Direction to Administrative Agent. Each Lender (a) hereby directs the Administrative Agent to execute this Amendment and (b) acknowledges and agrees that the Administrative Agent has executed this Amendment in reliance of the direction set forth in clause (a).
Direction to Administrative Agent. The Lenders party hereto, constituting the Requisite Lenders, hereby (a) authorize and direct the Administrative Agent to acknowledge this Amendment, and (b) acknowledge and agree that (i) the direction in this Section 13 constitutes a direction from the Lenders under the provisions of Section 9 of the Credit Agreement and (ii) Sections 9.3 and 9.6 of the Credit Agreement (including as amended hereby) shall apply to any and all actions taken by the Administrative Agent and the Collateral Agent in accordance with such directions.
Direction to Administrative Agent. Each of the Lenders signatory hereto (constituting Required Tranche Lenders) directs the Administrative Agent to execute this Amendment and authorizes the Administrative Agent to take action as agent on its behalf and to exercise such powers and discretion under the DIP Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto. The Borrower and the Lenders agree that the indemnifications provided in Section 9.05 of the DIP Credit Agreement apply to the foregoing instruction and the execution of this Amendment.
Direction to Administrative Agent. The Lenders party hereto, constituting the Requisite Lenders, hereby (a) authorize and direct the Administrative Agent to acknowledge this Amendment and Waiver, and (b) acknowledge and agree that (i) the direction in this Section 13 constitutes a direction from the Lenders under the provisions of Section 9 of the Credit Agreement and (ii) Sections 9.3 and 9.6 of the Credit Agreement (including as amended hereby) shall apply to any and all actions taken by the Administrative Agent and the Collateral Agent in accordance with such directions. [Remainder of page left intentionally blank]
Direction to Administrative Agent. Each Lender party hereto, which collectively constitute all of the Lenders, hereby directs the Administrative Agent to enter into this Agreement.
Direction to Administrative Agent. By its execution hereof, each of the undersigned Lenders, which collectively constitute the Required Lenders, hereby (i) authorizes and directs the Administrative Agent to execute and deliver this Amendment and (ii) acknowledges and agrees that (x) the direction in this Section 14 constitutes a direction from the Required Lenders under the provisions of Section 9 of the Credit Agreement and (y) Section 9 of the Credit Agreement (including Sections 9.3 and 9.7 thereof) shall apply to any and all actions taken by the Administrative Agent in accordance with such direction. [SIGNATURE PAGES FOLLOW]
Direction to Administrative Agent. By its execution hereof, the Required Lenders direct the Administrative Agent to acknowledge this Waiver Agreement.
Direction to Administrative Agent. By signing below, each Lender authorizes and directs the Administrative Agent to execute this letter agreement.
Direction to Administrative Agent. By signing below, each Lender authorizes and directs the Administrative Agent to execute this letter agreement. THIS LETTER AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA, WITHOUT REFERENCE TO CONFLICTS OF LAWS (OTHER THAN SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW). Notwithstanding anything contained herein, these waivers (i) are limited waivers, (ii) are effective only with respect to the transactions described herein for the specific instance and the specific purpose for which they are given, (iii) shall not be effective for any other purpose or transaction, and (iv) do not constitute a basis for a subsequent waiver, consent or approval with respect to any of the provisions of the Credit Agreement. Except as expressly set forth herein, nothing herein shall constitute a waiver by the Lenders of any Default or Event of Default or a waiver by the Lenders of any right, power or remedy available to the Lenders or the other Senior Secured Parties under the Credit Agreement, whether any such defaults, rights, powers or remedies presently exist or arise in the future. This letter agreement is a Financing Document under the Credit Agreement. Upon execution by the Lenders, the Borrower and the Administrative Agent, this letter agreement shall become effective as of March 28, 2013. This letter agreement may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which when so executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this letter agreement by facsimile, portable document format, e-mail or other electronic delivery shall be effective as delivery of a manually executed counterpart of this letter agreement. Please feel free to contact us with any questions on this matter. Very truly yours, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent By: /s/ Xxxxxx Xxxxx Name: Xxxxxx X Xxxxx Title: Assistant Vice President Accepted and Agreed: ABE SOUTH DAKOTA, LLC, as Borrower By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: CEO PORTIGON AG, NEW YORK BRANCH, as Lender By: /s/ Xxxxxxxx X’Xxxxxx Name: Xxxxxxxx X’Xxxxxx Title: Executive Director By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Executive Director OSM HEARTLAND, LLC, as Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. ...
Direction to Administrative Agent. By signing below, each Lender:
