Common use of Confirmation of Authority; Execution of Releases Clause in Contracts

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's authority to act without any specific or further authorization or consent by Lenders, each Lender agrees to confirm in writing, upon request by Agent or Borrower, the authority to release any property covered by the Security Documents conferred upon Agent under clauses (i) through (iii) of subsection 8.2(H)(1). Upon receipt by Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1), if any, of its authority to release or compromise any particular item or types of property covered by the Security Documents, and upon at least ten (10) Business Days prior written request by Borrower, Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the benefit of Agent and Lenders, upon such Collateral, provided that (i) Agent shall not be required to execute any such document on terms which, in Agent's reasonable opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan Party, in respect of), all interests retained by any Loan Party, including (without limitation) the proceeds of any sale, all of which shall continue to constitute part of the property covered by the Security Documents.

Appears in 2 contracts

Samples: Credit Agreement (O2wireless Solutions Inc), Credit Agreement (O2wireless Solutions Inc)

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Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's authority to act without any specific or further authorization or consent by LendersLenders (as set forth in subsection 9.2(H)(1)), each Lender agrees to confirm in writing, upon request by Agent or BorrowerAgent, the authority to release any property covered by this Agreement or the Security Loan Documents conferred upon Agent under clauses (i) through (iii) of subsection 8.2(H)(19.2(H)(1). Upon So long as no Event of Default is then continuing, upon receipt by Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1), if anyLenders, of its authority to release or compromise any particular item or types of property covered by this Agreement or the Security Loan Documents, and upon at least ten five (105) Business Days prior written request by BorrowerBorrower Representative, Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, Agent for the benefit of Agent and Lenders, Lenders herein or pursuant hereto upon such Collateral; provided, provided however, that (i) Agent shall not be required to execute any such document on terms which, in Agent's reasonable opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan Party, Party in respect of), all interests retained by any Loan Party, including (including, without limitation) , the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Security Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Uniforce Temporary Personnel Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's ’s authority to act without any specific or further authorization or consent by LendersRequisite Lenders (as set forth in Section 10.4(a)), each Lender agrees to confirm in writing, upon request by Agent or Borrower, the authority to release any property Property covered by the Security Documents conferred upon Agent under clauses (i) through (iii) of subsection 8.2(H)(1Section 10.4(a). Upon So long as no Event of Default is then continuing, upon receipt by Agent of confirmation from the requisite percentage of Requisite Lenders required by subsection 8.2(H)(1), if any, of its authority to release or compromise any particular item or types of property Property covered by the Security Documents, and upon at least ten five (105) Business Days prior written request by Borrower, Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, Agent for the benefit of Agent and Lenders, Lenders or pursuant hereto upon such Collateral; provided, provided however, that (i) Agent shall not be required to execute any such document on terms which, in Agent's reasonable ’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan Party, Borrower in respect of), ) all interests retained by any Loan PartyBorrower, including (without limitation) the proceeds of any sale, all of which shall continue to constitute part of the property Property covered by the Security Documents.

Appears in 1 contract

Samples: Credit Agreement (AtriCure, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's authority to act without any specific or further authorization or consent by LendersLenders (as set forth in subsection 9.2(H)(1)), each Lender agrees to confirm in writing, upon request by Agent or BorrowerAgent, the authority to release any property covered by this Agreement or the Security Loan Documents conferred upon Agent under clauses (i) through (iii) of subsection 8.2(H)(19.2(H)(1). Upon So long as no Event of Default is then continuing, upon receipt by Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1), if anyLenders, of its authority to release or compromise any particular item or types of property covered by this Agreement or the Security Loan Documents, and upon at least ten five (105) Business Days prior written request by BorrowerBorrower Representative, Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, Agent for the benefit of Agent and Lenders, Lenders herein or pursuant hereto upon such Collateral; provided, provided however, that (i) Agent shall not be required to execute any such document on terms which, in Agent's reasonable opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan Party, in respect of), all interests retained by any Loan Party, including (including, without limitation) , the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Security Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Comforce Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's authority to act without any specific or further authorization or consent by LendersLenders (as set forth in subsection 8.2(H)(1)), each Lender agrees to confirm in writing, upon request by Agent or Borrower, the authority to release any property covered by the Security Documents conferred upon Agent under clauses (i) through (iii) of subsection 8.2(H)(1). Upon receipt by Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1), if any, of its authority to release or compromise any particular item or types of property covered by the Security Documents, and upon at least ten (10) 10 Business Days prior written request by Borrower, Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the benefit of Agent and Lenders, upon such Collateral, provided that (i) Agent shall not be required to execute any such document on terms which, in Agent's reasonable opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan Party, in respect of), all interests retained by any Loan Party, including (without limitation) the proceeds of any sale, all of which shall continue to constitute part of the property covered by the Security Documents.

Appears in 1 contract

Samples: Credit Agreement (Cherokee International Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's ’s authority to act without any specific or further authorization or consent by Lendersthe Lenders (as set forth in Section 9.1(h)(i) above), each Lender agrees to confirm in writing, upon request by Agent or BorrowerBorrowers, the authority to release any property covered by the Security Documents Collateral conferred upon Agent under clauses (iA) through and (iiiB) of subsection 8.2(H)(1Section 9.1(h)(i). Upon receipt To the extent Agent agrees to release any Lien granted to or held by Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1as authorized under Section 9.1(h)(i), if any, of its authority to release or compromise any particular item or types of property covered by the Security Documents, and upon at least ten (10A) Business Days prior written request by Borrower, Agent shall (and is hereby irrevocably authorized by the Lenders to) , execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the benefit of Agent and the Lenders, upon such Collateral; provided, provided however, that (i) Agent shall not be required to execute any such document on terms which, in Agent's reasonable ’s opinion, would expose Agent to liability or create upon Agent any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (iiB) Borrowers shall provide at least ten (10) Business Days prior written notice of any request for any document evidencing such release or compromise of the Liens and Borrowers agree that any such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and the Lenders upon (or obligations of any Loan Party, in respect of), ) all interests retained by any Loan Party, including (including, without limitation) , the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Security Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Green Plains Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent's ’s authority to act without any specific or further authorization or consent by LendersLenders (as set forth in Subsection 8.2(I)(1)), each Lender agrees to confirm in writing, upon request by Administrative Agent or Borrower, the authority to release any property covered by the Security Documents conferred upon Administrative Agent under clauses (i) through (iii) of subsection 8.2(H)(1the first sentence of Subsection 8.2(I)(1). Upon receipt by Administrative Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1), if any, of its authority to release or compromise any particular item or types of property covered by the Security DocumentsDocuments under clauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1), and upon at least ten (10) Business Days prior written request by BorrowerXxxxxxxx, Administrative Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of Agent Agents and Lenders, upon such Collateral, provided that (i) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent's reasonable ’s opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan PartyBorrower, in respect of), all interests retained by any Loan PartyBorrower in the Collateral, including (without limitation) the proceeds of any salesale or other disposition of Collateral, all of which shall continue to constitute part of the property covered by the Security Documents.

Appears in 1 contract

Samples: Credit Agreement

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent's authority to act without any specific or further authorization or consent by LendersLenders (as set forth in Subsection 8.2(I)(1), each Lender agrees to confirm in writing, upon request by Administrative Agent or Borrower, the authority to release any property covered by the Security Documents conferred upon Administrative Agent under clauses (i) through (iii) of subsection 8.2(H)(1the first sentence of Subsection 8.2(I)(1). Upon receipt by Administrative Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1)Requisite Lenders, if any, of its authority to release or compromise any particular item or types of property covered by the Security DocumentsDocuments under clauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1), and upon at least ten (10) Business Days prior written request by Borrower, Administrative Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of Agent itself and Lenders, upon such CollateralCollateral under clauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1), provided that (i) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent's reasonable opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan PartyParties, in respect of), all interests retained by any Loan PartyBorrowers in the Collateral, including (without limitation) the proceeds of any salesale or other disposition of Collateral, all of which shall continue to constitute part of the property covered by the Security Documents.

Appears in 1 contract

Samples: Credit Agreement (D&e Communications Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's authority to act without any specific or further authorization or consent by LendersLenders with respect to the release of Collateral in accordance with this Agreement and in the ordinary course of administering the Loan, each Lender agrees to confirm in writing, upon request by Agent or Borrower, the authority of Agent to release any property Collateral covered by the Security Loan Documents as conferred upon Agent by the terms of this Agreement. From and after an Event of Default or under clauses (i) through (iii) of subsection 8.2(H)(1). Upon any other circumstances, upon receipt by Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1), if anyLenders, of its authority to release or compromise any particular item or types of property Collateral covered by the Security Loan Documents, and upon at least ten (10) Business Days prior written request by Borrower, Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the benefit of Agent and Lenders, upon such Collateral, provided that (i) Agent shall not be required to execute any such document on terms which, in Agent's reasonable opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan PartyBorrower, in respect of), all interests retained by any Loan PartyBorrower, including (without limitation) the proceeds of any sale, all of which shall continue to constitute part of the property covered by the Security Loan Documents.

Appears in 1 contract

Samples: Security Agreement (Silverleaf Resorts Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent's authority to act without any specific or further authorization or consent by Lendersthe Lenders as set forth in Section 8.8.1 (Release of Collateral), each Lender agrees to confirm in writing, upon request by Agent or Borrower, writing the authority to release any property covered by this Agreement or the Security Financing Documents conferred upon the Agent under clauses Section 8.8.1 (i) through (iii) Release of subsection 8.2(H)(1Collateral). Upon So long as no Event of Default is then continuing, upon receipt by the Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1)percentage, if any, of the Lenders, of its authority to release or compromise any particular item or types of property covered by this Agreement or the Security Financing 155 Documents, and upon at least ten (10) Business Days prior written request by Borrower, the Agent shall (and is hereby irrevocably authorized by the Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, the Agent for the benefit of Agent and Lenders, the Lenders herein or pursuant hereto upon such Collateral; provided, provided however, that (ia) the Agent shall not be required to execute any such document on terms which, in the Agent's reasonable opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (iib) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan PartyPerson, in respect of), all interests retained by any Loan PartyPerson, including (including, without limitation) , the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Security Financing Documents.

Appears in 1 contract

Samples: Financing and Security Agreement (BPC Holding Corp)

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Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's authority to act without any specific or further authorization or consent by LendersLenders (as set forth in Section 11.2(H)(1)), each Lender agrees to confirm in writing, upon request by Agent or Borrower, the authority to release any property covered by this Agreement or the Security Loan Documents conferred upon Agent under clauses (i) through (iii) of subsection 8.2(H)(1Section 11.2(H)(1). Upon So long as no Event of Default is then continuing, upon receipt by Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1), if anyLenders, of its authority to release or compromise any particular item or types of property covered by this Agreement or the Security Loan Documents, and upon at least ten five (105) Business Days prior written request by Borrower, Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, Agent for the benefit of Agent and Lenders, Lenders herein or pursuant hereto upon such Collateral; provided, provided however, that (i) Agent shall not be required to execute any such document on terms which, in Agent's reasonable opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan Party, in respect of), all interests retained by any Loan Party, including (including, without limitation) , the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Security Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Industrial Data Systems Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting the Agent's authority to act without any specific or further authorization or consent by Lendersthe Lenders as set forth in Section 8.8.1, each Lender agrees to confirm in writing, upon request by Agent or Borrower, writing the authority to release any property covered by this Agreement or the Security Financing Documents conferred upon the Agent under clauses (i) through (iii) Section 8.8.1. So long as no Event of subsection 8.2(H)(1). Upon Default is then continuing, upon receipt by the Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1), if anythe Lenders, of its authority to release or compromise any particular item or types of property covered by this Agreement or the Security Financing Documents, and upon at least ten (10) Business Days prior written request by Borrower, the Agent shall (and is hereby irrevocably authorized by the Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, the Agent for the benefit of Agent and Lenders, the Lenders herein or pursuant hereto upon such Collateral; PROVIDED, provided HOWEVER, that (i) the Agent shall not be required to execute any such document on terms which, in the Agent's reasonable opinion, would expose the Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan PartyPerson, in respect of), all interests retained by any Loan PartyPerson, including (including, without limitation) , the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Security Financing Documents.

Appears in 1 contract

Samples: Financing and Security Agreement (BPC Holding Corp)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's authority to act without any specific or further authorization or consent by LendersLenders (as set forth in subsection 9.2(H)(1) above), each Lender agrees to confirm in writing, upon request by Agent or Borrower, the authority to release any property covered by the Security Documents Collateral conferred upon Agent under clauses (i) through and (iiiii) of subsection 8.2(H)(19.2(H)(1). Upon receipt by Agent of confirmation from the requisite percentage of Lenders required by (as set forth in subsection 8.2(H)(19.1(H)(1) above), if any, of its Agent's authority to release or compromise any particular item or types of property covered by the Security DocumentsLiens upon any Collateral, and upon at least ten (10) Business Days prior written request by Borrower, Agent shall (shall, and is hereby irrevocably authorized by Lenders to) , execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, for the benefit of Agent and Lenders, upon such Collateral; provided, provided however, that (i) Agent shall not be required to execute any such document on terms which, in Agent's reasonable opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of any Loan Party, in respect of), ) all interests retained by any Loan Party, including (including, without limitation) , the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Security Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Banctec Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent's ’s authority to act without any specific or further authorization or consent by LendersLenders (as set forth in Subsection 8.2(I)(1), each Lender agrees to confirm in writing, upon request by Administrative Agent or Borrower, the authority to release any property covered by the Security Documents conferred upon Administrative Agent under clauses (i) through (iii) of subsection 8.2(H)(1the first sentence of Subsection 8.2(I)(1). Upon receipt by Administrative Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1)Requisite Lenders, if any, of its authority to release or compromise any particular item or types of property covered by the Security DocumentsDocuments under clauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1), and upon at least ten (10) Business Days prior written request by Borrower, Administrative Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of Agent itself and Lenders, upon such CollateralCollateral under clauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1), provided that (i) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent's reasonable ’s opinion, would expose Administrative Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan PartyParties, in respect of), ) all interests retained by any Loan PartyParties in the Collateral, including (without limitation) the proceeds of any salesale or other disposition of Collateral, all of which shall continue to constitute part of the property covered by the Security Documents.

Appears in 1 contract

Samples: Credit Agreement (D&e Communications Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's authority to act without any specific or further authorization or consent by LendersLenders (as set forth in subsection 9.2(H)(1)), each Lender agrees to confirm in writing, upon request by Agent or Borrower, the authority to release any property covered by this Agreement or the Security Loan Documents conferred upon Agent under clauses (i) through (iii) of subsection 8.2(H)(19.2(H)(1). Upon So long as no Event of Default is then continuing, upon receipt by Agent of confirmation from the requisite percentage of Lenders required by subsection 8.2(H)(1), if anyLenders, of its authority to release or compromise any particular item or types of property covered by this Agreement or the Security Loan Documents, and upon at least ten five (105) Business Days prior written request by Borrower, Agent shall (and is hereby irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Agent, Agent for the benefit of Agent and Lenders, Lenders herein or pursuant hereto upon such Collateral; provided, provided however, that (i) Agent shall not be required to execute any such document on terms which, in Agent's reasonable opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (ii) such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of any Loan PartyBorrower, in respect of), all interests retained by any Loan PartyBorrower, including (including, without limitation) , the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Security Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Continental Information Systems Corp)

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