MISCELLANEOUS ACTIONS Clause Samples
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MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Credit Agreement, no single Lender (other than any Agent, as applicable) independently may exercise any right of action or enforcement against or with respect to the Borrower.
(b) The Agents shall be fully justified in failing or refusing to take action under this Credit Agreement or any Loan Document on behalf of any Lender unless the Agents shall first:
(i) receive such clear, unambiguous, written instructions as the Agents deem appropriate; and
(ii) be indemnified to that Agent's satisfaction by the Lenders against any and all liability and expense which may be incurred by that Agent by reason of taking or continuing to take any such action, unless such action had been grossly negligent, in willful misconduct, or in bad faith.
(c) The Agents may establish reasonable procedures for the providing of direction and instructions from the Lenders to the Agents, including their reliance on multiple counterparts, facsimile transmissions, and time limits within which such directions and instructions must be received in order to be included in a determination of whether the requisite Lenders have provided their direction, consent, or instructions.
(d) No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of either of the Agents or any Lender in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Lender independently may exercise any right of action or enforcement against or with respect to any Loan Party.
(b) Each Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Lender unless that Agent shall first:
(i) receive such clear, unambiguous, written instructions as that Agent deems appropriate; and
(ii) be indemnified to that Agent’s satisfaction by the Lenders against any and all liability and expense which may be incurred by that Agent by reason of taking or continuing to take any such action, unless such action had been grossly negligent, in willful misconduct, or in bad faith.
(c) Each Agent may establish reasonable procedures for the providing of direction and instructions from the Lenders to that Agent, including its reliance on multiple counterparts, facsimile transmissions, and time limits within which such direction and instructions must be received in order to be included in a determination of whether the requisite Loan Commitments has provided its direction, Consent, or instructions.
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Lender independently may exercise any right of action or enforcement against or with respect to any Loan Party.
(b) Each Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Lender unless that Agent shall first
(i) receive such clear, unambiguous, written instructions as that Agent deems appropriate; and
(ii) be indemnified to that Agent's satisfaction by the Lenders against any and all liability and expense which may be incurred by that Agent by reason of taking or continuing to take any such action, unless such action had been grossly negligent, in willful misconduct, or in bad faith.
MISCELLANEOUS ACTIONS. 118 16.9. Actions Requiring Lead Borrower's Consent.........................119 16.10. NonConsenting Revolving Credit Lender.............................120 Article 17 - ASSIGNMENTS BY REVOLVING CREDIT LENDERS:......................121
MISCELLANEOUS ACTIONS. 106 15.9 Actions Requiring Lead Borrower's Consent.................................................... 106 15.10 NonConsenting Lender......................................................................... 107 SECTION 16 ASSIGNMENTS BY LENDERS................................................................................ 108
MISCELLANEOUS ACTIONS. Take such other actions as Seller and Purchaser may deem reasonably necessary or convenient for the consummation of the Closing, as set forth in closing instruction letters provided by parties.
MISCELLANEOUS ACTIONS. 92 15.9. ACTIONS REQUIRING BORROWERS' CONSENT.................................................92 15.10. NONCONSENTING REVOLVING CREDIT LENDER................................................92
MISCELLANEOUS ACTIONS. 178 16.9 Nonconsenting Tranche A Lenders.......................................................................179 ARTICLE XVII ASSIGNMENTS AND PARTICIPATIONS.....................................................................181 17.1 Assignments and Assumptions by Lenders................................................................181 17.2 Participations........................................................................................185 17.3 Pledges To Federal Reserve Banks......................................................................185 ARTICLE XVIII - TERM............................................................................................185 18.1 Termination of Revolving Credit.......................................................................185 18.2 Effect of Termination.................................................................................186 ARTICLE XIX - GENERAL...........................................................................................186 19.1
MISCELLANEOUS ACTIONS. 104 . 16-10. NONCONSENTING REVOLVING CREDIT LENDER:..................................................... 105 .
MISCELLANEOUS ACTIONS. Actions Requiring Lead Borrower's Consent........................... 16.10. NonConsenting Revolving Credit Lender...............................