Common use of Exercise of Powers Clause in Contracts

Exercise of Powers. The Agent shall take any action of the type specified in this Agreement or any other Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Lenders (or, to the extent this Agreement or such Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Loan Document expressly requires the direction or consent of the Required Lenders (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Lender Parties. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Lenders (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Lenders (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Appears in 2 contracts

Samples: Credit Agreement (Steel Dynamics Inc), Credit Agreement (Steel Dynamics Inc)

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Exercise of Powers. The Agent shall take any action of the type specified in this Loan Agreement or any other Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Requisite Lenders (or, to the extent this Loan Agreement or such other Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Loan Agreement or such Loan Document expressly requires the direction or consent of the Required Requisite Lenders (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Lender PartiesLenders. The Agent shall not have any liability to any Person as a result of (xi) the Agent acting or refraining from acting in accordance with the directions of the Required Requisite Lenders (or other applicable Person or set of Persons), (yii) the Agent refraining from acting in the absence of instructions to act from the Required Requisite Lenders (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (ziii) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (ziii), to the provisions of Section 8.04(a10.04(i) hereof).

Appears in 2 contracts

Samples: Revolving Credit Loan and Term Loan Agreement (DRS Technologies Inc), Revolving Credit Loan and Term Loan Agreement (DRS Technologies Inc)

Exercise of Powers. The Agent shall take any action of the type specified in this Agreement or any other Loan Transaction Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Lenders Banks (or, to the extent this Agreement or such Loan Transaction Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Loan Transaction Document expressly requires the direction or consent of the Required Lenders Banks (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Lender PartiesBanks. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Lenders Banks (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Lenders Banks (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Appears in 2 contracts

Samples: Letter of Credit Facility and Reimbursement Agreement (Xl Capital LTD), Letter of Credit Facility and Reimbursement Agreement (Xl Capital LTD)

Exercise of Powers. The Agent shall take any action of the type specified in this Agreement or any other Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Lenders Banks (or, to the extent this Agreement or such Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Loan Document expressly requires the direction or consent of the Required Lenders Banks (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Lender PartiesBanks. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Lenders Banks (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Lenders Banks (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Appears in 2 contracts

Samples: Revolving Credit Agreement (Exel LTD), Short Term Revolving Credit Agreement (Exel LTD)

Exercise of Powers. The Agent shall take any action of the type specified in this Agreement or any other Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Lenders (or, to the extent this Agreement or such Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Loan Document expressly requires the direction or consent of the Required Lenders (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Lender PartiesLenders. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Lenders (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Lenders (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof9.04(a)).

Appears in 1 contract

Samples: Credit Agreement (Aasche Transportation Services Inc)

Exercise of Powers. The Each Agent shall take any action of the type specified in this Agreement or any other Loan Document as being within the such Agent's rights, powers or discretion in accordance with directions from the Required Lenders Banks (or, to the extent this Agreement or such Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the each Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Loan Document expressly requires the direction or consent of the Required Lenders Banks (or some other Person or set of Persons), in which case the such Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Lender PartiesBanks. The Neither Agent shall not have any liability to any Person as a result of (x) the either Agent acting or refraining from acting in accordance with the directions of the Required Lenders Banks (or other applicable Person or set of Persons), (y) the either Agent refraining from acting in the absence of instructions to act from the Required Lenders Banks (or other applicable Person or set of Persons), whether or not the such Agent has discretionary power to take such action, or (z) the either Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Appears in 1 contract

Samples: Short Term Revolving Credit Agreement (Xl Capital LTD)

Exercise of Powers. The Agent shall take any action of the type ------------------ specified in this Agreement or any other Loan Transaction Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Lenders Banks (or, to the extent this Agreement or such Loan Transaction Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Loan Transaction Document expressly requires the direction or consent of the Required Lenders Banks (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Lender PartiesBanks. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Lenders Banks (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Lenders Banks (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Appears in 1 contract

Samples: Letter of Credit Facility and Reimbursement Agreement (Xl Capital LTD)

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Exercise of Powers. The Agent Each of the Agents shall take any action of the type specified in this Agreement or any other Loan Transaction Document as being within the such Agent's rights, powers or discretion in accordance with directions from the Required Lenders Banks (or, to the extent this Agreement or such Loan Transaction Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the such Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Loan Transaction Document expressly requires the direction or consent of the Required Lenders Banks (or some other Person or set of Persons), in which case the such Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Lender PartiesBanks. The No Agent shall not have any liability to any Person as a result of (x) the such Agent acting or refraining from acting in accordance with the directions of the Required Lenders Banks (or other applicable Person or set of Persons), (y) the such Agent refraining from acting in the absence of instructions to act from the Required Lenders Banks (or other applicable Person or set of Persons), whether or not the such Agent has discretionary power to take such action, or (z) the such Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Appears in 1 contract

Samples: Letter of Credit Facility and Reimbursement Agreement (Alleghany Corp /De)

Exercise of Powers. The Agent Each of the Agents shall take any action of the type specified in this Agreement or any other Loan Transaction Document as being within the such Agent's rights, powers or discretion in accordance with directions from the Required Lenders Banks (or, to the extent this Agreement or such Loan Transaction Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the such Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Loan Transaction Document expressly requires the direction or consent of the Required Lenders Banks (or some other Person or set of Persons), in which case the such Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Lender PartiesBanks. The No Agent shall not have any liability to any Person Bank or affiliate of any Bank as a result of (x) the such Agent acting or refraining from acting in accordance with the directions of the Required Lenders Banks (or other applicable Person or set of Persons), (y) the such Agent refraining from acting in the absence of instructions to act from the Required Lenders Banks (or other applicable Person or set of Persons), whether or not the such Agent has discretionary power to take such action, or (z) the such Agent taking discretionary action it is authorized to take under this Section (subject, in the case of this clause (z), to the provisions of Section 8.04(a) hereof).

Appears in 1 contract

Samples: Credit Agreement (Alleghany Corp /De)

Exercise of Powers. The Agent shall take any action of the type ------------------ specified in this Agreement or any other Loan Document as being within the Agent's rights, powers or discretion in accordance with directions from the Required Lenders (or, to the extent this Agreement or such Loan Document expressly requires the direction or consent of some other Person or set of Persons, then instead in accordance with the directions of such other Person or set of Persons). In the absence of such directions, the Agent shall have the authority (but under no circumstances shall be obligated), in its sole discretion, to take any such action, except to the extent this Agreement or such Loan Document expressly requires the direction or consent of the Required Lenders (or some other Person or set of Persons), in which case the Agent shall not take such action absent such direction or consent. Any action or inaction pursuant to such direction, discretion or consent shall be binding on all the Lender PartiesLenders. The Agent shall not have any liability to any Person as a result of (x) the Agent acting or refraining from acting in accordance with the directions of the Required Lenders (or other applicable Person or set of Persons), (y) the Agent refraining from acting in the absence of instructions to act from the Required Lenders (or other applicable Person or set of Persons), whether or not the Agent has discretionary power to take such action, or (z) the Agent taking discretionary action it is authorized to take under this Section 9.3 (subject, in the case of this clause (z), to the provisions of Section 8.04(a9.4(a) hereof).

Appears in 1 contract

Samples: Credit Agreement (Korn Ferry International)

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