Consent of Purchasers. (a) Except as expressly provided herein, Agent shall have the sole and exclusive right to monitor the Notes and the Purchase Documents related thereto, including, without limitation, the right to exercise all rights, remedies, privileges and options under this Agreement and under the other Purchase Documents.
(b) Notwithstanding anything to the contrary contained in Section 9.8(a) hereof, Agent shall not without the prior written consent of the Required Purchasers then holding Notes: (i) extend any payment date under the Notes, (ii) reduce any interest rate applicable to any of the Notes, (iii) waive any Event of Default, (iv) compromise or settle all or a portion of the Indebtedness under the Notes, (v) release any obligor from the Indebtedness under the Notes except in connection with full payment and satisfaction of all Indebtedness under the Notes, (vi) amend the definition of Required Purchasers, or (vii) amend this Section 9.8(b).
(c) Notwithstanding anything to the contrary contained in Section 9.8(a) hereof, and subject to any applicable limitation set forth in Section 9.8(b) hereof, Agent shall not, without the prior written consent of Required Purchasers: (i) consent to the Company taking any action that, if taken, would constitute an Event of Default under this Agreement or under any of the other Purchase Documents or (ii) amend or modify or agree to an amendment or modification of this Agreement or other Purchase Documents.
(d) After an acceleration of the debt owed pursuant to the Notes, Agent shall have the sole and exclusive right, after consultation (to the extent reasonably practicable under the circumstances) with all Purchasers and, unless otherwise directed in writing by Required Purchasers, to exercise or refrain from exercising any and all rights, remedies, privileges and options under this Agreement or the other Purchase Documents and available at law or in equity to protect the rights of Agent and Purchasers and collect the debt owed pursuant to the Notes, including, without limitation, instituting and pursuing all legal actions brought against the Company or to collect the debt owed pursuant to the Notes, or defending any and all actions brought by the Company or other Person; or incurring expenses or otherwise making expenditures to protect the collateral, the Notes or Agent’s or any Purchaser’s rights or remedies.
Consent of Purchasers. As used in the Agreement, “consent of the Purchasers” or similar language means the consent of holders of not less than 50% of the total principal and interest outstanding on the Notes owned by Purchasers on the date consent is requested.
Consent of Purchasers. 50 9.11 This Article Not Applicable to Loan Parties.......................51
Consent of Purchasers. Any action, election, consent, or other right of a Purchaser hereunder may be made, given, and/or exercised in writing by those Purchasers holding sixty six and two-thirds percent (66 2/3%) of the aggregate outstanding principal amount of the Notes (“Majority Purchasers”) in their sole discretion. Such action, election, consent, or other right exercised may be affected by any available legal means, including at a meeting, by written consent, or otherwise. Any such action, election, consent, or other right exercised by Majority Purchasers shall apply to and be binding upon all Purchasers.
Consent of Purchasers. 8.1 Any action, election, consent, or other right of a Purchaser hereunder (including but not limited to any consent required pursuant to Section 9.6 hereof) may be made, given, and/or exercised in writing by the Majority Purchasers in their sole discretion. Such action, election, consent, or other right exercised may be affected by any available legal means, including at a meeting, by written consent, or otherwise. Any such action, election, consent, or other right exercised by Majority Purchasers shall apply to and be binding upon all Purchasers.
Consent of Purchasers. Each of the Purchasers agrees to provide its consent to Xxxxxxxxxx'x acquisition of the Xxxxxxxxxx Shares on the terms and conditions set forth in the Purchase Agreement and this Agreement.
Consent of Purchasers. Each Purchaser hereby irrevocably consents to the appointment of Sandgrain Securities, Inc. and/or its affiliates as their representative (the “Representative”) for the purposes of appointing a director designee. As used in the Agreement, “consent of the Purchasers” or similar language means the consent of the Representative. The appointment of the Representative is coupled with an interest and all authority hereby conferred shall be irrevocable and shall not be terminated by any or all of the Purchasers without the consent of the Company, which consent may be withheld for any reason, and the Representative is hereby authorized and directed to perform and consummate on behalf of the Purchasers. The Purchasers hereby hold harmless Sandgrain Securities, Inc. and SG Director Designees in office from time to time, from any and all liabilities or claims or losses other than intentional malfeasance.
Consent of Purchasers. After an acceleration of the Indebtedness, Agent may, after consultation (to the extent reasonably practicable under the circumstances) with all Purchasers and, upon written instruction from the Required Purchasers shall, exercise or refrain from exercising any and all rights, remedies, privileges and options under this Agreement or the other Transaction Documents and available at law or in equity to protect the rights of Agent and the Purchasers and collect the Indebtedness under the Senior Term Notes, including, without limitation, instituting and pursuing all legal actions brought against any Loan Party or to collect the Indebtedness under the Senior Term Notes, or defending any and all actions brought by any Loan Party or other Person; or incurring expenses or otherwise making expenditures to protect the collateral, the Senior Term Notes or Agent’s or any Purchaser’s rights or remedies.
Consent of Purchasers. 15 ARTICLE V TERMINATION, AMENDMENT, AND WAIVER ....................... 15
Consent of Purchasers. By executing this Agreement, each Purchaser hereby consents and agrees that one of the Purchasers may be purchasing a Promissory Note through a profit sharing trust (Related Purchasing Trust) or similar entity and purchasing the Warrants accompanying such Promissory Note in such Purchaser's individual capacity (Related Purchasing Individual). If the foregoing occurs, the Related Purchasing Trust and Related Purchasing Individual will each executed a copy of this Agreement and will each hereby agree that all of the terms of this Agreement and the Transaction Documents shall apply to them as if they were one Purchaser.
