No Obligations Regarding Certain Actions. Shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated hereby or by the other Loan Documents that Administrative Agent is required to exercise as directed in writing by Required Lenders (or such other number or percentage of Lenders as shall be expressly provided for herein or in any other Loan Documents); provided that Administrative Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose Administrative Agent to liability or that is contrary to any Loan Document or applicable Laws;
Appears in 3 contracts
Samples: Loan and Security Agreement (Live Oak Acquisition Corp), Loan and Security Agreement (Live Oak Acquisition Corp), Loan and Security Agreement (Intercloud Systems, Inc.)
No Obligations Regarding Certain Actions. Shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated hereby or by the other Loan Documents that Administrative such Agent is required to exercise as directed in writing by Required DDTL Approving Lenders (or such other number or percentage of Lenders as shall be expressly provided for herein or in any other Loan Documents); provided provided, that Administrative no Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose Administrative such Agent to liability or that is contrary to any Loan Document or applicable Laws;
Appears in 3 contracts
Samples: Loan and Security Agreement (Endurant Capital Management LP), Loan and Security Agreement (TENOR CAPITAL MANAGEMENT Co., L.P.), Loan and Security Agreement (DG Capital Management, LLC)
No Obligations Regarding Certain Actions. Shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated hereby or by the other Loan Documents that Administrative Agent is required to exercise as directed in writing by Required Lenders (or such other number or percentage of Lenders as shall be expressly provided for herein or in any other Loan Documents, as applicable); provided that Administrative Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose Administrative Agent to liability or that is contrary to any Loan Document or applicable Laws;Law; and
Appears in 1 contract
Samples: Credit Agreement (FlexShopper, Inc.)
No Obligations Regarding Certain Actions. Shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated hereby or by the other Loan Documents that Administrative such Agent is required to exercise as directed in writing by Required Lenders (or such other number or percentage of Lenders as shall be expressly provided for herein or in any other Loan Documents); provided provided, that Administrative no Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose Administrative such Agent to liability or that is contrary to any Loan Document or applicable Laws;
Appears in 1 contract
Samples: Loan and Security Agreement (INVACARE HOLDINGS Corp)
No Obligations Regarding Certain Actions. Shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated hereby or by the other Loan Documents that Administrative Agent is required to exercise as directed in writing by Required Lenders (or such other number or percentage of Lenders as shall be expressly provided for herein or in any other Loan Documents), as applicable; provided that Administrative Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose Administrative Agent to liability or that is contrary to any Loan Document or applicable Lawslaws;
Appears in 1 contract
No Obligations Regarding Certain Actions. Shall not have any duty to take any discretionary action or exercise any discretionary powerspowers (including any consent, except discretionary rights and powers expressly approval, acceptance, election, designation, use of judgment or expression of satisfaction) contemplated hereby or by the other Loan Documents that Administrative Agent is required to exercise as unless directed in writing to take such discretionary action or exercise such discretionary power by the applicable Required Lenders (or such other number or percentage of Lenders as shall be 125 β expressly provided for herein or in any other Loan DocumentsDocuments with respect to such discretionary action or discretionary power); provided that Administrative no Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose Administrative such Agent to liability or that is contrary to any Loan Document or applicable Laws;
Appears in 1 contract