Common use of MISCELLANEOUS ACTIONS Clause in Contracts

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 Borrower. (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 such Agent shall first (i) receive such clear, unambiguous, written instructions as such Agent deem appropriate; and (ii) be indemnified to such Agent's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by such 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 Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to 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 Lenders have provided their direction, Consent, or instructions.

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 BorrowerLoan 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 such that Agent shall first: (i) receive such clear, unambiguous, written instructions as such that Agent deem deems appropriate; and (ii) be indemnified to such that Agent's ’s satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by such 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 Each Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to the 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 Lenders have Loan Commitments has provided their its direction, Consent, or instructions.

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 the 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 such the Agent shall first: (i) receive such clear, unambiguous, written instructions as such the Agent deem deems appropriate; and (ii) be indemnified to such the Agent's ’s satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by such 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) The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to 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 Lenders have Loan Commitments has provided their its direction, Consent, or instructions.

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 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 such the Agent shall first: (i) receive such clear, unambiguous, written instructions as such the Agent deem deems appropriate; and (ii) be indemnified to such the Agent's ’s satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by such 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) The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to 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 Lenders have Lender provided their direction, Consentconsent, or instructions.

MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Lender independently may shall exercise any right of action or enforcement against or with respect to any Borrowerthe Borrowers. (b) Each The Agent shall be fully justified in failing or refusing to take action under this Agreement or any other Loan Document on behalf of any Revolving Credit Lender unless such the Agent shall first (i) receive Receive such clear, unambiguous, written instructions as such the Agent deem deems appropriate; and (ii) be Be indemnified to such the Agent's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by such 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 faithfaith or shall constitute willful misconduct. (c) The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to the Agent, including its the Agent's 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 Commitment Percentage of Lenders have has provided their direction, Consent, its direction or instructions.

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 Borrowerthe 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 such the Agent shall first: (i) receive such clear, unambiguous, written instructions as such the Agent deem deems appropriate; and (ii) be indemnified to such the Agent's ’s satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by such 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) The Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to 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 Lenders have Loan Commitments has provided their its direction, Consent, or instructions.

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 Borrower. (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 such that Agent shall first (i) receive such clear, unambiguous, written instructions as such that Agent deem deems appropriate; and (ii) be indemnified to such that Agent's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by such 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 Each Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to the 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 Lenders have Loan Commitments has provided their its direction, Consent, or instructions.

MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this Agreement, no single Revolving Credit Term Lender independently may exercise any right of action or enforcement against or with respect to any BorrowerLoan 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 Term Lender unless such that Agent shall first: (i) receive such clear, unambiguous, written instructions as such that Agent deem deems appropriate; and (ii) be indemnified to such that Agent's ’s satisfaction by the Revolving Credit Term Lenders against any and all liability and expense which may be incurred by such 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 Each Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Term Lenders to the 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 Term Lenders have provided their direction, Consent, or instructions.

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 Borrower. (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 such that Agent shall first first (i) receive such clear, unambiguous, written instructions as such that Agent deem deems appropriate; and and (ii) be indemnified to such that Agent's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by such 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 Each Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to the 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 Lenders have Loan Commitments has provided their its direction, Consent, or instructions, provided that in no event shall either Agent shorten the time period for Consent.

MISCELLANEOUS ACTIONS. (a) Notwithstanding any other provision of this the within Agreement, no single Revolving Credit Lender independently may shall exercise any right of action or enforcement against or with respect to any the Borrower. (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 such that Agent shall first (i) receive such clear, unambiguous, written instructions as such that Agent deem deems appropriate; and (ii) be indemnified to such that Agent's satisfaction by the Revolving Credit Lenders against any and all liability and expense which may be incurred by such 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 Each Agent may establish reasonable procedures for the providing of direction and instructions from the Revolving Credit Lenders to the that Agent, including its that Agent's 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 Commitment of Lenders have has provided their direction, Consent, its direction or instructions.