Common use of Certain Rights of the Administrative Agent Clause in Contracts

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 65 contracts

Samples: Credit Agreement (WESTMORELAND COAL Co), Credit Agreement (Magellan Health Inc), Credit Agreement (Magellan Health Inc)

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Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders.

Appears in 45 contracts

Samples: Credit Agreement (Life Time Group Holdings, Inc.), Credit Agreement (WideOpenWest, Inc.), Credit Agreement (WideOpenWest, Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender Bank nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 18 contracts

Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Diamond Offshore Drilling Inc), Credit Agreement (R&b Falcon Corp)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect re­spect to any act action or action ac­tions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act, unless and until the Administrative Agent it shall have received instructions from the Required Lenderssuch Lend­ers; and the Administrative Agent shall not incur liability to any Lender Person by reason rea­son of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance ac­cordance with the instructions of the Required LendersLenders where required by the terms of this Agreement.

Appears in 12 contracts

Samples: Subordinated Term Loan Agreement, Revolving Credit Agreement (NGP Capital Resources Co), Revolving Credit and Term Loan Agreement (Tc Pipelines Lp)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 11 contracts

Samples: Abl Credit Agreement (Southeastern Grocers, LLC), Amendment and Restatement Agreement (Toys R Us Inc), Credit Agreement (Infousa Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Lenders or the Required Lenders (as the case may be) with respect to any act or action (including the failure to act) in connection with this Agreement or any the other Credit DocumentLoan Documents, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received written instructions from the Lenders or the Required Lenders; , as applicable, and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any this Agreement and the other Credit Document Loan Documents in accordance with the instructions of the Required Lenders, or, to the extent required by Section 9.2, all of the Lenders.

Appears in 10 contracts

Samples: Credit Agreement (Eldorado Gold Corp /Fi), Credit Agreement (SSR Mining Inc.), Credit Agreement (Pretium Resources Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received written instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders, or such greater number of Lenders as may be expressly required under Section 10.1.

Appears in 10 contracts

Samples: Senior Unsecured Credit Agreement (Strategic Hotels & Resorts, Inc), Credit Agreement (Cole Credit Property Trust II Inc), Credit Agreement (Spirit Realty Capital, Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender or any other Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 7 contracts

Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender or the holder of any Note by reason of so refraining. Without limiting the foregoing, neither any no Lender nor or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 7 contracts

Samples: Term Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Term Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 7 contracts

Samples: Credit Agreement (Keane Group, Inc.), Credit Agreement (Flowers Foods Inc), Credit Agreement (Lattice Semiconductor Corp)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Requisite Lenders with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act, unless and until the Administrative Agent it shall have received instructions from the Required such Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersRequisite Lenders where required by the terms of this Credit Agreement.

Appears in 7 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; , and the Administrative Agent shall not incur any liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note Lenders shall not have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersLenders as is required pursuant to this Agreement.

Appears in 7 contracts

Samples: Credit Agreement (FS Global Credit Opportunities Fund), Credit Agreement (FS Global Credit Opportunities Fund-D), Credit Agreement (American Capital, LTD)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Term Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders.

Appears in 6 contracts

Samples: Term Loan and Guarantee Agreement, Term Loan and Guarantee Agreement (Evercore Partners Inc.), Credit Agreement (ATD Corp)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 6 contracts

Samples: Credit Agreement (Noble Corp), Credit Agreement (Noble Drilling Corp), Credit Agreement (Fairpoint Communications Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Bank or the holder of any Note by reason of so refraining. Without limiting the foregoing, neither any Lender nor no Bank or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 6 contracts

Samples: Credit Agreement (Consolidated Container Co LLC), Credit Agreement (Gleason Corp /De/), Senior Subordinated Loan Agreement (Vestar Capital Partners Iv Lp)

Certain Rights of the Administrative Agent. If the ------------------------------------------ Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 5 contracts

Samples: Credit Agreement (Geo Specialty Chemicals Inc), Credit Agreement (MJD Communications Inc), Credit Agreement (Unilab Corp /De/)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor no Bank or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 5 contracts

Samples: Term Loan Agreement (Alpine Group Inc /De/), Credit Agreement (Coltec Industries Inc), Credit Agreement (Alpine Group Inc /De/)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; Lenders and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders.

Appears in 4 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement (Rti Surgical, Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor no Bank or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 3 contracts

Samples: Credit Agreement (Coinmach Service Corp), Credit Agreement (Coinmach Corp), Credit Agreement (Appliance Warehouse of America Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this the Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor no Bank or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 3 contracts

Samples: Global Revolving Credit Agreement (Sealed Air Corp/De), Global Revolving Credit Agreement (Sealed Air Corp/De), Credit Agreement (Artesyn Technologies Inc)

Certain Rights of the Administrative Agent. If the any Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including the failure to act) in connection with this Agreement or any Agreement, the Notes and the other Credit DocumentFinancing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any this Agreement, the Notes and the other Credit Document Financing Documents in accordance with the instructions of the Required Lenders, or to the extent required by Section 9.2, all of the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Purina Mills Inc), Credit Agreement (Benchmark Electronics Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Majority Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Majority Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the or holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Majority Lenders.

Appears in 3 contracts

Samples: Loan Agreement (Gaylord Entertainment Co /De), Credit Agreement (Gaylord Entertainment Co /De), Credit Agreement (Gaylord Entertainment Co /De)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders or the Required Class Lenders of a Class with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act unless and until the Administrative Agent it shall have received instructions from the Required such Lenders; , and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersLenders or the Required Class Lenders of a Class where required by the terms of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Community Healthcare Trust Inc), Credit Agreement (Community Healthcare Trust Inc), Credit Agreement (Community Healthcare Trust Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders, Majority Revolving Credit Lenders and/or Majority Term Loan Lenders with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act, unless and until the Administrative Agent it shall have received instructions from the Required such Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders, Majority Revolving Credit Lenders and/or Majority Term Loan Lenders where required by the terms of this Agreement.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (E.W. SCRIPPS Co), Revolving Credit and Term Loan Agreement (Scripps E W Co /De), Revolving Credit and Term Loan Agreement (Scripps E W Co /De)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Revolving Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersLenders (or all the Lenders if required hereunder); and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersLenders (or all the Lenders if required hereunder).

Appears in 3 contracts

Samples: Amendment Agreement (Lee Enterprises, Inc), First Lien Credit Agreement (Lee Enterprises, Inc), Exit Credit Agreement (Lee Enterprises, Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Bank by reason of so refraining. Without limiting the foregoing, neither any Lender nor no Bank or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 3 contracts

Samples: Credit Agreement (Pool Energy Services Co), Credit Agreement (Scot Inc), Credit Agreement (Pool Energy Services Co)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender or any Bank Product Provider by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note Bank Product Provider shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Urban One, Inc.), Credit Agreement (Urban One, Inc.), Credit Agreement (Radio One, Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Wyndham International Inc), Second Lien Credit Agreement (Wyndham International Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act, unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to in any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent Agent’s acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Choicepoint Inc), Term Loan Credit Agreement (Choicepoint Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including the failure to act) in connection with this Agreement or any Agreement, the Notes and the other Credit DocumentFinancing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any this Agreement, the Notes and the other Credit Document Financing Documents in accordance with the instructions of the Required Lenders, or to the extent required by Section 10.2, all of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Hallwood Group Inc), Credit Agreement (Hallwood Group Inc)

Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Majority Banks at any time. If the Administrative Agent requests shall request instructions from the Required Lenders Majority Banks or Banks, as applicable, with respect to any act or action (including the failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; Majority Banks, and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note no Bank shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersMajority Banks.

Appears in 2 contracts

Samples: Credit Agreement (Premcor Inc), Credit Agreement (Premcor Refining Group Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note no Bank shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks or where otherwise expressly provided herein, such other requisite number of Banks.

Appears in 2 contracts

Samples: Credit Agreement (Interlake Corp), Credit Agreement (Interlake Corp)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note Loan shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Fairpoint Communications Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Bridge Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Bridge Loan Document in accordance with the instructions of the Required Lenders.

Appears in 2 contracts

Samples: Bridge Loan Agreement (CF Industries Holdings, Inc.), Bridge Loan Agreement (CF Industries Holdings, Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor no Bank or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent Agent's acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Omnicom Group Inc), 364 Day Credit Agreement (Omnicom Group Inc)

Certain Rights of the Administrative Agent. If the ------------------------------------------ Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Manitowoc Co Inc), Credit Agreement (Nm Licensing LLC)

Certain Rights of the Administrative Agent. If the ------------------------------------------ Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders.

Appears in 2 contracts

Samples: Increasing Rate Note Purchase and Loan Agreement (Wyndham International Inc), Credit Agreement (Wyndham International Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Universal Compression Inc), Credit Agreement (Universal Compression Holdings Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders.

Appears in 2 contracts

Samples: Abl Credit Agreement (Smurfit Stone Container Corp), Abl Credit Agreement (Smurfit Stone Container Corp)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 2 contracts

Samples: Second Lien Loan Agreement (Lee Enterprises, Inc), Second Lien Loan Agreement (Lee Enterprises, Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall ------------------------------------------ request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor no Bank or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 2 contracts

Samples: Credit Agreement (Coinmach Corp), Credit Agreement (Coinmach Laundry Corp)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including the failure to act) in connection with this Agreement or any and the other Credit DocumentFinancing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any this Agreement and the other Credit Document Financing Documents in accordance with the instructions of the Required Lenders, or, to the extent required by Section 10.2, all of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Aventine Renewable Energy Holdings Inc), Credit Agreement (Aventine Renewable Energy Holdings Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any no Lender nor or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Information Holdings Inc), Debtor in Possession Credit Agreement (Weblink Wireless Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders (or all Lenders to the extent otherwise required under this Agreement) with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act, unless and until the Administrative Agent it shall have received instructions from the Required Lenders (or all Lenders, as applicable); and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders (or Lenders, as applicable) under the terms of this Agreement.

Appears in 2 contracts

Samples: Senior Secured Convertible Credit Agreement (Kadmon Holdings, LLC), Senior Secured Convertible Credit Agreement (Kadmon Holdings, LLC)

Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Majority Lenders at any time. If the Administrative Agent requests instructions from the Required Majority Lenders with respect to any act or action (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Majority Lenders; , and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Majority Lenders.

Appears in 1 contract

Samples: Credit Agreement (Worldport Communications Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersLenders or with Required Lenders Negative Consent.

Appears in 1 contract

Samples: Credit Agreement (Algoma Steel Group Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Lender, with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; Lender and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any none of the Lender nor or the holder Holder of any Note or Loan shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Apollo Senior Floating Rate Fund Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Credit Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Lenders or the Required Lenders (as the case may be) with respect to any act or action (including the failure to act) in connection with this Agreement or any the other Credit DocumentLoan Documents, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative such Agent shall have received written instructions from the Lenders or the Required Lenders; , as applicable, and the Administrative such Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any this Agreement and the other Credit Document Loan Documents in accordance with the instructions of the Required Lenders, or, to the extent required by Section 9.2, all of the Lenders.

Appears in 1 contract

Samples: Supplemental Senior Revolving Facility Credit Agreement (Tim Hortons Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Short Term Credit Agreement (CURO Group Holdings Corp.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including the failure to act) in connection with this Agreement or any Agreement, the Term Notes and the other Credit DocumentFinancing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any this Agreement, the Term Notes and the other Credit Document Financing Documents in accordance with the instructions of the Required Lenders, or to the extent required by Section 10.2, all of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Hallwood Group Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note Revolving Loan shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Fairpoint Communications Inc)

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Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act, unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent Agent's acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (CBRL Group Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions instruc-tions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (RCN Corp /De/)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note no Bank shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (Nicholas Applegate Fund Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions instruc­tions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Lee Enterprises, Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received written instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Strategic Hotel Capital Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the no Bank and no holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (American Italian Pasta Co)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect re-spect to any act action or action ac-tions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act, unless and until the Administrative Agent it shall have received instructions from the Required Lenderssuch Lend-ers; and the Administrative Agent shall not incur liability to any Lender Person by reason rea-son of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance ac-cordance with the instructions of the Required LendersLenders where required by the terms of this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Landamerica Financial Group Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Waiver Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Financing Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Waiver Lenders; , and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Financing Document in accordance with the instructions of the Required Waiver Lenders.

Appears in 1 contract

Samples: Credit Agreement (Pg&e Corp)

Certain Rights of the Administrative Agent. If the ------------------------------------------ Administrative Agent requests shall request instructions from the Required Lenders with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act, unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to in any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Line of Credit Agreement (Hughes Supply Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Majority Lenders with respect to any act or action (including the failure to act) in connection with this Agreement or any Agreement, the Notes and the other Credit DocumentFinancing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Majority Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any this Agreement, the Notes and the other Credit Document Financing Documents in accordance with the instructions of the Required Majority Lenders.

Appears in 1 contract

Samples: Credit Agreement (Titan Exploration Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect re‐spect to any act action or action ac‐tions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act unless and until the Administrative Agent it shall have received instructions from the Required Lenders; such Lend‐ers, and the Administrative Agent shall not incur liability to any Lender Person by reason rea‐son of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance ac‐cordance with the instructions of the Required LendersLenders where required by the terms of this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (NexPoint Residential Trust, Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, as the case may be, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; Lenders and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Silgan Holdings Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to act (or refrain from such act or taking such action action) unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so acting (or refraining). Without limiting the foregoing, neither any Lender Secured Creditor nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Capella Healthcare, Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests ------------------------------------------ shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor no Bank or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (Coinmach Laundry Corp)

Certain Rights of the Administrative Agent. If the ------------------------------------------ Administrative Agent requests shall request instructions from the Required Majority Lenders with respect to any act or action (including the failure to act) in connection with this Agreement or any Agreement, the Notes and the other Credit DocumentFinancing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Majority Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any this Agreement, the Notes and the other Credit Document Financing Documents in accordance with the instructions of the Required Majority Lenders.

Appears in 1 contract

Samples: Credit Agreement (Titan Exploration Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks or all Banks, as required; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor no Bank or the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks or all Banks, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Ubiquitel Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Majority Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Majority Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the or holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining 105 from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Majority Lenders.

Appears in 1 contract

Samples: Credit Agreement (Gaylord Entertainment Co /De)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the no Bank or holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (JCC Holding Co)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Majority Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Majority Lenders; , and the Administrative Agent shall not incur any liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note Lenders shall not have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersMajority Lenders as is required pursuant to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (FS Energy & Power Fund)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 10.2) with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act, unless and until the Administrative Agent it shall have received instructions from the Required such Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersLenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 10.2) where required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Crawford & Co)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect re­spect to any act action or action ac­tions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act unless and until the Administrative Agent it shall have received instructions from the Required Lenders; such Lend­ers, and the Administrative Agent shall not incur liability to any Lender Person by reason rea­son of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance ac­cordance with the instructions of the Required LendersLenders where required by the terms of this Agreement.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Dakota Plains Holdings, Inc.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including the failure to act) in connection with this Agreement or any Agreement, the Notes and the other Credit DocumentFinancing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any this Agreement, the Notes and the other Credit Document Financing Documents in accordance with the instructions of the Required Lenders, or to the extent required by Section 8.02, all of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Sterling Chemical Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including the failure to act) in connection with this Agreement or any Agreement, the Revolving Credit Notes and the other Credit DocumentFinancing Documents, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any this Agreement, the Revolving Credit Notes and the other Credit Document Financing Documents in accordance with the instructions of the Required Lenders, or, to the extent required by Section 10.2, all of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Aventine Renewable Energy Holdings Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Priority Credit Agreement (Trico Marine Services Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, as the case may be, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; Banks and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note no Bank shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (Silgan Holdings Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders or, if required hereunder, all the Lenders.

Appears in 1 contract

Samples: Credit Agreement (CSC Parent Corp)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect re-spect to any act action or action ac-tions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act unless and until the Administrative Agent it shall have received instructions from the Required Lenders; such Lend-ers, and the Administrative Agent shall not incur liability to any Lender Person by reason rea-son of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance ac-cordance with the instructions of the Required LendersLenders where required by the terms of this Agreement.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Fox Factory Holding Corp)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Master Financing Agreement (Zap)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action act, unless and until the Administrative Agent it shall have received instructions from the Required such Lenders; and the . Administrative Agent shall not incur liability be fully justified in failing or refusing to take any Lender by reason action under any Loan Document unless it shall first receive such advice or concurrence of so refrainingthe Required Lenders as it deems appropriate. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersLenders where permitted by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Celadon Group Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the or holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Gaylord Entertainment Co /De)

Certain Rights of the Administrative Agent. If the Administrative Agent requests instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Loan Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Loan Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Dynagas LNG Partners LP)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders Banks with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required LendersBanks; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any Lender nor no Bank or the holder of any Revolving Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (Harrahs Entertainment Inc)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Lenders or the Required Lenders (as the case may be) with respect to any act or action (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received written instructions from the Lenders or the Required Lenders; , as applicable, and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document this Agreement in accordance with the instructions of the Required Lenders, or, to the extent required by Section 11.01, all of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Brookfield Property Partners L.P.)

Certain Rights of the Administrative Agent. If the Administrative Agent requests shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Credit Document, the Administrative Agent shall be entitled to refrain from such act or taking such action unless and until the Administrative Agent shall have received instructions from the Required Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the and no holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Alliance Gaming Corp)

Certain Rights of the Administrative Agent. If As between the Administrative Agent requests and any Lender, if the Administrative Agent shall request instructions from the Required Lenders with respect to any act action or action actions (including the failure to act) in connection with this Agreement or any other Credit DocumentAgreement, the Administrative Agent shall be entitled to refrain from such act action (or taking such action inaction), unless and until the Administrative Agent it shall have received instructions from the Required such Lenders; and the Administrative Agent shall not incur liability to any Lender Person by reason of so refraining. Without limiting the foregoing, neither any no Lender nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required LendersLenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 11.2) where required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (RLJ Entertainment, Inc.)

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