Common use of Majority Lenders’ instructions Clause in Contracts

Majority Lenders’ instructions. 26.6.1 Unless a contrary indication appears in a Finance Document, the Agent shall (i) exercise any right, power, authority or discretion vested in it as Agent in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from exercising any right, power, authority or discretion vested in it as Agent) and (ii) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with an instruction of the Majority Lenders. 26.6.2 Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 3 contracts

Sources: Loan Agreement (Luxottica Group Spa), Term Facility Agreement (Luxottica Group Spa), Bridge Facility Agreement (Luxottica Group Spa)

Majority Lenders’ instructions. 26.6.1 22.7.1 Unless a contrary indication appears in a Finance Document, the Agent shall (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 22.7.2 Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance PartiesLenders and the Arranger. 26.6.3 22.7.3 The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 22.7.4 In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 22.7.5 The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s 's consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 3 contracts

Sources: Mezzanine Bridge Facility Agreement (Aramex International LTD), Investor Loan Agreement (Aramex International LTD), Bridge Facility Agreement (Aramex International LTD)

Majority Lenders’ instructions. 26.6.1 (a) Unless a contrary indication appears in a Finance Document, the each Agent shall (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 (b) Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 The (c) Each Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 (d) In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the each Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 The (e) No Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s prior written consent) in any legal or arbitration proceedings relating to any Finance Document.. Back to Contents

Appears in 2 contracts

Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)

Majority Lenders’ instructions. 26.6.1 (a) Unless a contrary indication appears in a Finance Document, the Agent shall (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 (b) Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance PartiesLenders and the Arranger. 26.6.3 (c) The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 (d) In the absence of instructions from the Majority Lenders, Lenders (or, if appropriate, the Lenders) ), the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 (e) The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s 's consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 2 contracts

Sources: Term and Revolving Facilities Agreement (Sodexho Alliance S A), Multicurrency Revolving Facilities Agreement (Sage Group PLC)

Majority Lenders’ instructions. 26.6.1 (a) Unless a contrary indication appears in a Finance Document, the each Agent shall (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 (b) Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 The (c) Each Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 (d) In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the each Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 The (e) No Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 2 contracts

Sources: Multicurrency Revolving Credit Agreement (Abb LTD), Amendment and Restatement Agreement (Abb LTD)

Majority Lenders’ instructions. 26.6.1 (a) Unless a contrary indication appears in a Finance Document, the Agent shall (i) exercise any right, power, authority or discretion vested in it as Agent in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from exercising any right, power, authority or discretion vested in it as Agent) and (ii) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with an instruction of the Majority Lenders. 26.6.2 (b) Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 (c) The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 (d) In the absence of instructions from the Majority Lenders, Lenders (or, if appropriate, the Lenders) the Agent may act (or refrain from taking actionacting) as it considers to be in the best interest of the Lenders. 26.6.5 (e) The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 2 contracts

Sources: Senior Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Revolving Credit Facility Agreement (Seawell LTD)

Majority Lenders’ instructions. 26.6.1 25.5.1 Unless a contrary indication appears in a Finance Document, the Agent shall (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 25.5.2 Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 25.5.3 The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such Table of Contents security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 25.5.4 In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 25.5.5 The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Amendment Agreement (Promotora De Informaciones Sa /Fi)

Majority Lenders’ instructions. 26.6.1 27.7.1 Unless a contrary indication appears in a Finance Document, the Agent shall shall: (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and ); and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 27.7.2 Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance PartiesLenders and the Arranger. 26.6.3 27.7.3 The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security 94 102 as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 27.7.4 In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 27.7.5 The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s 's consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Facilities Agreement (Inveresk Research Group LTD)

Majority Lenders’ instructions. 26.6.1 (a) Unless a contrary indication appears in a Finance Document, the each Agent shall (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 (b) Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 The (c) Each Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 (d) In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the each Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 The (e) No Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s prior written consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)

Majority Lenders’ instructions. 26.6.1 (a) Unless a contrary indication appears in a Finance Document, the Agent shall (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 (b) Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance PartiesLenders and the Arrangers. 26.6.3 (c) The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 (d) In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 (e) The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Senior Facilities Agreement (Messer Griesheim Holding Ag)

Majority Lenders’ instructions. 26.6.1 1.1 Unless a contrary indication appears in a Finance Document, the Agent shall (i) exercise any right, power, authority or discretion vested in it as Agent shall: 1.1.1 act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (ii) ); and 1.1.2 not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 1.2 Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance PartiesLenders and the Arrangers. 26.6.3 1.3 The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 1.4 In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 1.5 The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s 's consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Multicurrency Revolving Facility Agreement (Misys PLC)

Majority Lenders’ instructions. 26.6.1 27.7.1 Unless a contrary indication appears in a Finance Document, the Agent shall shall: (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and ); and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 27.7.2 Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance PartiesLenders and the Arranger. 26.6.3 27.7.3 The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 27.7.4 In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 27.7.5 The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s 's consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Facilities Agreement (Inveresk Research Group Inc)

Majority Lenders’ instructions. 26.6.1 (a) Unless a contrary indication appears in a Finance Document, the Agent shall shall: (i) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and ); and (ii) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 (b) Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 (c) The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 (d) In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 (e) The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Senior Subordinated Credit Agreement (Misys PLC)

Majority Lenders’ instructions. 26.6.1 33.7.1 Unless a contrary indication appears in a Finance Document, the each Agent shall (i) exercise any right, power, authority or discretion vested in it as Agent in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from exercising any right, power, authority or discretion vested in it as Agent) and (ii) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with an instruction of the Majority Lenders. 26.6.2 33.7.2 Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 The 33.7.3 an Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 33.7.4 In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the each Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 The 33.7.5 An Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Facilities Agreement (Shire Pharmaceuticals Group PLC)

Majority Lenders’ instructions. 26.6.1 27.7.1. Unless a contrary indication appears in a Finance Document, the Facility Agent shall (i) exercise any right, power, authority or discretion vested in it as Facility Agent in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from exercising any right, power, authority or discretion vested in it as Facility Agent) and (ii) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with an instruction of the Majority Lenders. 26.6.2 27.7.2. Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 27.7.3. The Facility Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 In 27.7.4. n the absence of instructions from the Majority Lenders, (or, if appropriateapplicable, the Lenders) the Facility Agent may act (or refrain from taking action) as it considers to be in the best interest interests of the Lenders. 26.6.5 The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Term and Revolving Credit Facilities Agreement (Harmony Gold Mining Co LTD)

Majority Lenders’ instructions. 26.6.1 29.7.1 Unless a contrary indication appears in a Finance Document, the Agent shall (i) exercise any right, power, authority or discretion vested in it as Agent in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from exercising any right, power, authority or discretion vested in it as Agent) and (ii) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with an instruction of the Majority Lenders. 26.6.2 29.7.2 Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 29.7.3 The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 29.7.4 In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 29.7.5 The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)

Majority Lenders’ instructions. 26.6.1 (a) Unless a contrary indication appears in a Finance Document, the each Agent shall (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 (b) Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance PartiesLenders and the Arranger. 26.6.3 The (c) Each Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 (d) In the absence of instructions from the Majority Lenders, Lenders (or, if appropriate, the Lenders) the ), each Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 The (e) No Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Facilities Agreement (Coca-Cola Hellenic Bottling Co Sa)

Majority Lenders’ instructions. 26.6.1 (a) Unless a contrary indication appears in a Finance Document, the Agent shall (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 (b) Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance PartiesLenders and the Arrangers. 26.6.3 (c) The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 (d) In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 (e) The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s consent) in any legal or arbitration proceedings relating to any Finance Document, without first obtaining that ▇▇▇▇▇▇’s authority to act on its behalf in those proceedings.

Appears in 1 contract

Sources: Term Loan Agreement (Genesys Sa)

Majority Lenders’ instructions. 26.6.1 (a) Unless a contrary indication appears in a Finance Document, the each Agent shall (ia) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and (iib) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 (b) Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance Parties. 26.6.3 The (c) Each Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VAT) which it may incur in complying with the instructions. 26.6.4 (d) In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the each Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 The (e) No Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s prior written consent) in any legal or arbitration proceedings relating to any Finance Document.. Table of Contents

Appears in 1 contract

Sources: Syndicated Revolving Credit Agreement (Ibasis Inc)

Majority Lenders’ instructions. 26.6.1 27.7.1 Unless a contrary indication appears in a Finance Document, the Agent shall shall: (iA) exercise any right, power, authority or discretion vested in it as Agent act in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from acting or exercising any right, power, authority or discretion vested in it as Agent) and ; and (iiB) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with such an instruction of the Majority Lenders. 26.6.2 27.7.2 Unless a contrary indication appears in a Finance Document, any instructions given by the Majority Lenders will be binding on all the Finance PartiesLenders and the Co-ordinating Arranger. 26.6.3 27.7.3 The Agent may refrain from acting in accordance with the instructions of the Majority Lenders (or, if appropriate, the Lenders) until it has received such security as it may require for any cost, loss or liability (together with any associated VATservices tax) which it may incur in complying with the instructions. 26.6.4 27.7.4 In the absence of instructions from the Majority Lenders, (or, if appropriate, the Lenders) the Agent may act (or refrain from taking action) as it considers to be in the best interest of the Lenders. 26.6.5 27.7.5 The Agent is not authorised to act on behalf of a Lender (without first obtaining that Lender’s 's consent) in any legal or arbitration proceedings relating to any Finance Document.

Appears in 1 contract

Sources: Term Loan and Standby Letter of Credit Facilities (PCCW LTD)