MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit 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 Revolving Credit 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 Revolving Credit 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 Revolving Credit 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 Revolving Credit Lenders have provided their direction, Consent, or instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Casual Male Retail Group Inc), Loan and Security Agreement (Casual Male Retail Group Inc)
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan Partythe Borrower.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
(ii) be indemnified to that the Agent’s 's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have Loan Commitments has provided their its direction, Consent, or instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Gander Mountain Co), Loan and Security Agreement (Gander Mountain Co)
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan Credit Party.
(b) Each The Administrative Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender Secured Party unless that the Administrative Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Administrative Agent deems appropriateappropriate from the required parties; and
(ii) be indemnified to that the Administrative Agent’s 's satisfaction by the Revolving Credit Lenders Secured Parties against any and all liability and expense which may be incurred by that the Administrative 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 The Administrative Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the Administrative 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 Revolving Credit percentage of Lenders have has provided their its direction, Consent, or instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Shopko Stores Inc), Loan and Security Agreement (Shopko Stores Inc)
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan Partythe Borrower.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
(ii) be indemnified to that the Agent’s satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have Loan Commitments has provided their its direction, Consent, or instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hastings Entertainment Inc), Loan and Security Agreement (Hastings Entertainment Inc)
MISCELLANEOUS ACTIONS. (ai) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan PartyBorrower.
(bii) Each Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that Agent shall first:
(iA) receive such clear, unambiguous, written instructions as that Agent deems appropriate; and
(iiB) be indemnified to that Agent’s 's satisfaction by the Revolving Credit 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.
(ciii) Each Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit 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 Revolving Credit Lenders have Loan Commitments has provided their its direction, Consent, or instructions.
Appears in 1 contract
Samples: Loan Agreement (Natural Wonders Inc)
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan PartyBorrower.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
(ii) be indemnified to that the Agent’s 's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have Loan Commitments has provided their its direction, Consent, or instructions.
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MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan Partythe Borrower.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems deem appropriate; and
(ii) be indemnified to that the Agent’s satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have provided their direction, Consent, or instructions.
Appears in 1 contract
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan Partythe Borrower.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
(ii) be indemnified to that the Agent’s 's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have Loan Commitments has provided their its direction, Consent, or instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Hastings Entertainment Inc)
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this the within Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan PartyBorrower.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
first (i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
and (ii) be indemnified to that the Agent’s 's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the Agent by reason of taking or continuing to take any such action, unless such action had been in bad faith or had been grossly negligent, in willful misconduct, or in bad faith.
(c) Each The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have Loan Commitments has provided their its direction, Consent, or instructions.
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MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan PartyBorrower.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
and (ii) be indemnified to that the Agent’s 's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have provided their direction, Consent, or instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan PartyBorrower.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
(ii) be indemnified to that the Agent’s 's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have provided their direction, Consent, or instructions.
Appears in 1 contract
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan Party.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
(ii) be indemnified to that the Agent’s 's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have provided their direction, Consent, or instructions.
Appears in 1 contract
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan Party.the Borrowers
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
(ii) be indemnified to that the Agent’s 's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have Loan Commitments has provided their its direction, Consent, or instructions.
Appears in 1 contract
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan Partythe Borrowers.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
(ii) be indemnified to that the Agent’s 's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have Loan Commitments has provided their its direction, Consent, or instructions.
Appears in 1 contract
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan Partythe Borrower.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems appropriate; and
(ii) be indemnified to that the Agent’s satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the Agent, including its reliance on multiple counterparts, facsimile transmissions, and reasonable time limits within which such direction and instructions must be received in order to be included in a determination of whether the requisite Revolving Credit Lenders have Loan Commitments has provided their its direction, Consent, or instructions.
Appears in 1 contract
MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may exercise any right of action or enforcement against or with respect to any Loan PartyBorrower.
(b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any Loan Document on behalf of any Revolving Credit Lender unless that the Agent shall first:
(i) receive such clear, unambiguous, written instructions as that the Agent deems deem appropriate; and
(ii) be indemnified to that the Agent’s 's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by that the Agent by 117 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 The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to that the 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 Revolving Credit Lenders have provided their direction, Consent, or instructions.
Appears in 1 contract