Lender's Actions. The authority herein conferred upon Lender and any action taken by Lender hereunder or in any other Loan Document will be taken by Lender for its own protection only, and Lender does not and shall not be deemed to have assumed any responsibility to Borrower or to any other person or persons with respect to any such action herein authorized or taken by Lender. No person shall be entitled to rely upon, or claim to have relied upon, any action taken or failed to have been taken by Lender or any of its representatives.
Lender's Actions. Each Borrower acknowledges that its obligations and liabilities hereunder or under any other Loan Document may derive from value provided directly to another party and, in full recognition of that fact, each Borrower consents and agrees that Lender may, at any time and from time to time, without notice to, demand on, or the agreement of, such party, and without affecting the enforceability or security of the Loan Documents: (a) accept new or additional instruments, documents or agreements in exchange for, or relative to, any of the Loan Documents or the Total Obligations or any part thereof; (b) accept partial payments on the Total Obligations; (c) receive and hold additional security or guaranties for the Total Obligations or any part thereof; (d) release, reconvey, terminate, waive, abandon, subordinate, exchange, substitute, transfer and enforce any security or guaranties, and apply any security and direct the order or manner of sale thereof as Lender in its sole and reasonable discretion may determine; (e) release any party or any guarantor from any personal liability with respect to the Total Obligations or any part thereof; (f) settle, release on terms satisfactory to Lender, or by operation of applicable laws or otherwise liquidate or enforce any of the Total Obligations and any security or guaranty in any manner, consent to the transfer of any security, and bid and purchase at any sale; and/or (g) consent to the merger, change or any other restructuring or termination of the existence of any Borrower or any other person or entity, and correspondingly restructure the Total Obligations, continuing existence of any lien under any other Loan Document to which a Borrower is a party or the enforceability hereof or thereof with respect to all or part of the Total Obligations.
Lender's Actions. The Lender agrees that at any time which Lender may, in accordance with this Agreement, act within its "discretion" or its "sole discretion" or in exercising its right to "consent," Lender shall exercise good faith and act in a commercially reasonable manner.
Lender's Actions. The remedies of Lender as provided herein or in any document executed in connection with this Note, shall be cumulative and concurrent, and may be pursued singularly, successively or together, at the sole discretion of Lender, and may be exercised as often as occasion therefor shall arise. Failure of Lender, for any period of time or on more than one occasion, to exercise its option to accelerate the maturity of this Note shall not constitute a waiver of the right to exercise the same at any time thereafter or in the event of any subsequent default. No act of omission or commission of Lender, including specifically any failure to exercise any right, remedy or recourse, shall be deemed to be a waiver or release of the same and any such waiver or release is to be effected only through a written document executed by Lender and then only to the extent specifically recited therein. A waiver or release with reference to any one event shall not be construed as a waiver or release of any subsequent event or as a bar to any subsequent exercise of Lender's rights or remedies hereunder. Except as otherwise specifically required herein, notice of the exercise of any right or remedy granted to Lender by this Note is not required to be given.
Lender's Actions. The authority herein conferred upon the Agent and the Lenders and any action taken by the Agent or any Lender hereunder or under the Credit Agreement and any Loan Document or any document, agreement or instrument referred to herein will be taken by the Agent and the Lender for the protection of the Agent and the Lenders only, and the Agent and the Lenders do not assume and shall not be deemed to have assumed any responsibility to the Borrowers or Guarantor or to any other persons with respect to any such action authorized or taken by the Agent or any Lender. Except for the specific rights and obligations of the Agent and the Lenders set forth in this Agreement, no other party hereto shall be entitled to rely upon, or claim to have relied upon, any action taken or failed to have been taken by the Agent or any Lender or their respective consultants, agents, employees or representatives.
Lender's Actions. The authority herein conferred upon Lender and any action taken by Lender hereunder will be taken by
Lender's Actions. Any Letter of Credit may, in the discretion of the Lender or its correspondents, be interpreted by them in accordance with the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, as adopted or amended from time to time, or any other rules, regulations and customs prevailing at the place where any Letter of Credit is available or the drafts are drawn or negotiated. The Lender and its correspondents may accept and act upon the name, signature, or act of any Person purporting to be the executor, administrator, receiver, trustee in bankruptcy, or other legal representative of any Person designated in any Letter of Credit in the place of such designated Person. The Lender or its correspondents may honor drafts under a Letter of Credit relative to shipments in excess of the quantity called for in any Letter of Credit, provided, that the Reimbursement Obligation of the Borrower for payments made or obligations incurred on such drafts shall be limited to the amount of the Letter of Credit. Unless otherwise specified in any Letter of Credit, the Lender and its correspondents may accept as "bills of lading" any documents acknowledging receipt by the carrier for transportation.
Lender's Actions. Lender may take or release the Pledged Collateral or other security, may release any party primarily or secondarily liable for any Indebtedness to Lender, may grant extensions, renewals or indulgences with respect to such Indebtedness, and may apply any other security therefor held by it to the satisfaction of such Indebtedness, all without prejudice to any of its rights or Pledgor’s Obligations hereunder or under any of the other Loan Documents.
Lender's Actions. The Lenders will do all things that the Security Agent reasonably requests in relation to the Transaction Security in order to give effect to this Clause 8 and, if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 or if the Security Agent requests any Lender to take that action, that Lender will undertake those actions itself in accordance with the reasonable instructions of the Security Agent or will grant a power of attorney to the Security Agent (on such terms as the Security Agent may reasonably require) to enable the Security Agent to take such action.
Lender's Actions. Notwithstanding any provision herein to the contrary, any action or omission which would otherwise constitute or result in an Event of Default or breach of any covenant under this Agreement or the Note shall not constitute an Event of Default or breach of such covenant if such action or omission was either specifically approved or consented to by Lender or by Xxxxx in any capacity or if such action was caused by Xxxxx'x negligence or willful misconduct, PROVIDED that actions or omissions shall not be considered to be approved or consented to by Lender or Xxxxx to the extent that Xxxxx was authorized or directed to take or omit to take such actions by Borrower's Board of Directors or Chief Executive Officer or if such actions or omissions were the result of the inability of Borrower to take or to omit to take such actions due to the absence of available funds or for another reason. Any approval, consent, action or omission by Lender or Xxxxx which results in the absence of an Event of Default or breach of a covenant (including, without limitation, any agreement or consent to the delay in payment of amounts due under the Note or this Agreement or failure to exercise any of Lender's rights under this Agreement or the Note) shall not be deemed to constitute a waiver of any future Event of Default or breach of a covenant, or consent or agreement to any continued delay in payment or forbearance from asserting rights or remedies under this Agreement, the Note or at law or in equity or shall preclude the exercise by Lender of all rights and remedies with respect to such future Event of Default or breach of any covenant.
