Common use of Decisions; Amendments, Etc Clause in Contracts

Decisions; Amendments, Etc. or (ii) in the absence of its own gross negligence, fraud or willful misconduct as determined by a court of competent jurisdiction by a final and non-appealable order. The Credit Facility Agent shall not be deemed to have knowledge or notice of the occurrence of any Loan Facility Event of Default unless the Credit Facility Agent has received a written notice in accordance with Section 9.03(d) (Action Upon Event of Default) or with Section 2.4(d) (Defaults) of the Intercreditor Agreement or from the Intercreditor Agent, the Obligors, the Pledgor or a Senior Creditor Group Representative referring to this Credit Facility Agreement, describing events or actions constituting a Loan Facility Event of Default and indicating that such notice is a notice of default. If the Credit Facility Agent receives such a notice of the occurrence of any Loan Facility Event of Default, the Credit Facility Agent shall give notice thereof to the Lenders, the Issuing Banks and the Intercreditor Agent. Subject to Article 16 (Common Remedies and Enforcement) of the Common Terms Agreement, the Credit Facility Agent shall take such action with respect to such Loan Facility Event of Default as is provided in Article IX (Default and Enforcement).

Decisions; Amendments, Etc. or (ii) in the absence of its own gross negligence, fraud or willful misconduct as determined by a court of competent jurisdiction by a final and non-non- appealable order. The Credit Facility Agent shall not be deemed to have knowledge or notice of the occurrence of any Loan Facility Event of Default unless the Credit Facility Agent has received a written notice in accordance with Section 9.03(d9.03(e) (Action Upon Event of Default) or with Section 2.4(d) (Defaults) of the Intercreditor Agreement or from the Intercreditor Agent, the Obligors, the Pledgor or a Senior Creditor Group Representative referring to this Credit Facility Agreement, describing events or actions constituting a Loan Facility Event of Default and indicating that such notice is a notice of default. If the Credit Facility Agent receives such a notice of the occurrence of any Loan Facility Event of Default, the Credit Facility Agent shall give notice thereof to the Lenders, the Issuing Banks and the Intercreditor Agent. Subject to Article 16 (Common Remedies and Enforcement) of the Common Terms Agreement, the Credit Facility Agent shall take such action with respect to such Loan Facility Event of Default as is provided in Article IX (Default and Enforcement).

Decisions; Amendments, Etc. or (ii) in the absence of its own gross negligence, fraud or willful misconduct as determined by a court of competent jurisdiction by a final and non-appealable ordermisconduct. The Credit Term Loan Facility Agent shall not be deemed to have knowledge or notice of the occurrence of any Loan Facility Event of Default unless the Credit Term Loan Facility Agent has received a written notice in accordance with Section 9.03(d8.03(d) (Action Upon Event of Default) or with Section 2.4(d) (Defaults) of the Intercreditor Agreement or from the Intercreditor Agent, the ObligorsLoan Parties, the Pledgor Holdco or a Senior Creditor Group Representative referring to this Credit Term Loan Facility Agreement, describing events or actions constituting a Loan Facility Event of Default and indicating that such notice is a notice of default. If the Credit Term Loan Facility Agent receives such a notice of the occurrence of any Loan Facility Event of Default, the Credit Term Loan Facility Agent shall give notice thereof to the Lenders, the Issuing Banks Term Lenders and the Intercreditor Agent. Subject to Article 16 (Common Remedies and Enforcement) of the Common Terms Agreement, the Credit Term Loan Facility Agent shall take such action with respect to such Loan Facility Event of Default as is provided in Article IX VIII (Default and Enforcement).

Decisions; Amendments, Etc. or (ii) in the absence of its own gross negligence, fraud or willful misconduct as determined by a court of competent jurisdiction by a final and non-appealable ordermisconduct. The Credit Term Loan Facility Agent shall not be deemed to have knowledge or notice of the occurrence of any Loan Facility Event of Default unless the Credit Term Loan Facility Agent has received a written notice in accordance with Section 9.03(d8.03(d) (Action Upon Event of Default) or with Section 2.4(d) (Defaults) of the Intercreditor Agreement or from the Intercreditor Agent, the ObligorsLoan Parties, the Pledgor Holdco or a Senior Creditor Group Representative referring to this Credit Term Loan Facility Agreement, describing events or actions constituting a Loan Facility Event of Default and indicating that such notice is a notice of default. If the Credit Term Loan Facility Agent receives such a notice of the occurrence of any Loan Facility Event of Default, the Credit Term Loan Facility Agent shall give notice thereof to the Lenders, the Issuing Banks Term Lenders and the Intercreditor Agent. Subject to Article 16 (Common Remedies and Enforcement) of the Common Terms Agreement, the Credit Term Loan Facility Agent shall take such action with respect to such Loan Facility Event of Default as is provided in Article IX ARTICLE VIII (Default and Enforcement).