No Obligations Regarding Certain Actions. Shall 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 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, that no Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose such Agent to liability or that is contrary to any Loan Document or applicable Laws;
Appears in 3 contracts
Samples: Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (DG Capital Management, LLC), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (Endurant Capital Management LP), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (TENOR CAPITAL MANAGEMENT Co., L.P.)
No Obligations Regarding Certain Actions. Shall 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 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, that no Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose 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 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), as applicable; provided, provided that no Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose such 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 powers, except discretionary rights and powers expressly contemplated hereby or by the other Loan Documents that such Administrative 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, as applicable); provided, provided that no Administrative Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose such 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.)
