Common use of Meaning of all Lenders Clause in Contracts

Meaning of all Lenders. Where this Agreement or any other Finance Document, provides for any matter to be determined by reference to the opinion of, or to be subject to the consent of or request of all of the Lenders or the Lenders acting unanimously or for any action to be taken on the instruction of all the Lenders, such opinion, consent, request or instructions shall (as between the Lenders) only be regarded as having been validly given or issued by all the Lenders (or the Lenders acting unanimously) if all the Lenders shall have received prior notice (the "Agent's Notice") of such matter containing a request for written instructions from such Lender to be received by the Agent within ten Business Days of the receipt of the Agent's Notice. If, in respect of a Lender, the Agent: (A) shall not have received written instructions in respect of such matter from such Lender; and (B) the Agent shall have received written instructions in respect of such matter from Lenders constituting the Majority Lenders, in each case within such time period, such Lender shall be deemed to have renounced and waived its right to make any such determination, approval, consent or provide instructions to the Agent in respect of such matter; shall not have any rights, recourse or remedy against the Agent in respect of such matter; and shall be bound (as shall the Borrower) by the determination, approval, consent or instructions of the other Lenders in respect of such matter. If the Agent gives written notice to the Borrower or any other Group Company that such unanimous consent has been obtained from all of the Lenders then the Borrower shall be entitled to assume that all the Lenders acted unanimously.

Meaning of all Lenders. Where this Agreement or any other Finance Document, provides for any matter to be determined by reference to the opinion of, or to be subject to the consent of or request of all of the Lenders or the Lenders acting unanimously or for any action to be taken on the instruction of all the Lenders, such opinion, consent, request or instructions shall (as between the Lenders) only be regarded as having been validly given or issued by all the Lenders (or the Lenders acting unanimously) if all the Lenders shall have received prior notice (the "Agent's Notice") of such matter containing a request for written instructions from such Lender to be received by the Agent or, as the case may be, the Security Trustee within ten Business Days of the receipt of the Agent's Notice. If, in respect of a Lender, the AgentAgent or the Security Trustee, as appropriate: (A) shall not have received written instructions in respect of such matter from such Lender; and (B) the Agent or the Security Trustee shall have received written instructions in respect of such matter from Lenders constituting the Majority Lenders, in each case within such time period, such Lender shall be deemed to have renounced and waived its right to make any such determination, approval, consent or provide instructions to the Agent or the Security Trustee in respect of such matter; shall not have any rights, recourse or remedy against the Agent or the Security Trustee in respect of such matter; and shall be bound (as shall the Borrower) by the determination, approval, consent or instructions of the other Lenders in respect of such matter. If the Agent gives 57 Simmons & Simmons written notice to the Borrower or any other Group othex Xxxxxwer Xxxxx Company that such unanimous consent has been obtained from all of the Lenders then the Borrower shall be entitled to assume that all the Lenders acted unanimously.

Meaning of all Lenders. Where this Agreement or any other Finance Document, provides for any matter to be determined by reference to the opinion of, or to be subject to the consent of or request of all of the Lenders or the Lenders acting unanimously or for any action to be taken on the instruction of all the Lenders, such opinion, consent, request or instructions shall (as between the Lenders) only be regarded as having been validly given or issued by all the Lenders (or the Lenders acting unanimously) if all the Lenders shall have received prior notice (the "Agent's Notice") of such matter containing a request for written instructions from such Lender to be received by the Agent or, as the case may be, the Security Trustee within ten Business Days of the receipt of the Agent's Notice. If, in respect of a Lender, the AgentAgent or the Security Trustee, as appropriate: (A) shall not have received written instructions in respect of such matter from such Lender; and (B) the Agent or the Security Trustee shall have received written instructions in respect of such matter from Lenders constituting the Majority Lenders, in each case within such time period, such Lender shall be deemed to have renounced and waived its right to make any such determination, approval, consent or provide instructions to the Agent or the Security Trustee in respect of such matter; shall not have any rights, recourse or remedy against the Agent or the Security Trustee in respect of such matter; and shall be bound (as shall the Borrower) by the determination, approval, consent or instructions of the other Lenders in respect of such matter. If the Agent gives written notice to the Borrower or any other Group Company that such unanimous consent has been obtained from all of the Lenders then the Borrower shall be entitled to assume that all the Lenders acted unanimously.