Common use of Failure to Act Clause in Contracts

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 111 contracts

Samples: Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.)

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Failure to Act. Except for action expressly required of the Agent hereunder and or under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders by the Banks of their indemnification obligations under Section 12.5 hereof 7.05 against any and all liability and expense that which may be incurred by it the Agent by reason of taking taking, continuing to take, or continuing failing to take any such action.

Appears in 48 contracts

Samples: Credit Agreement (Cato Corp), Credit Agreement (Bassett Furniture Industries Inc), Credit Agreement (Home Depot Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and under hereunder, the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances be indemnified to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 16 contracts

Samples: Revolving Credit and Term Loan Agreement (Dynamics Research Corp), Term Loan Agreement (Pegasus Satellite Communications Inc), Day Credit Agreement (Pegasus Communications Corp /)

Failure to Act. Except for action expressly required of Agent hereunder and the Agent, as the case may be, hereunder, or under the other Financing AgreementsCredit Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 8.5 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 12 contracts

Samples: 2013 Term Loan Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc), Term Loan Agreement (Eastgroup Properties Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and or under any of the other Financing AgreementsCredit Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and or thereunder (as the case may be) unless it shall receive further assurances be indemnified to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof by the Banks against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 10 contracts

Samples: Credit Agreement (Tortoise Midstream Energy Fund, Inc.), Credit Agreement (Tortoise Energy Infrastructure Corp), Credit Agreement (Tortoise Energy Infrastructure Corp)

Failure to Act. Except for action expressly required of Agent hereunder and hereunder, under the Letters of Credit or under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 10.6 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 9 contracts

Samples: Loan Agreement (HCC Insurance Holdings Inc/De/), Loan Agreement (HCC Insurance Holdings Inc/De/), Loan Agreement (Carrols Corp)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 10.05 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 7 contracts

Samples: Credit Agreement (Suiza Foods Corp), Credit Agreement (Suiza Foods Corp), Execution Copy (Suiza Foods Corp)

Failure to Act. Except for action expressly required of Agent hereunder and or under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 10.6 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 6 contracts

Samples: Credit Agreement (Oceaneering International Inc), Loan Agreement (Oceaneering International Inc), Credit Agreement (Oceaneering International Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 9.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 6 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (American Financial Realty Trust)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsBasic Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 11.05 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 6 contracts

Samples: Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Cornell Corrections Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

Failure to Act. Except for action expressly required of an Agent hereunder and hereunder, under the Letters of Credit or under the other Financing AgreementsLoan Documents, each Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 10.6 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 6 contracts

Samples: Loan Agreement (Veritas DGC Inc), Loan Agreement (Natco Group Inc), Loan Agreement (Natco Group Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsBasic Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders the Banks of their indemnification obligations under Section 12.5 10.05 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 5 contracts

Samples: Credit Agreement (Empire Resources Inc /New/), Credit Agreement (Empire Resources Inc /New/), Credit Agreement (Empire Resources Inc /New/)

Failure to Act. Except for action expressly required of the Administrative Agent hereunder and or under any of the other Financing AgreementsCredit Documents, each Agent shall in all cases be fully justified in failing or refusing to act hereunder and or thereunder (as the case may be) unless it shall receive further assurances be indemnified to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof by the Banks against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 5 contracts

Samples: Credit Agreement (CERNER Corp), Credit Agreement (Cerner Corp /Mo/), Credit Agreement (Cerner Corp /Mo/)

Failure to Act. Except for action expressly required of any Agent hereunder and under the other Financing AgreementsLoan Documents, each Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 11.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 5 contracts

Samples: Credit Agreement (Genzyme Corp), Credit Agreement (Genzyme Corp), Credit Agreement (Genzyme Corp)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 11.6 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 5 contracts

Samples: Credit Agreement (Imax Corp), Credit Agreement (Imax Corp), Credit Agreement (Imax Corp)

Failure to Act. Except for action expressly required of any Agent hereunder and under the other Financing AgreementsLoan Documents, such Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under any Loan Document unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof SECTION 13.05 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 5 contracts

Samples: Credit Agreement (James River Coal CO), Revolving Credit Agreement (James River Coal CO), Revolving Credit Agreement (James River Coal CO)

Failure to Act. Except for action expressly required of -------------- the Agent hereunder and or under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders by the Banks of their indemnification obligations under Section 12.5 hereof 7.05 against any and all liability and expense that which may be incurred by it the Agent by reason of taking taking, continuing to take, or continuing failing to take any such action.

Appears in 5 contracts

Samples: Credit Agreement (JDN Realty Corp), Credit Agreement (JDN Realty Corp), Credit Agreement (Scansource Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Financing- Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 4 contracts

Samples: Loan and Security Agreement (Travelcenters of America LLC), Loan and Security Agreement (Travelcenters of America LLC), Loan and Security Agreement (Travelcenters of America LLC)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders Secured Parties of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 4 contracts

Samples: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 9.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 4 contracts

Samples: Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Galyans Trading Co Inc), Credit Agreement (Dicks Sporting Goods Inc)

Failure to Act. Except for action expressly required of any Agent hereunder and under the other Financing AgreementsLoan Documents, such Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under any Loan Document unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof 13.05 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 4 contracts

Samples: Petition Credit Agreement (Falcon Products Inc /De/), Counterpart Agreement (Oppenheimer Holdings Inc), Credit Agreement (Avado Brands Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsBasic Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders the Banks of their indemnification obligations under Section 12.5 11.05 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 4 contracts

Samples: Credit Agreement (Forest Oil Corp), Credit Agreement (Forest Oil Corp), Credit Agreement (Iusacell Group S a De C V)

Failure to Act. Except for action expressly required of Agent Agents hereunder and under the other Financing Agreements, each Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders (including any Lender in its capacity as a counterparty to a Hedging Agreement or provider of Bank Products and Cash Management Services) of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ulta Beauty, Inc.), Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.), Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Failure to Act. Except for action expressly required of the Agent hereunder and or under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders by the Banks of their indemnification obligations under Section 12.5 hereof 7.5 against any and all liability and expense that which may be incurred by it the Agent by reason of taking taking, continuing to take, or continuing failing to take any such action.

Appears in 3 contracts

Samples: Credit Agreement (Apple South Inc), Credit Agreement (Apple South Inc), Credit Agreement (Apple South Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and or under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 hereof 9.5 against any and all liability and expense that which may be incurred by it the Agent by reason of taking taking, continuing to take, or continuing failing to take any such action.

Appears in 3 contracts

Samples: Credit Agreement (McCormick & Co Inc), Credit Agreement (McCormick & Co Inc), Credit Agreement (McCormick & Co Inc)

Failure to Act. Except for action expressly required of Agent hereunder and hereunder, under the Letters of Credit or under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 SECTION 10.6 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 3 contracts

Samples: Loan Agreement (Consolidated Graphics Inc /Tx/), Loan Agreement (Innovative Valve Technologies Inc), Loan Agreement (Innovative Valve Technologies Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 15.7 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 3 contracts

Samples: Loan and Security Agreement (WireCo WorldGroup Poland Holdings Sp. z.o.o.), Loan and Security Agreement (1295728 Alberta ULC), Loan and Security Agreement (1295728 Alberta ULC)

Failure to Act. Except for action expressly required of an Agent hereunder and under the other Financing AgreementsLoan Documents, each Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof 10.7 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 3 contracts

Samples: Credit Agreement (Mt Investors Inc), Credit Agreement (Mt Investors Inc/), Credit Agreement (Mt Investors Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and or under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 hereof 7.05 against any and all liability and expense that which may be incurred by it the Agent by reason of taking taking, continuing to take, or continuing failing to take any such action.

Appears in 3 contracts

Samples: Credit Agreement (Starrett L S Co), Credit Agreement (Cke Restaurants Inc), Credit Agreement (Checkers Drive in Restaurants Inc /De)

Failure to Act. Except for action expressly required of Agent or any Co-Collateral Agent hereunder and under the other Financing Agreements, Agent and each Co-Collateral Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 14.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 3 contracts

Samples: Loan and Security Agreement (Nci Building Systems Inc), Loan and Security Agreement (Nci Building Systems Inc), Loan and Security Agreement (Nci Building Systems Inc)

Failure to Act. Except for action expressly required of an Agent hereunder and under the other Financing AgreementsLoan Documents, Agent the Agents shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 10.09 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 3 contracts

Samples: Participation and Loan and Security Agreement (K-Sea Tranportation Partners Lp), Participation and Loan and Security Agreement (K-Sea Tranportation Partners Lp), Participation and Loan and Security Agreement (K-Sea Transportation Partners Lp)

Failure to Act. Except for action expressly required of the Agent hereunder hereunder, under the Letters of Credit and under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 9.5 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 3 contracts

Samples: Credit Agreement (Animal Health International, Inc.), Credit Agreement (Animal Health International, Inc.), Credit Agreement (Ross Technology Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 14.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 3 contracts

Samples: Loan and Security Agreement (Nu Horizons Electronics Corp), Loan and Security Agreement (Adc Telecommunications Inc), Loan and Security Agreement (Innophos, Inc.)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 11.6 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such actionaction or if any such action may effect a forfeiture, modification or termination of property of a Defaulting Lender in violation of any Debtor Relief Law.

Appears in 3 contracts

Samples: Credit Agreement (Imax Corp), Credit Agreement (Imax Corp), Credit Agreement (Imax Corp)

Failure to Act. Except for action expressly required of the Agent hereunder and under hereunder, the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof 13.7 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 3 contracts

Samples: Credit Agreement (Interpool Inc), Credit Agreement (Interpool Inc), Credit Agreement (Interpool Inc)

Failure to Act. Except for action expressly required of the Agent hereunder under this Agreement and under the other Financing AgreementsDocuments to which the Agent is intended to be a party, the Agent shall in all cases be fully justified in failing or refusing to act hereunder under this Agreement and thereunder under the other Financing Documents unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof 10.05 against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Credit Agreement (Cheniere Energy Inc), Credit Agreement (Cheniere Energy Inc)

Failure to Act. Except for action expressly required of Agent the Agents hereunder and under the other Financing AgreementsCredit Documents, each Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 10.05 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Credit Agreement (Iridium World Communications LTD), Senior Guaranteed Credit Agreement (Iridium Facilities Corp)

Failure to Act. Except for action expressly required of an Agent hereunder and under the other Financing AgreementsOperative Documents, such Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders the Purchasers of their indemnification obligations under Section 12.5 15(e) hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Note Purchase Agreement (Virgin America Inc.), Note Purchase Agreement (Virgin America Inc.)

Failure to Act. Except for action expressly required of any Agent hereunder and under the other Financing AgreementsLoan Documents, such Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under any Loan Document unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof 12.05 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Loan Agreement (Accredited Mortgage Loan REIT Trust), Senior Secured Credit Agreement (Primus Telecommunications Group Inc)

Failure to Act. Except for action actions expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof hereunder against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Credit Agreement (Heico Corp), Credit Agreement (Golden Bear Golf Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 SECTION 9.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Loan Agreement (Ocwen Asset Investment Corp), Loan Agreement (Ocwen Asset Investment Corp)

Failure to Act. Except for action expressly required of the Agent hereunder and or under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders by the Banks of their indemnification obligations under Section 12.5 hereof 9.05 against any and all liability and expense that which may be incurred by it the Agent by reason of taking taking, continuing to take, or continuing failing to take any such action.

Appears in 2 contracts

Samples: Syndicated Credit Agreement (Winston Hotels Inc), Syndicated Credit Agreement (Winston Hotels Inc)

Failure to Act. Except for action expressly required of either Agent hereunder and hereunder, under the Letters of Credit or under the other Financing AgreementsLoan Documents, each Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 hereof 10.06 against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Credit Agreement (Evi Weatherford Inc), Credit Agreement (Evi Inc)

Failure to Act. Except for action expressly required of Agent hereunder and the Agent, as the case may be, hereunder, or under the other Financing AgreementsCredit Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 8.5 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.. 8.8

Appears in 2 contracts

Samples: Credit Agreement (Parkway Properties Inc), Credit Agreement (Parkway Properties Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and under hereunder, the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof 14.7 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Credit Agreement (Interpool Inc), Revolving Credit Agreement (Interpool Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof against 119 any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Loan and Security Agreement (New York & Company, Inc.), Loan and Security Agreement (New York & Company, Inc.)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 13.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Westpoint Stevens Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 14.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.. 139

Appears in 2 contracts

Samples: Loan and Security Agreement (Associated Materials, LLC), Loan and Security Agreement (Amh Holdings, LLC)

Failure to Act. Except for action expressly required of Agent hereunder the Agents hereunder, under the Bankers' Acceptances, under the Letters of Credit and under the other Financing AgreementsLoan Documents, Agent the Agents shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it they shall receive further assurances to its their satisfaction from Lenders by the Banks of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that which may be incurred by it them by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Credit Agreement (Seagull Energy Corp), Credit Agreement (Seagull Energy Corp)

Failure to Act. Except for action expressly required of Agent hereunder and the Agent, as -------------- the case may be, hereunder, or under the other Financing AgreementsCredit Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 8.5 hereof against ----------- any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Credit Agreement (Archstone Communities Trust/), Credit Agreement (Security Capital Pacific Trust)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Financing- Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.. 12.8

Appears in 2 contracts

Samples: Loan and Security Agreement (Gsi Group Inc), Loan and Security Agreement (Gsi Group Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 SECTION 9.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Galyans Trading Co Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 12.15 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Loan and Security Agreement (Jazz Technologies, Inc.), Loan and Security Agreement (Jazz Technologies, Inc.)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 14.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Loan and Security Agreement (Santana Products Inc.), Term Loan and Security Agreement (Santana Products Inc.)

Failure to Act. Except for action expressly required of Agent hereunder hereunder, under the Letters of Credit and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders by the Banks of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Credit Agreement (Seagull Energy Corp), Credit Agreement (Seagull Energy Corp)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 13.6 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Loan and Security Agreement (Louisiana-Pacific Corp), Loan and Security Agreement (Louisiana-Pacific Corp)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section SECTION 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Loan and Security Agreement (Kirklands Inc), Loan and Security Agreement (Kirklands Inc)

Failure to Act. Except for action expressly required of Agent hereunder and or under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 hereof 7.6 against any and all liability and expense that which may be incurred by it Agent by reason of taking taking, continuing to take, or continuing failing to take any such action.

Appears in 2 contracts

Samples: Building Loan Agreement (Brookdale Living Communities Inc), Soft Cost Loan Agreement (Brookdale Living Communities Inc)

Failure to Act. Except for action expressly required of Agent hereunder and or under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 SECTION 10.6 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Loan Agreement (HCC Insurance Holdings Inc/De/), Loan Agreement (HCC Insurance Holdings Inc/De/)

Failure to Act. Except for action expressly required of an Agent hereunder and under the other Financing Agreements, an Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 14.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 2 contracts

Samples: Loan and Security Agreement (CPG International Inc.), Loan and Security Agreement (CPG International Inc.)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 SECTION 9.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan Agreement (Terremark Worldwide Inc)

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Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing Agreements, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan and Security Agreement (U.S. Silica Holdings, Inc.)

Failure to Act. Except for any action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it thereunder; provided that the foregoing shall receive not prevent Agent from requiring further assurances from the Lenders, satisfactory to Agent in its satisfaction from Lenders sole discretion, of their indemnification obligations under Section 12.5 10.10 hereof against any and all liability and expense expenses that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan and Security Agreement (Sterling Construction Co Inc)

Failure to Act. Except for action expressly required of any Agent hereunder and under the other Financing AgreementsLoan Documents, such Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under any Loan Document unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof SECTION 13.05 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.. 100

Appears in 1 contract

Samples: Revolving Credit Agreement (James River Coal CO)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsBasic Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders the Lender of their its indemnification obligations under Section 12.5 11.04 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Credit Agreement (Clientlogic Corp)

Failure to Act. Except for action expressly required of an Agent hereunder and or under the other Financing AgreementsSecurity Agreements or the Account Control Agreement, such Agent shall in all cases be fully justified in failing or refusing to act hereunder and or thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 13.05 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan Agreement (Vitro Sa De Cv)

Failure to Act. Except for action expressly required of -------------- Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under any Loan Document unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof 12.05 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Financing Agreement (Gulf States Steel Inc /Al/)

Failure to Act. Except for action expressly required of the Agent hereunder -------------- hereunder, under the Letters of Credit and under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders by the Banks of their indemnification obligations under Section 12.5 9.5 ----------- hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Credit Agreement (Cellstar Corp)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, The Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders indemnification by the Purchaser and other holders of their indemnification obligations under Section 12.5 hereof Notes as provided herein against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Note Purchase Agreement (Crown Casino Corp)

Failure to Act. Except for action expressly required of the Agent hereunder and hereunder, under the Letters of Credit or under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 10.5 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.. 10.8

Appears in 1 contract

Samples: Credit Agreement (Sterling Chemicals Inc)

Failure to Act. Except for action expressly required of any Agent hereunder and under the other Financing AgreementsLoan Documents, such Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under any Loan Document unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof 15.05 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (SOI Holdings, Inc.)

Failure to Act. Except for action expressly required of the Agent hereunder and or under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 hereof 7.05 against any and all liability and expense that which may be incurred by it the Agent by reason of taking taking, continuing to take, or continuing failing to take any such action.. Without limiting the generality of the foregoing, the Agent:

Appears in 1 contract

Samples: Credit Agreement (Starrett L S Co)

Failure to Act. Except for action expressly required of a Agent hereunder and under the other Financing AgreementsCredit Documents, each Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders 134 of their indemnification obligations under Section 12.5 hereof 10.7 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Greif Brothers Corp)

Failure to Act. Except for action expressly required of Agent hereunder and the Agent, as the case may be, hereunder, or under the other Financing AgreementsCredit Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 SECTION 8.5 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Credit Agreement (Eastgroup Properties Inc)

Failure to Act. Except for action expressly required of Agent hereunder and or under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 10.6 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.. 10.9

Appears in 1 contract

Samples: Loan Agreement (Oceaneering International Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.thereunder:

Appears in 1 contract

Samples: Credit Agreement (International Comfort Products Corp)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 12.6 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan and Security Agreement (Officemax Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.105

Appears in 1 contract

Samples: Loan and Security Agreement (Lexington Precision Corp)

Failure to Act. Except for action expressly required of Agent hereunder and under -------------- the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under any Loan Document unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof 11.5 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 11.05 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Credit Agreement (Suiza Foods Corp)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 109 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan and Security Agreement (Global Brass & Copper Holdings, Inc.)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsBasic Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 11.05 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Subordinated Bridge Loan Agreement (Cornell Corrections Inc)

Failure to Act. Except for action expressly required of any Agent hereunder and under the other Financing AgreementsLoan Documents, such Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under any Loan Document unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 hereof 10.05 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Credit Agreement (Avado Brands Inc)

Failure to Act. Except for action expressly required of the Agent -------------- hereunder and under the other Financing AgreementsBasic Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 11.05 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Credit Agreement (Circor International Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsDocuments, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under the Financing Documents unless it shall receive further assurances be indemnified to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability liabilities and expense expenses that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Secured Loan Agreement (Airlease LTD)

Failure to Act. Except for action expressly required of Agent -------------- hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan and Security Agreement (Charming Shoppes Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and or under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further reasonable assurances to its reasonable satisfaction from by the Lenders of their indemnification obligations under Section 12.5 hereof 9.05 against any and all liability and expense that may be incurred by it the Agent by reason of taking taking, continuing to take, or continuing failing to take any such action. 1.16. 1.17.

Appears in 1 contract

Samples: Omnibus Agreement (Fountain Powerboat Industries Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under any Loan Document unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof 11.5 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and under hereunder, the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 10.05 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Credit Agreement (Florida Progress Corp)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsBasic Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from the Lenders of their indemnification obligations under Section 12.5 11.05 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.. Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Sinclair Broadcast Group Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and hereunder, under the Letters of Credit or under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 hereof SECTION 10.5 against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Credit Agreement (Equalnet Holding Corp)

Failure to Act. Except for action expressly required of any Agent hereunder and under the other Financing AgreementsLoan Documents, such Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under any Loan Document unless it shall receive further assurances to its satisfaction from the DIP Lenders of their indemnification obligations under Section 12.5 hereof 12.05 against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Priority Credit Agreement (Isolagen Inc)

Failure to Act. Except for any action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it thereunder; provided that the foregoing shall receive not prevent Agent from requiring further assurances from the Lenders, satisfactory to Agent in its satisfaction from Lenders sole discretion, of their indemnification obligations under Section 12.5 10.10 hereof against any and all liability and expense expenses that may be incurred by it by reason of taking or continuing to take any such action. Section 10.13.

Appears in 1 contract

Samples: Loan and Security Agreement (Sterling Construction Co Inc)

Failure to Act. Except for action expressly required of Agent hereunder and under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 6.4 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan and Security Agreement (Medirect Latino Inc)

Failure to Act. Except for action expressly required of Agent hereunder and hereunder, under the Letters of Credit or under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 SECTION 10.6 hereof against 54 any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan Agreement (Innovative Valve Technologies Inc)

Failure to Act. Except for action expressly required of Agent -------------- hereunder and or under the other Financing AgreementsLoan Documents, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders by Banks of their indemnification obligations under Section 12.5 hereof 3.05 against any and all liability and expense that which may be incurred by it Agent by reason of taking taking, continuing to take, or continuing failing to take any such action.

Appears in 1 contract

Samples: Syndicated Credit Agreement (Weeks Realty L P)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from by the Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that which may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Dental Partners Inc)

Failure to Act. Except for action expressly required of Agent -------------- hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders Lender of their its indemnification obligations under Section 12.5 13.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan and Security Agreement (Zany Brainy Inc)

Failure to Act. Except for action expressly required of Agent -------------- hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders Lender of their its indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan and Security Agreement (Zany Brainy Inc)

Failure to Act. Except for action expressly required of the Agent hereunder and under the other Financing AgreementsLoan Documents, the Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder under the Loan Documents unless it shall receive further assurances be indemnified to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof by the Banks against any and all liability liabilities and expense expenses that may be incurred by it by reason of taking or continuing to take any such action.

Appears in 1 contract

Samples: Loan Agreement (Dvi Inc)

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