Common use of Instructions to Agent Clause in Contracts

Instructions to Agent. The Agent: (a) must exercise its Powers in accordance with any instructions given to it by the Majority Lenders or, if specifically required to do so under a Finance Document, all Lenders; (b) must not amend or waive any provision of a Finance Document which has the effect of: (1) increasing the obligations of any Lender; or (2) changing the terms of payment of any amounts payable under the Finance Documents; or (3) changing the manner in which those payments are to be applied, without the consent of all the Lenders; (c) must not amend or waive any other provision of any Finance Document without the consent of the Majority Lenders unless the Agent is satisfied that the amendment is made to correct a manifest error or an error of a formal or technical nature only; (d) must not otherwise exercise any Power which the Finance Documents specify are to be exercised with the consent or in accordance with the instructions of the Majority Lenders or some other number of Lenders, or amend any such requirement, except with that consent or in accordance with those instructions; and (e) may refrain from acting, whether in accordance with the instructions of the Lenders or otherwise, until it has received security for any amount it reasonably believes may become payable to it by the Lenders under clause 18.11.

Appears in 1 contract

Samples: Term Facility Agreement (Paringa Resources LTD)

AutoNDA by SimpleDocs

Instructions to Agent. The Agent: (a) must exercise its Powers in accordance with any instructions given to it by the Majority Lenders Financiers or, if specifically required to do so under a Finance Transaction Document, all LendersFinanciers; (b) must not amend or waive any provision of a Finance Transaction Document which has the effect of: (1) increasing the obligations of any Lender; orFinancier; (2) changing the terms of payment of any amounts payable under the Finance Transaction Documents; or; (3) changing the manner in which those payments are to be applied; or (4) increasing the Commitment, without the consent of all of the LendersFinanciers; (c) must not amend or waive any other provision of any Finance Transaction Document without the consent of all the Majority Lenders Financiers unless the Agent is satisfied that the amendment is made to correct a manifest error or an error of a formal or technical nature only; (d) must not otherwise exercise any Power which the Finance Transaction Documents specify are to be exercised with the consent or in accordance with the instructions of all the Majority Lenders or some other number of Lenders, Financiers or amend any such requirement, except with that consent or in accordance with those instructions; and (e) may refrain from acting, whether in accordance with the instructions of all the Lenders Financiers or otherwise, until it has received security for any amount it reasonably believes may become payable to it by the Lenders Financiers under clause 18.11.

Appears in 1 contract

Samples: Bridge Facility Agreement (Apollo Gold Corp)

Instructions to Agent. The Agent: (a) must exercise its Powers in accordance with any instructions given to it by the Majority Lenders or, if specifically required to do so under a Finance Document, all Lenders; (b) must not amend or waive any provision of a Finance Document which has the effect of: (1) increasing the obligations of any Lender; or (2) changing the terms of payment of any amounts payable under the Finance Documents; or (3) changing the manner in which those payments are to be applied, without the consent of all the Lenders; (c) must not amend or waive any other provision of any Finance Document without the consent of the Majority Lenders unless the Agent is satisfied that the amendment is made to correct a manifest error or an error of a formal or technical nature only;; or (d) must not otherwise exercise any Power which the Finance Documents specify are to be exercised with the consent or in accordance with the instructions of the Majority Lenders or some other number of Lenders, or amend any such requirement, except with that consent or in accordance with those instructions; and (e) may refrain from acting, whether in accordance with the instructions of the Lenders or otherwise, until it has received security for any amount it reasonably believes may become payable to it by the Lenders under clause 18.11.

Appears in 1 contract

Samples: Project Facility Agreement (Paringa Resources LTD)

AutoNDA by SimpleDocs

Instructions to Agent. The Agent: (a) must exercise its Powers in accordance with any instructions given to it by the Majority Lenders or, if specifically required to do so under a Finance Document, all LendersFinanciers; (b) must not amend or waive any provision of a Finance Transaction Document which has the effect of: (1) increasing the obligations of any Lender; orFinancier; (2) changing the terms of payment of any amounts payable under the Finance Transaction Documents; or; (3) changing the manner in which those payments are to be applied; (4) increasing the Commitment; or (5) changing the definition of Majority Financiers, without the consent of all of the LendersFinanciers; (c) must not amend or waive any other provision of any Finance Transaction Document without the consent of all the Majority Lenders Financiers unless the Agent is satisfied that the amendment is made to correct a manifest error or an error of a formal or technical nature only; (d) must not otherwise exercise any Power which the Finance Transaction Documents specify are to be exercised with the consent or in accordance with the instructions of the Majority Lenders Financiers or some other number of Lenders, all Financiers (as the case may be) or amend any such requirement, except with that consent or in accordance with those instructions; and (e) may refrain from acting, whether in accordance with the instructions of all the Lenders Financiers or otherwise, until it has received security for any amount it reasonably believes may become payable to it by the Lenders Financiers under clause 18.11.

Appears in 1 contract

Samples: Project Facility Agreement (Apollo Gold Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!