Common use of Failure of Agent to Act Clause in Contracts

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateral) of the indemnification obligations of the Banks under Section 12.05 hereof in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof 10.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof 11.5 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks Lenders under Section 12.05 7.05 hereof in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof 7.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks Lenders under Section 12.05 hereof 11.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof 10.5 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof 8.5 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof 11.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it the Agent shall have received further assurances (which may include Cash Collateralcash collateral to the extent permitted by law) of the indemnification obligations of the Banks under Section 12.05 hereof 10.5 in respect of any and all liability and expense which may be incurred by it the Agent by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof SECTION 10.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 7.05 hereof in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateral) of the indemnification obligations of the Banks under Section 12.05 hereof 8.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly ----------------------- required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks Lenders under Section 12.05 hereof (S) 11.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof 10.4 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks Lenders under Section 12.05 hereof in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks Lenders under Section 12.05 hereof ss. 11.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks Lenders under Section 12.05 hereof SECTION 11.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 11.5 hereof in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof 11.5 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.. 55

Failure of Agent to Act. Except for action expressly required of the an Agent hereunder, the each Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof SECTION 9.5 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 hereof 9.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks Lenders under Section 12.05 hereof section 11.05 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks under Section 12.05 11.05 hereof in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.

Failure of Agent to Act. Except for action expressly required of the Agent hereunder, the Agent shall in all cases be fully justified in failing or refusing to act hereunder unless it shall have received further assurances (which may include Cash Collateralcash collateral) of the indemnification obligations of the Banks Lenders under Section 12.05 hereof 10.5 in respect of any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.