Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent 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 Person by reason of so refraining. Without limiting the foregoing, no Lender 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 4 contracts
Samples: Credit Agreement (Trizec Properties Inc), Credit Agreement (Trizec Properties Inc), Credit Agreement (Trizec Properties Inc)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent 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 Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender or nor the holder of any Note shall have any right of action whatsoever against the Administrative Agent or any of its employees, directors, officers, agents or affiliates as a result of the Administrative Agent or such other person 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: Possession Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Owens Corning), Credit Agreement (Davis-Standard CORP)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent shall request instructions from the Required Lenders 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 or all Lenders; , as applicable, and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no none of any Lender or the holder Holder of any Lender 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 Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Special Value Continuation Partners, LP), Credit Agreement (Tennenbaum Opportunities Partners V, LP), Credit Agreement (Special Value Continuation Partners, LP)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent shall request 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 Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender or 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: Credit Agreement (Lee Enterprises, Inc), Junior Intercreditor Agreement (Lee Enterprises, Inc), Exit Credit Agreement (Lee Enterprises, Inc)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent shall request instructions from the Required Lenders or all of the Lenders, as applicable, 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 or all of the Lenders, as applicable; and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no Lender 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 or all of the Lenders, as applicable.
Appears in 3 contracts
Samples: Credit Agreement (Hanger Orthopedic Group Inc), Pledge Agreement (Sitel Corp), Hanger Orthopedic Group Inc
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. 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 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 Person (provided that the Borrower reserves any and all rights and claims against any Lender, including the Administrative Agent in its capacity as a Lender) by reason of so refraining. Without limiting the foregoing, no Lender 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 LendersLenders where required by the terms of this Agreement.
Appears in 3 contracts
Samples: Term Loan Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Bisys Group Inc), Revolving Credit Agreement (Certegy Inc)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. 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 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 Person (provided that the Company reserves any and all rights and claims against any Lender, including the Administrative Agent in its capacity as a Lender) by reason of so refraining. Without limiting the foregoing, no Lender 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 LendersLenders where required by the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Equifax Inc), Credit Agreement (Equifax Inc)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent shall request instructions from the Controlling Class or the Required Lenders Lenders, as applicable, 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 Controlling Class, the Required Lenders or all Lenders; , as applicable, and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no none of any Lender, the Holder of any Lender Note or Loan or the holder of any Note Insurer 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 Controlling Class or the Required Lenders, as applicable.
Appears in 2 contracts
Samples: Credit Agreement (Special Value Expansion Fund, LLC), Credit Agreement (Special Value Opportunities Fund LLC)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent 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 Person by reason of so refrainingrefraining provided, however, that this shall not affect the obligations of the Administrative Agent or any Lender to the Borrower. Without limiting the foregoing, no neither any Lender or 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 (Ameristar Casinos Inc), Credit Agreement (Ameristar Casinos Inc)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent 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 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 instructions from the Required Lenders; , and the Administrative Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender 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 1 contract
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. 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 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 Person (provided that the Borrower reserves any and all rights and claims against any Lender, including the Administrative Agent in its capacity as a Lender) by reason of so refraining. Without limiting the foregoing, no Lender 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 LendersLenders where required by the terms of this Agreement.
Appears in 1 contract
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the ------------------------------------------ Administrative Agent shall request instructions from the Required Lenders Banks or all of the Banks, as applicable, 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 of the Banks, as applicable; and the Administrative Agent shall not incur liability to any Person Bank by reason of so refraining. Without limiting the foregoing, no Lender 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 of the Banks, as applicable.
Appears in 1 contract
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent 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 Person by reason of so refraining. Without limiting the foregoing, no Lender 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 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. Tahoe Resources Inc. - Credit Agreement
Appears in 1 contract
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent 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 Person by reason of so refraining. Without limiting the foregoing, no Lender 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 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: Credit Agreement (Tim Hortons Inc.)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent 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 the other Credit DocumentDocuments, 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 Person by reason of so refraining. Without limiting the foregoing, no Lender 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 1 contract
Samples: Credit Agreement (Hvide Marine Inc)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent shall request 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 CreditLoan 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 Person Lender by reason of so refraining. Without limiting the foregoing, no neither any Lender or 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 CreditLoan Document in accordance with the instructions of the Required LendersLenders (or all the Lenders if required hereunder).
Appears in 1 contract
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent shall request requests instructions from the Required Lenders with respect to any act or action (including failure 176 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 Person Lender by reason of so refraining. Without limiting the foregoing, no Lender or neither any Lender, any Term Hedge Provider 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 LendersLenders or with Required Lenders Negative Consent.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Algoma Steel Group Inc.)
Certain Rights of the Administrative Agent. The Administrative Agent shall have Notwithstanding anything herein to the right to request instructions from the Required Lenders at any time. If the Administrative Agent 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 Documentcontrary, the Administrative Agent shall be entitled to refrain from such any act or the taking such of any action (including the failure to act or take an action) unless and until the Administrative Agent shall have received written instructions from the Required LendersLenders (or such other number or percentage of the Lenders as the Administrative Agent shall believe in good faith to be necessary hereunder or under the other Loan Documents); and the Administrative Agent shall not incur liability to any Person Lender by reason of so refraining. Without limiting the foregoing, no Lender 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 Loan Document in accordance with the instructions of the Required LendersLenders (or such other number or percentage of the Lenders as the Administrative Agent shall believe in good faith to be necessary hereunder or under the other Loan Documents).
Appears in 1 contract
Samples: Possession Term Loan Agreement (EveryWare Global, Inc.)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. 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 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 Person (provided that the Borrower reserves any and all rights and claims against any Lender, including the Administrative Agent in its capacity as a Lender) by reason of so refraining. Without limiting the foregoing, no Lender 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 LendersLenders where required by the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Certegy Inc)
Certain Rights of the Administrative Agent. The Administrative Agent shall have the right to request instructions from the Required Lenders at any time. If the Administrative Agent 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 Person by reason of so refraining. Without limiting the foregoing, no Lender Bank (which for purposes of this Section 11.04 includes the Swingline 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 (Omnicom Group Inc)