Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent may, and if so requested by the Majority Banks and the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercise, the Banks hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 5 contracts
Samples: Unsecured Term Loan Agreement (Ramco Gershenson Properties Trust), Unsecured Term Loan Agreement (Ramco Gershenson Properties Trust), Unsecured Term Loan Agreement (Ramco Gershenson Properties Trust)
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent mayshall, and if (a) so requested by the Majority Banks and (b) the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercise, the Banks hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided PROVIDED that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Meridian Industrial Trust Inc), Revolving Credit Agreement (Schuler Homes Inc), Revolving Credit Agreement (Meridian Industrial Trust Inc)
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent may, and if so requested by the Majority Banks and the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to enforce the provisions of the Security Documents and exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercise, the Banks hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 2 contracts
Samples: Secured Master Loan Agreement (Ramco Gershenson Properties Trust), Secured Master Loan Agreement (Ramco Gershenson Properties Trust)
Duties in the Case of Enforcement. In case one or of more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent mayshall, and if (a) so requested by the Majority Banks and (b) the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may haveenforce the provisions of this Agreement. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercisesale or other disposition, the Banks (including any Bank which is not one of the Majority Banks) hereby agreeing to ratably and severally indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Grove Property Trust), Revolving Credit Agreement (Grove Property Trust)
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent may, and if so requested by the Majority Banks and the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercise, the Banks hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 2 contracts
Samples: Unsecured Term Loan Agreement (Ramco Gershenson Properties Trust), Unsecured Master Loan Agreement (Ramco Gershenson Properties Trust)
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations indebtedness evidenced by the Notes shall have occurred, the Agent mayshall, and if (a) so requested by the Majority Banks Holders and (b) the Banks Lenders have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Banks Holders may direct the Agent in writing as to the method and the extent of any such exercise, the Banks Lenders hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided PROVIDED that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 2 contracts
Samples: Credit Agreement (M I Schottenstein Homes Inc), Credit Agreement (M I Schottenstein Homes Inc)
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent mayAgents shall, and if (i) so requested by the Majority Banks and (ii) the Banks have provided to the Agent Agents such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent Agents may reasonably request, shall proceed to exercise all or any such other legal and equitable and other rights or remedies as it the Bank may havehave in respect of such Event of Default. The Majority Banks may direct the Agent Agents in writing as to the method and the extent of any such exerciseenforcement, the Banks hereby ratably (computed by reference to each Bank's Total Percentage) agreeing to indemnify and hold the Agent Agents harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent Agents need not comply with any such direction to the extent that the Agent Agents reasonably believes believe the Agent’s Agents' compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdictioninadvisable. 14.12.
Appears in 1 contract
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent mayshall, and if (a) so requested by the Majority Banks and (b) the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercise, the Banks hereby agreeing to indemnify and hold the -66- 73 Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 1 contract
Samples: Revolving Credit Agreement (New Plan Excel Realty Trust Inc)
Duties in the Case of Enforcement. In case one or of more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent mayshall, and if (a) so requested by the Majority Banks and (b) the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to enforce the provisions of this Agreement to exercise all or any such other legal and equitable and other rights or remedies as it may havehave in respect of such Borrowing Base Property. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercisesale or other disposition, the Banks hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 1 contract
Samples: Revolving Credit Agreement (Berkshire Realty Co Inc /De)
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent mayshall, and if (a) so requested by the Majority Banks and (b) the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercise, the Banks hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 1 contract
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent mayshall, and if (a) so requested by the Majority Banks and (b) the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercise, the Banks hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided PROVIDED that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 1 contract
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent mayshall, and if (i) so requested by the Majority Banks and (ii) the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any such other legal and equitable and other rights or remedies as it the Bank may havehave in respect of such Event of Default. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exerciseenforcement, the Banks hereby ratably (computed by reference to each Bank's Total Percentage) agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdictioninadvisable.
Appears in 1 contract
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent maymay and, and if so requested by the Majority Banks and the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercise, the Banks hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful in any applicable jurisdiction or commercially unreasonable under the Uniform Commercial Code as enacted in any applicable jurisdiction.
Appears in 1 contract
Samples: Bridge Loan Agreement (Windrose Medical Properties Trust)
Duties in the Case of Enforcement. In case one or of more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent mayshall, and if (i) so requested by the Majority Banks and (ii) the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any such other legal and equitable and other rights or remedies as it may have. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercisesale or other disposition, the Banks hereby agreeing to indemnify and hold the Agent Agent, harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided PROVIDED that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 1 contract
Samples: Revolving Credit Agreement (Charlotte Russe Holding Inc)
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent maymay and shall, and if (a) so requested by the Majority Banks and (b) the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Banks may direct the Agent in writing as to the method and the extent of any such exercise, the Banks hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.
Appears in 1 contract
Samples: Unsecured Revolving Loan Agreement (Ramco Gershenson Properties Trust)
Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent mayshall, and if (a) so requested by the Majority Requisite Banks and (b) the Banks have provided to the Agent such additional indemnities and assurances in accordance with their respective Commitment Percentages against expenses and liabilities as the Agent may reasonably request, shall proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Requisite Banks may direct the Agent in writing as to the method and the extent of any such exercise, the Banks hereby agreeing to indemnify and hold the Agent harmless in accordance with their respective Commitment Percentages from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s 's compliance with such direction to be unlawful in any applicable jurisdiction or commercially unreasonable under the Uniform Commercial Code as enacted in any applicable jurisdiction.
Appears in 1 contract
Samples: Revolving Credit Agreement (Crescent Real Estate Equities Co)