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.
Appears in 10 contracts
Samples: Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD)
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.
Appears in 7 contracts
Samples: Revolving Credit and Term Loan Agreement (Hardinge Inc), Revolving Credit and Term Loan Agreement (Hardinge Inc), Credit Agreement (Frontier Corp /Ny/)
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.
Appears in 6 contracts
Samples: Credit Agreement (United Capital Corp /De/), Credit Agreement (United Capital Corp /De/), Revolving Credit Agreement (United Capital Corp /De/)
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.
Appears in 5 contracts
Samples: Loan Agreement (Coolbrands International Inc), Loan Agreement (Coolbrands International Inc), Loan Agreement (Del Laboratories Inc)
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.
Appears in 4 contracts
Samples: Credit Agreement (Daka International Inc), Credit Agreement (Hampshire Group LTD), Credit Agreement (Daka International Inc)
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.
Appears in 4 contracts
Samples: Loan Agreement (Gristedes Foods Inc), Loan Agreement (Hirsch International Corp), Loan Agreement (Gristedes Foods Inc)
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.
Appears in 4 contracts
Samples: Credit Agreement (Movado Group Inc), Credit Agreement (Computer Task Group Inc), Credit Agreement (Cross Media Marketing Corp)
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.
Appears in 3 contracts
Samples: Credit Agreement (Lauder Ronald S), Credit Agreement (Lauder Ronald S), Credit Agreement (Amscan Holdings Inc)
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.
Appears in 2 contracts
Samples: Loan Agreement (Manchester Equipment Co Inc), Loan Agreement (Manchester Equipment Co Inc)
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.
Appears in 2 contracts
Samples: Credit Agreement (Conmed Corp), Term Loan Agreement (Ivc Industries Inc)
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.
Appears in 2 contracts
Samples: Credit Agreement (Macdermid Inc), Credit Agreement (Macdermid Inc)
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.
Appears in 2 contracts
Samples: Credit Agreement (Pacific Ethanol, Inc.), Credit Agreement (Pacific Ethanol, Inc.)
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.
Appears in 2 contracts
Samples: Revolving Credit Agreement (PDK Labs Inc), Revolving Credit Agreement (Futurebiotics Inc)
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.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Transmation Inc), Credit Agreement (Seneca Foods Corp /Ny/)
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.
Appears in 1 contract
Samples: Credit Agreement (Hawk Corp)
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.
Appears in 1 contract
Samples: Credit Agreement (Southwest Iowa Renewable Energy, LLC)
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Credit Agreement (Interlogix Inc)
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)
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.
Appears in 1 contract
Samples: Credit and Security Agreement (Winstar Communications Inc)
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.
Appears in 1 contract
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 actionss.
Appears in 1 contract
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
Appears in 1 contract
Samples: Revolving Credit Agreement (Genovese Drug Stores Inc)
