Certain Rights of Agent. If the Agent shall request instructions from the Lenders and the Issuer with respect to any act or action (including failure to act) in connection with this Agreement or any Other Loan Document, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received instructions from the Required Lenders; and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, the Lenders and the Issuer shall not have any right of action whatsoever against the Agent as a result of its acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders.
Appears in 3 contracts
Samples: Credit and Security Agreement (Stoneridge Inc), Credit and Security Agreement (Stoneridge Inc), Credit and Security Agreement (Stoneridge Inc)
Certain Rights of Agent. If the Agent shall request instructions from the Lenders and the Issuer with respect to any act or action (including failure to act) in connection with this Agreement or any Other Loan Document, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received instructions from the Required Lenders; and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, the Lenders and the Issuer shall not have any right of action whatsoever against the Agent as a result of its acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Radnor Holdings Corp), Revolving Credit and Security Agreement (Lesco Inc/Oh)
Certain Rights of Agent. If the Agent shall request instructions from the Lenders and the Issuer and/or Term Lender with respect to any act or action (including failure to act) in connection with this Agreement or any Other Loan Document, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received instructions from the Required Lenders; and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, neither any of the Lenders and the Issuer nor Term Lender shall not have any right of action whatsoever against the Agent as a result of its acting or refraining from acting hereunder in accordance with the instructions of the Required LendersLenders given in good faith.
Appears in 2 contracts
Samples: Financing Agreement (Rafaella Apparel Group,inc.), Financing Agreement (Rafaella Apparel Group,inc.)
Certain Rights of Agent. If the Agent shall request instructions from the Lenders and the Issuer or Foreign Subsidiary Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any Other Loan DocumentAncillary Agreement, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received instructions from the Required Lenders; and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, the Lenders and the Issuer Foreign Subsidiary Lenders shall not have any right of action whatsoever against the Agent as a result of its acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders.
Appears in 2 contracts
Samples: Accounts Receivable Management and Security Agreement (TMP Worldwide Inc), Accounts Receivable Management and Security Agreement (TMP Worldwide Inc)
Certain Rights of Agent. If the Agent shall request instructions from the Lenders and the Issuer with respect to any act or action (including failure to act) in connection with this Agreement or any Other Loan Documentof the Documents, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received instructions from the Lenders or Required Lenders, as applicable; and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, the Lenders and the Issuer shall not have any right of action whatsoever against the Agent as a result of its acting or refraining from acting hereunder or under any other Document in accordance with the instructions of the Lenders or Required Lenders, as applicable.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (General Datacomm Industries Inc)
Certain Rights of Agent. If the Agent shall request instructions from the Required Lenders and the Issuer with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any Other Loan DocumentAgreement, the Agent shall be entitled to refrain from such act or taking such action act, unless and until the Agent shall have received instructions from the Required Lenders; and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, the Lenders and the Issuer no Lender shall not have any right of action whatsoever against the Agent as a result of its the Agent acting or refraining from acting hereunder in accordance with the instructions of the Required Lenders.
Appears in 1 contract
Certain Rights of Agent. If the Agent shall request instructions from the ---- ----------------------- Lenders and the Issuer with respect to any act or action (including failure to act) in connection with this Agreement or any Other the Loan DocumentDocuments, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received instructions from all Lenders or the Required Lenders; and the , as applicable. Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, the Lenders and the Issuer no Lender shall not have any right of action whatsoever against the Agent as a result of its Agent acting or refraining from acting hereunder in accordance with the written instructions of all Lenders or the Required Lenders, as applicable. All requests for instructions by Agent and all responses by the Lenders to such requests must be in writing, which writing may include a telecopied transmission.
Appears in 1 contract
Samples: Loan Agreement (Specialty Products & Insulation Co)
Certain Rights of Agent. If the Agent shall request instructions from the Lenders and the Issuer with respect to any act or action (including any failure to act) in connection with this Agreement or any Other Loan Document, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received instructions from the Required LendersLenders (or the requisite Lenders as otherwise provided in this Agreement); and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, the Lenders and the Issuer no Lender Party shall not have any right of action whatsoever against the Agent as a result of its acting or refraining from acting hereunder in accordance with the instructions of the Required LendersLenders (or the requisite Lenders as otherwise provided in this Agreement).
Appears in 1 contract
Samples: Loan and Security Agreement (Lexington Precision Corp)
Certain Rights of Agent. If the Agent shall request requests instructions from the Requisite Lenders and the Issuer with respect to any act or action (including failure to act) in connection with this Agreement or any Other other Loan Document, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received instructions from the Required Requisite Lenders; and the Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the Lenders and the Issuer holder of any Note shall not have any right of action whatsoever against the Agent as a result of its the Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of the Required LendersRequisite Lender.
Appears in 1 contract