Instruction to Administrative Agent. The Consenting Lenders hereby: (a) authorize and instruct the Administrative Agent to execute and deliver this Amendment; and (b) acknowledge and agree that the instruction set forth in this Section 6 constitutes an instruction from the Required Lenders under the Loan Documents.
Instruction to Administrative Agent. Each of the Lenders signatory hereto (constituting Required Lenders) directs the Administrative Agent to execute this Amendment and authorizes the Administrative Agent to take action as agent on its behalf and to exercise such powers and discretion under the Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto. The Borrowers and Lenders agree that the indemnifications provided in Section 9.05 of the Credit Agreement apply to the foregoing instruction and the execution of this Amendment.
Instruction to Administrative Agent. By their execution hereof, the Consenting Lenders, who collectively constitute the Required Lenders, hereby instruct WSFS, in its capacity as Administrative Agent, to (i) acknowledge this Amendment No.1, (ii) immediately stay any and all activity relating to the Specified Liability Management Transaction Litigation, (iii) upon the satisfaction of the conditions set forth in Section 3 hereof, withdraw and dismiss, with prejudice, any claim, obligation, suit, judgment, damage, demand, debt, right, cause of action, loss and/or liability, including any derivative claim alleged or that could have been alleged in the Answer, Affirmative Defenses, and Counterclaims filed by the Administrative Agent in the Specified Liability Management Transaction Litigation, (iv) enter into the Call Right Agreement and (v) comply with the directions contained in the Direction Letter dated as of the date hereof from the Consenting Lenders representing the Required Lenders to Administrative Agent (the “Agent Direction Letter”).
Instruction to Administrative Agent. The Lenders hereby (i) authorize and instruct the Administrative Agent to execute and deliver this Amendment and that certain Letter Agreement, dated as of the date hereof, by and between the Administrative Agent and Riverstone Credit Management LLC and (ii) acknowledge and agree that the instruction set forth in this Section 12 constitutes an instruction from the Lenders under the Loan Documents, including Section 9.03 and Section 9.04 of the Credit Agreement.
Instruction to Administrative Agent. The Lenders hereby instruct the Administrative Agent to direct the Intercreditor Agent and the Collateral Agent under the Pari Passu Intercreditor Agreement to execute and deliver Amendment No. 1 to the Pari Passu Intercreditor Agreement in substantially the form attached hereto as Exhibit A. IN WITNESS WHEREOF, this Consent has been executed by the undersigned as of the date first set forth above. CLECO CORPORATE HOLDINGS LLC, as Borrower By /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Financial Officer By /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Compliance Officer & General Counsel Signature Page to Consent to the Release of Collateral (Term Loan Credit Agreement) CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH,as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Authorized Signatory By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Authorized Signatory Signature Page to Consent to the Release of Collateral (Term Loan Credit Agreement) JPMORGAN CHASE BANK, N.A.,as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Executive Director Signature Page to Consent to the Release of Collateral (Term Loan Credit Agreement) MIZUHO BANK, LTD.,as a Lender By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Authorized Signatory Signature Page to Consent to the Release of Collateral (Term Loan Credit Agreement) REGIONS BANK,as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director Signature Page to Consent to the Release of Collateral (Term Loan Credit Agreement) SUMITOMO MITSUI BANKING CORPORATION,as a Lender By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Managing Director Signature Page to Consent to the Release of Collateral (Term Loan Credit Agreement) THE BANK OF NOVA SCOTIA,as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director Signature Page to Consent to the Release of Collateral (Term Loan Credit Agreement) XXXXX FARGO BANK, N.A.,as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President Signature Page to Consent to the Release of Collateral (Term Loan Credit Agreement) MIZUHO BANK, LTD.,as Administrative Agent By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Authorized Signatory Signature Page to Consent to the Release of Collateral (Term Loan Credit Agreement) Exhibit A Amendment No. 1 to Pari Passu Intercreditor Agreement [Attached]
Instruction to Administrative Agent. Required Lenders hereby direct the Administrative Agent to enter into a Subordination Agreement with the Trustees of the Furmanite International Limited Pension Plan, subordinating the Lien of the Fixed and Floating Charges to the Lien of the Administrative Agent, upon terms and conditions satisfactory to the Administrative Agent.
Instruction to Administrative Agent. The Lenders party hereto, which constitute all of the Lenders party to the Credit Agreement, hereby (i) authorize and instruct the Administrative Agent to execute and deliver this Amendment and the Second Amended and Restated Intercreditor Agreement, as in effect on and dated as of the Amendment No. 6 Effective Date, by and among the Permitted RBL Credit Agreement Agent, the Administrative Agent and the Borrower, and (ii) acknowledge and agree that the instruction set forth in this Section 14 constitutes an instruction from the Lenders under the Loan Documents, including Section 9.03 and Section 9.04
Instruction to Administrative Agent. Each of the Lenders signatory hereto (constituting Required Lenders) directs the Administrative Agent to execute this Amendment and authorizes the Administrative Agent to take action as agent on its behalf and to exercise such powers and discretion under the Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto. In furtherance of the foregoing, the Required Lenders direct the Administrative Agent to carry out the actions contemplated by the Specified Borrowing Request. The Required Lenders signatory hereto further instruct the Administrative Agent, as loss payee, to endorse any checks relating to the INMETCO proceeds, for further application by the Borrowers in accordance with the Credit Agreement, the DIP Budget and Section 3 of this Amendment. The Borrowers and Lenders agree that the indemnifications provided in Section 9.05 of the Credit Agreement apply to the foregoing instruction and the execution of this Amendment.
Instruction to Administrative Agent. Each of the Buyers, by its acknowledgement hereof, hereby directs the Collateral Agent to execute and deliver this Amendment, and authorizes the Collateral Agent to take action as agent on its behalf and to exercise such powers and discretion under the Security Agreement, the Collateral Agency Agreement and the other Transaction Documents (as defined in the Collateral Agency Agreement) as are delegated to the Collateral Agent by the terms thereof, together with such powers and discretion as are reasonably incidental. This Section 9 is solely for the benefit of the Collateral Agent and the Buyers and neither the Grantor nor any other Person shall have rights as a third party beneficiary of the provisions in this Section 9.
Instruction to Administrative Agent. Each of the Buyers, by its acknowledgement hereof, hereby directs the Collateral Agent to execute and deliver this Amendment, and authorizes the Collateral Agent to take action as agent on its behalf and to exercise such powers and discretion under the Security Agreement, the Collateral Agency Agreement and the other Transaction Documents (as defined in the Collateral Agency Agreement) as are delegated to the Collateral Agent by the terms thereof, together with such powers and discretion as are reasonably incidental. This Section 9 is solely for the benefit of the Collateral Agent and the Buyers and neither the Grantor nor any other Person shall have rights as a third party beneficiary of the provisions in this Section 9.
