Agent, “consented by” the Agent, “as required by” the Agent, “as determined by” the Agent, “as specified by” the Agent, “in the Agent’s discretion”, “selected by” the Agent, “the Agent may establish”, “as may be granted by” the Agent, “advisable by” the Agent, “deemed appropriate by” the Agent, and phrases of similar import authorizing and permitting the Agent to approve, disapprove, determine, act or decline to act in its discretion, as applicable, under this Agreement or any other Facility Document (i) such provision shall refer to Agent exercising each of the foregoing at the instruction and with the sole consent of the Required Lenders (except for Agent’s ability to enter into any amendment to the Agency Fee Letter or any other Facility Document to which it is a party when such amendment affects the rights and obligations of Agent, each of which shall be made in Agent’s sole discretion), and (ii) it is understood that in all cases that such permissive rights shall not be construed as a duty of Agent and Agent shall be fully justified in failing or refusing to take any such action if it shall not have received written instruction, advice or concurrence from Required Lenders in respect of such action.
