Common use of Decisions of the Lenders Clause in Contracts

Decisions of the Lenders. (a) Except as expressly set forth in Sections 7.15 and 7.16 hereof, all decisions, consents, waivers, approvals and other actions (collectively, "DECISIONS") authorized to be taken under or in connection with this Agreement and the other Loan Documents by any Lender shall be taken by Agent in its discretion reasonably exercised, subject to the provisions of Section 7.4 hereof. Except as expressly provided in Sections 7.15 and 7.16 hereof, Agent (i) may consent or withhold consent to any action by Borrower, (ii) may exercise or refrain from exercising any power, rights or remedies hereunder or under the other Loan Documents or otherwise in respect of the Advances, and/or (iii) may waive any conditions in any Loan Documents, so long as such consent, exercise or waiver would not, in Agent's judgment reasonably exercised, represent a departure from the standards followed by Agent in the administration of loans held by Agent entirely for its own account. Agent may request a Decision with respect to matters described in Sections 7.15 and 7.16 hereof at any time by making a request for such Decision in writing to all of the Lenders. Any such request (x) shall contain an adequate description together with relevant background information of the Decision being requested, (y) shall specify the reasons for such request, and (z) shall state the effect of not responding to such notice as set forth in this Section 7.15. Agent will provide the Lenders with such additional information as the Lenders may reasonably request to assist such Lenders in reaching a Decision, to the extent such information is in Agent's possession or under its control. The requested Decision shall be deemed approved by the Lenders if and when Agent receives written approval from the required percentage of the Lenders as specified in Sections 7.15 and 7.16 hereof, as the case may be. If a Lender does not deliver to Agent a written objection thereto within ten (10) Business Days after hand delivery, mailing or delivery to an express courier service of the request by Agent, such Lender shall be deemed to have approved the requested Decision. If Agent is unable to contact the usual representatives of a Lender for any reason, Agent will make a good faith effort to contact other representatives of such Lender as necessary to reach a Decision within the allotted time. To the extent that Agent reasonably deems necessary, any such Decision may also be requested telephonically by Agent from each Lender with such telephonic request to be confirmed in writing by Agent. Any Decision as to which Agent has made telephonic requests for approval shall be deemed approved by the Lenders after Agent has received the written approval of the required percentage of the Lenders as specified in Sections 7.15 and 7.16 hereof. Borrower shall be promptly notified of the Decision, if such Decision was made in response to a request by Borrower.

Decisions of the Lenders. (aA) Except as expressly set forth in Sections 7.15 and 7.16 hereof, all decisions, consents, waivers, approvals and other actions (collectively, "DECISIONS") authorized to be taken under or in connection with this Agreement and the other Loan Documents by any Lender shall be taken by Agent in its discretion reasonably exercised, subject to the The provisions of Section 7.4 hereof. Except as expressly provided in Sections 7.15 and 7.16 hereof, Agent the Finance Documents may be amended or modified (iwith each one of such changes constituting an Amendment) may with the consent or withhold consent to any action by Borrower, (ii) may exercise or refrain from exercising any power, rights or remedies hereunder or under the other Loan Documents or otherwise in respect of the Advances, and/or Representative of the Borrowers (iii) may waive any conditions in any Loan Documents, so long as such consent, exercise or waiver would not, in Agent's judgment reasonably exercised, represent a departure from the standards followed by Agent in the administration of loans held by Agent entirely for acting on its own account. Agent may request a behalf and on behalf of the Borrowers) insofar as the relevant Amendment has been approved by an appropriate Decision with respect to matters described in Sections 7.15 and 7.16 hereof at any time by making a request for such Decision in writing to all of the Lenders. Any An Amendment so approved may be made physically by the Agent, who shall then sign the documents required in such request (x) shall contain an adequate description together with relevant background information regard on behalf of the Decision being requestedLenders, (y) shall specify on the reasons for such requestone hand, and by the Representative of the Borrowers, on the other hand. (zB) The Agent shall state the effect of not responding to such notice as set forth in this Section 7.15. Agent will provide the Lenders with such additional information as the Lenders may reasonably request to assist such Lenders in reaching a Decision, notify without delay any Amendment so made to the extent such information is in Agent's possession or under its control. The requested Decision shall be deemed approved by parties to the Lenders if and when Agent receives written approval from the required percentage of the Lenders as specified in Sections 7.15 and 7.16 hereofAgreement or, as the case may be. If , to the parties to any other Finance Document. (C) Any legal action in relation to the Finance Documents may only be brought by a Lender does not deliver to Agent through the Agent, as the case may be, and in any event in accordance with a written objection thereto within ten (10) Business Days after hand delivery, mailing or delivery to an express courier service Decision of the request by AgentLenders, such with each Lender shall be deemed then being required at the relevant time to have approved grant a special power of attorney to the requested Decision. If Agent is unable to contact act in the usual representatives of a Lender for any reason, Agent will make a good faith effort to contact other representatives name and on behalf of such Lender as necessary in the context of any legal or arbitral proceedings relating to reach a Finance Document. (D) Any waiver, consent or approval required in connection with any matter which, in accordance with the terms of the Agreement or any one of the other Finance Documents, must be given unanimously by the Lenders, shall only take effect if all the Lenders grant such waiver, consent or approval in writing but, subject to the satisfaction of such condition, such waiver, consent or approval may be implemented by the Agent in the name of all the Lenders. (E) It is agreed that any modification of the rights and obligations of the Agent in accordance with the terms of the Agreement and the other Finance Documents shall in any event require the prior and express consent of the Agent. (F) In the case of any decision requiring a Decision within the allotted time. To the extent that Agent reasonably deems necessary, any such Decision may also be requested telephonically by Agent from each Lender with such telephonic request to be confirmed in writing by Agent. Any Decision as to which Agent has made telephonic requests for approval shall be deemed approved by the Lenders after Agent has received the written approval of the required percentage of the Lenders as specified in Sections 7.15 and 7.16 hereof. Borrower shall be promptly notified pursuant to the Agreement or any one of the Decisionother Finance Documents, if such Decision was made in response the Lenders undertake to a request by Borroweruse their best endeavours to respond to the Agent promptly.

Decisions of the Lenders. (a) Except as expressly set forth in Sections 7.15 and 7.16 hereof, all decisions, consents, waivers, approvals and other actions (collectively, "DECISIONSDecisions") authorized to be taken under or in connection with this Agreement and the other Loan Documents by any Lender shall be taken by the Agent in its discretion reasonably exercised, subject to the provisions of Section 7.4 hereof. Except as expressly provided in Sections 7.15 and 7.16 hereof, the Agent (i) may consent or withhold consent to any action by the Borrower, (ii) may exercise or refrain from exercising any power, rights or remedies hereunder or under the other Loan Documents or otherwise in respect of the Advances, and/or (iii) may waive any conditions in any Loan Documents, so long as such consent, exercise or waiver would not, in the Agent's judgment reasonably exercised, represent a departure from the standards followed by the Agent in the administration of loans held by the Agent entirely for its own account. The Agent may request a Decision with respect to matters described in Sections 7.15 and 7.16 hereof at any time by making a request for such Decision in writing to all of the Lenders. Any such request (x) shall contain an adequate description together with relevant background information of the Decision being requested, (y) shall specify the reasons for such request, and (z) shall state the effect of not responding to such notice as set forth in this Section 7.15Section. The Agent will provide the Lenders with such additional information as the Lenders may reasonably request to assist such Lenders in reaching a Decision, to the extent such information is in the Agent's possession or under its control. The requested Decision shall be deemed approved by the Lenders if and when the Agent receives written approval from the required percentage of the Lenders as specified in Sections 7.15 and 7.16 hereof, as the case may be. If a Lender does not deliver to the Agent a written objection thereto within ten (10) Business Days after hand delivery, mailing or delivery to an express courier service of the request by the Agent, the Agent shall make a second written request for a Decision from that Lender. If the Lender does not deliver to the Agent a written objection within five (5) Business Days after hand delivery, mailing or delivery to an express courier service of such a second request, such Lender shall be deemed to have approved the requested Decision. If the Agent is unable to contact the usual representatives of a Lender for any reason, the Agent will make a good faith effort to contact other representatives of such Lender as necessary to reach a Decision within the allotted time. To the extent that the Agent reasonably deems necessary, any such Decision may also be requested telephonically by Agent from each Lender with such telephonic request to be confirmed in writing by Agent. Any Decision as to which Agent has made telephonic requests for approval shall be deemed approved by the Lenders after Agent has received the written approval of the required percentage of the Lenders as specified in Sections 7.15 and 7.16 hereof. Borrower shall be promptly notified of the Decision, if such Decision was made in response to a request by Borrower.requested

Decisions of the Lenders. (a) Except as expressly set forth in Sections 7.15 and 7.16 hereof, all decisions, consents, waivers, approvals and other actions (collectively, "DECISIONS"“Decisions”) authorized to be taken under or in connection with this Agreement and the other Loan Documents by any Lender shall be taken by Agent in its discretion reasonably exercised, subject to the provisions of Section 7.4 hereof. Except as expressly provided in Sections 7.15 and 7.16 hereof, Agent (i) may consent or withhold consent to any action by Borrower, (ii) may exercise or refrain from exercising any power, rights or remedies hereunder or under the other Loan Documents or otherwise in respect of the AdvancesLoans, and/or (iii) may waive any conditions in any Loan Documents, so long as such consent, exercise or waiver would not, in Agent's ’s judgment reasonably exercised, represent a departure from the standards followed by Agent in the administration of loans held by Agent entirely for its own account. Agent may request a Decision with respect to matters described in Sections 7.15 and 7.16 hereof at any time by making a request for such Decision in writing to all of the Lenders. Any such request (x) shall contain an adequate description together with relevant background information of the Decision being requested, (y) shall specify the reasons for such request, and (z) shall state the effect of not responding to such notice as set forth in this Section 7.157.14. Agent will provide the Lenders with such additional information as the Lenders may reasonably request to assist such Lenders in reaching a Decision, to the extent such information is in Agent's ’s possession or under its control. The requested Decision shall be deemed approved by the Lenders if and when Agent receives written approval from the required percentage of the Lenders as specified in Sections 7.15 and 7.16 hereof, as the case may be. If a Lender does not deliver to Agent a written objection thereto within ten (10) Business Days after hand delivery, mailing or by certified mail, return receipt requested, delivery to an express courier service courier, or, so long as a copy is sent by another method specified in this sentence, sent by facsimile transmission of the request by Agent, such Lender shall be deemed to have approved the requested Decision. If Agent is unable to contact the usual representatives of a Lender for any reason, Agent will make a good faith effort to contact other representatives of such Lender as necessary to reach a Decision within the allotted time. To the extent that Agent reasonably deems necessary, any such Decision may also be requested telephonically by Agent from each Lender with such telephonic request to be confirmed in writing by Agent. Any Decision as to which Agent has made telephonic requests for approval shall be deemed approved by the Lenders after Agent has received the written approval of the required percentage of the Lenders as specified in Sections 7.15 and 7.16 hereof. Borrower shall be promptly notified of the Decision, if such Decision was made in response to a request by Borrower.

Decisions of the Lenders. (a) Except as expressly set forth in Sections 7.15 and 7.16 hereof, all decisions, consents, waivers, approvals and other actions (collectively, "DECISIONSDecisions") authorized to be taken under or in connection with this Agreement and the other Loan Documents by any Lender shall be taken by the Agent in its discretion reasonably exercised, subject to the provisions of Section 7.4 hereof. Except as expressly provided in Sections 7.15 and 7.16 hereof, the Agent (i) may consent or withhold consent to any action by the Borrower, (ii) may exercise or refrain from exercising any power, rights or remedies hereunder or under the other Loan Documents or otherwise in respect of the Advances, and/or (iii) may waive any conditions in any Loan Documents, so long as such consent, exercise or waiver would not, in the Agent's judgment reasonably exercised, represent a departure from the standards followed by the Agent in the administration of loans held by the Agent entirely for its own account. The Agent may request a Decision with respect to matters described in Sections 7.15 and 7.16 hereof at any time by making a request for such Decision in writing to all of the Lenders. Any such request (x) shall contain an adequate description together with relevant background information of the Decision being requested, (y) shall specify the reasons for such request, and (z) shall state the effect of not responding to such notice as set forth in this Section 7.15Section. The Agent will provide the Lenders with such additional information as the Lenders may reasonably request to assist such Lenders in reaching a Decision, to the extent such information is in the Agent's possession or under its control. The requested Decision shall be deemed approved by the Lenders if and when the Agent receives written approval from the required percentage of the Lenders as specified in Sections 7.15 and 7.16 hereof, as the case may be. If a Lender does not deliver to the Agent a written objection thereto within ten (10) Business Days after hand delivery, mailing or delivery to an express courier service of the request by Agent, such Lender shall be deemed to have approved the requested Decision. If Agent is unable to contact the usual representatives of a Lender for any reason, Agent will make a good faith effort to contact other representatives of such Lender as necessary to reach a Decision within the allotted time. To the extent that Agent reasonably deems necessary, any such Decision may also be requested telephonically by Agent from each Lender with such telephonic request to be confirmed in writing by Agent. Any Decision as to which Agent has made telephonic requests for approval shall be deemed approved by the Lenders after Agent has received the written approval of the required percentage of the Lenders as specified in Sections 7.15 and 7.16 hereof. Borrower shall be promptly notified of the Decision, if such Decision was made in response to a request by Borrower.service