Participant Consents Sample Clauses
The Participant Consents clause establishes that individuals or entities participating in an activity, program, or agreement explicitly agree to certain terms, such as the collection and use of their personal information, participation requirements, or adherence to specific rules. In practice, this clause may require participants to acknowledge their understanding of privacy policies, grant permission for the use of their likeness in promotional materials, or consent to data processing for administrative purposes. Its core function is to ensure that all participants are informed and have provided their agreement, thereby protecting the organization from legal disputes related to consent and compliance.
Participant Consents. Each Loan Party acknowledges that Participants have and will have certain rights under their respective participation agreements with Lender that may, subject to the terms of the participation agreements, require Lender to obtain the consent (collectively, “Participant Consents”) of some or all of the Participants before Lender takes or refrains from taking certain actions (other than as expressly required by the Loan Documents) or grants certain waivers, consents or approvals in respect of the Loans, the Loan Documents or the Loan Collateral. None of the Participants, however, will have Participant Consent rights which are greater than those rights and remedies Lender has under the Loan Documents. In addition, from time to time, Lender may request instructions from the Participants in respect of the actions, waivers, consents or approvals which by the terms of any of the Loan Documents Lender is permitted or required to take or to grant or to not take or grant (“Participant Instructions”). If the Participant Consents are, pursuant to the terms of the respective participation agreements, required or Participant Instructions are requested, Lender will (i) be absolutely empowered to take or refrain from taking any action (other than as expressly required by the Loan Documents) or withhold any waiver, consent or approval and (ii) not be under any liability whatsoever to any Person, including any Borrower and any Participant, from taking or refraining from taking any action or withholding any waiver, consent or approval under any of the Loan Documents until it has received the requisite Participant Consents or, as applicable, the Participant Instructions. Further, in the event a Participant fails to fund its portion of any of the Loans, Lender shall be under no obligation to fund any portion of any of the Loans that was not funded by such Participant. Borrowers do hereby indemnify, defend, save and hold Lender, its Affiliates, and their respective officers, directors, attorneys, and employees harmless of, from and against all claims, demands, liabilities, judgments, losses, damages, costs and expenses, joint or several (including all accounting fees and reasonable attorneys’ fees), that Lender or any such indemnified party may incur as a result of a Participant failing to fund its portion of any Loan or failing to give a Participant Consent.
Participant Consents. The Lender shall have received the written consent of each participant in the Term Loan to the provisions of this Agreement.
Participant Consents. FMO has received satisfactory written consents from each of the Participants in relation to the execution of this Agreement and the Security Account and Control Agreement and the transactions contemplated hereby and thereby.
Participant Consents. (a) Under the terms and conditions of the Customer Program, Customer shall have been provided by each Consumer Participant with its consent and authorization to:
(1) use such Consumer Participant's Transaction Data as contemplated and as actually used in the Customer Program;
(2) cause such Consumer Participant's Transaction Data to be provided to CCI for use as contemplated in this Agreement; and
(3) use such Consumer Participant's Transaction Data and to license or permit CCI to use such Consumer Participant's Transaction Data as contemplated in this Agreement.
(b) Customer shall obtain and cause each Merchant Participant to sign a written authorization and instruction that provides as follows:
(1) Each Merchant Participant shall instruct and direct the Acquirer of its Consumer Participant card transactions (if any) to report its Transaction Data to CCI, and to cause the clearing and settlement agents within the VISA/MasterCard bank card and/or commercial issuer interchange network(s), as applicable, to report Participant Transaction Data to CCI, through a telecommunications link with or to CCI;
(2) Each Merchant Participant shall authorize Customer to use such Merchant Participant's Transaction Data as contemplated and as actually used in the Customer Program; and
(3) Each Merchant Participant shall authorize Customer to use such Merchant Participant's Transaction Data and to license or permit CCI to use such Merchant Participant's Transaction Data as contemplated in this Agreement.
(c) Customer shall have obtained each of the consents, authorization and instructions as provided in Sections 7.1(a) and (b) above prior to causing such Participant Transaction Data to be provided to CCI, allowing Qualified Record or other reports to be made by CCI to Customer concerning such Transaction Data, or otherwise used as contemplated in this Agreement. Customer further covenants that during the term of this Agreement:
(1) it will have all legal right to use the Transaction Data that is to be contained in the Transaction Database, including without limitation all Initial Records and Qualified Records, and to authorize CCI to use all such Transaction Data as provided in this Agreement; and
(2) such use will not violate, conflict with or result in a material breach of any agreement, order or consent by which Customer may be bound.
Participant Consents. Borrowers acknowledge that Participants have or will have certain rights under their respective participation agreements with Bank that may, subject to the terms of the participation agreements, require Bank to obtain the consent (collectively, "Participant Consents") of some or all of Participants before Bank takes or refrains from taking certain actions (other than as required by the Loan Documents) or grants certain waivers, consents or approvals in respect of the Loans, the Loan Documents or the Loan Collateral. In addition, from time to time,
Participant Consents. 46 14.3 Information .................................................. 47 14.4