Common use of Certain Rights of the Noteholder Representative Clause in Contracts

Certain Rights of the Noteholder Representative. If the Noteholder Representative shall request instructions from the Required Purchasers with respect to any action or actions (including the failure to act) in connection with this Agreement, the Noteholder Representative shall be entitled to refrain from such act or taking such act unless and until it shall have received instructions from such Purchasers, and the Noteholder Representative shall not incur liability to any Person by reason of so refraining Without limiting the foregoing, no Purchaser shall have any right of action whatsoever against the Noteholder Representative as a result of the Noteholder Representative acting or refraining from acting hereunder in accordance with the instructions of the Required Purchasers where required by the terms of this Agreement or from acting or refraining from acting hereunder in accordance with the rights granted to it under this Agreement where no such instructions are required.

Certain Rights of the Noteholder Representative. If the Noteholder Representative shall request instructions from the Required Purchasers with respect to any action or actions (including the failure to act) in connection with this Agreement, the Noteholder Representative shall be entitled to refrain from such act or taking such act unless and until it shall have received instructions from such Purchasers, and the Noteholder Representative shall not incur liability to any Person by reason of so refraining refraining. Notwithstanding the foregoing, if the Noteholder Representative shall not have received instructions from the Required Purchasers within five (5) Business Days of its delivery of any such request for instructions made by it to the Purchasers, the Noteholder Representative shall be free to act in its own discretion and not be bound by any instructions from fewer than the Required Purchasers. Without limiting the foregoing, no Purchaser shall have any right of action whatsoever against the Noteholder Representative as a result of the Noteholder Representative acting or refraining from acting hereunder in accordance with the instructions of the Required Purchasers where required by the terms of this Agreement or from acting or refraining from acting hereunder in accordance with the rights granted to it under this Agreement where no such instructions are required.

Certain Rights of the Noteholder Representative. If the Noteholder Representative shall request instructions from the Required Purchasers Noteholders with respect to any action or actions (including the failure to act) in connection with this Agreement, the Noteholder Representative shall be entitled to refrain from such act or taking such act unless and until it shall have received instructions from such PurchasersNoteholders, and the Noteholder Representative shall not incur liability to any Person by reason of so refraining refraining. Notwithstanding the foregoing, if the Noteholder Representative shall not have received instructions from the Required Noteholders within five (5) Business Days of its delivery of any such request for instructions made by it to the Noteholders, the Noteholder Representative shall be free to act in its own discretion and not be bound by any instructions from fewer than the Required Noteholders. Without limiting the foregoing, no Purchaser Noteholder shall have any right of action whatsoever against the Noteholder Representative as a result of the Noteholder Representative acting or refraining from acting hereunder in accordance with the instructions of the Required Purchasers Noteholders where required by the terms of this Agreement or from acting or refraining from acting hereunder in accordance with the rights granted to it under this Agreement where no such instructions are required.