Certain Rights of the Agent. If the 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 the other Loan Documents, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received written instructions from the Lenders or the Required Lenders, as applicable, and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting under this Agreement and the other 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 7 contracts
Samples: Credit Agreement (Mercer International Inc.), Credit Agreement (Mercer International Inc.), Credit Agreement (BlueLinx Holdings Inc.)
Certain Rights of the Agent. The Agent shall have the right to request instructions from the Required Lenders or, as required, each of the Lenders. If the 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 the other Loan DocumentsCredit Agreement, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received written instructions from the Lenders or the Required Lenders, as applicable, and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting under this Agreement and the other Loan Documents hereunder in accordance with the instructions of the Required Lenders, or, to the extent required by Section 9.2, all of the Lenders.
Appears in 5 contracts
Samples: Credit Agreement (Penske Motorsports Inc), Credit Agreement (Sterile Recoveries Inc), Credit Agreement (MST Enterprises Inc)
Certain Rights of the Agent. The Agent shall have the right to --------------------------- request instructions from the Required Lenders at any time. If the 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 the other Loan DocumentsCredit Agreement, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received written instructions from the Lenders or the Required Lenders, as applicable, and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting under this Agreement and the other Loan Documents hereunder in accordance with the instructions of the Required Lenders, or, to the extent required by Section 9.2, all of the Lenders.
Appears in 2 contracts
Samples: Intercreditor Agreement (Jorgensen Earle M Co /De/), Credit Agreement (Jorgensen Earle M Co /De/)
Certain Rights of the Agent. If the 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 the any other Loan DocumentsDocument, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received written instructions from the Lenders or the Required Lenders, as applicable, ; and the Agent shall not incur no liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Agent as a result of the such Agent acting or refraining from acting hereunder or under this Agreement and the any other Loan Documents Document 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
Certain Rights of the Agent. If the 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 the other Loan Documents, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received written instructions from the Lenders or the Required Lenders, as applicable, and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Agent as a result of 12298241.7 the Agent acting or refraining from acting under this Agreement and the other 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 (Canwest Media Inc)
Certain Rights of the Agent. If the 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 the any other Loan DocumentsDocument, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received written instructions from the Lenders or the Required Lenders, as applicable, ; and the 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 Agent as a result of the Agent acting or refraining from acting hereunder or under this Agreement and the any other Loan Documents Document 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: Agreement (Physician Health Corp)
Certain Rights of the Agent. The Agent shall have the right to request instructions from the Lenders at any time. If the 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 the other Loan DocumentsCredit Agreement, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received written instructions from the Majority Lenders or the Required Lenders, as applicable, and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting under this Agreement and the other Loan Documents hereunder in accordance with the instructions of the Majority Lenders or the Required Lenders, or, to the extent required by Section 9.2, all of the Lendersas applicable.
Appears in 1 contract
Samples: Credit Agreement (Di Giorgio Corp)
Certain Rights of the Agent. The Agent shall have the right to request instructions from the Lenders at any time. If the 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 the other Loan Documents-122- 130 Credit Agreement, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent shall have received written instructions from the Required Lenders or (if so provided in this Credit Agreement) the Required Lenders, as applicable, Majority Lenders and the Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Agent as a result of the Agent acting or refraining from acting under this Agreement and the other Loan Documents hereunder in accordance with the instructions of the Required Lenders, or, to Lenders or (when so provided herein) the extent required by Section 9.2, all of the Majority Lenders.
Appears in 1 contract
Samples: Credit Agreement (Ameristeel Corp)