Reliance by Additional Agent. Each Additional Agent shall in all cases be entitled to rely, and shall be fully protected in relying, upon any document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the proper Person or Persons and upon advice and statements of legal counsel (including, without limitation, counsel to the Seller), independent accountants and other experts selected by such Additional Agent. Each Additional Agent shall in all cases be fully justified in failing or refusing to take any action under this Agreement or any other Transaction Document unless it shall first receive such advice or concurrence of the related Additional Purchaser as it deems appropriate and it shall first be indemnified to its satisfaction by such Additional Purchaser; provided that unless and until such Additional Agent shall have received such advice, the Additional Agent may take or refrain from taking any action, as the Additional Agent shall deem advisable and in the best interests of the Related Additional Purchaser. Each Additional Agent shall in all cases be fully protected in acting, or in refraining from acting, in accordance with a request of the related Additional Purchaser, and such request and any action taken or failure to act pursuant thereto shall be binding upon such Additional Purchaser.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
Reliance by Additional Agent. Each Additional Agent shall in all cases be entitled to rely, and shall be fully protected in relying, upon any document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the proper Person or Persons and upon advice and statements of legal counsel (including, without limitation, counsel to the either Seller), independent accountants and other experts selected by such Additional Agent. Each Additional Agent shall in all cases be fully justified in failing or refusing to take any action under this Agreement or any other Transaction Document unless it shall first receive such advice or concurrence of the related Additional Purchaser as it deems appropriate and it shall first be indemnified to its satisfaction by such Additional Purchaser; provided provided, that unless and until such Additional Agent shall have received such advice, the Additional Agent may take or refrain from taking any action, as the Additional Agent shall deem advisable and in the best interests of the Related related Additional Purchaser. Each Additional Agent shall in all cases be fully protected in acting, or in refraining from acting, in accordance with a request of the related Additional Purchaser, and such request and any action taken or failure to act pursuant thereto shall be binding upon such Additional Purchaser.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
Reliance by Additional Agent. Each Additional Agent shall in all cases be entitled to rely, and shall be fully protected in relying, upon any document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the proper Person or Persons and upon advice and statements of legal counsel (including, without limitation, counsel to the Seller), independent accountants and other experts selected by such Additional Agent. Each Additional Agent shall in all cases be fully justified in failing or refusing to take any action under this Agreement or any other Transaction Document unless it shall first receive such advice or concurrence of the related Additional Purchaser as it deems appropriate and it shall first be indemnified to its satisfaction by such Additional Purchaser; provided provided, that unless and until such Additional Agent shall have received such advice, the Additional Agent may take or refrain from taking any action, as the Additional Agent shall deem advisable and in the best interests of the Related Additional Purchaser. Each Additional Agent shall in all cases be fully protected in acting, or in refraining from acting, in accordance with a request of the related Additional Purchaser, and such request and any action taken or failure to act pursuant thereto shall be binding upon such Additional Purchaser.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
Reliance by Additional Agent. Each Additional Agent shall in all cases be entitled to rely, and shall be fully protected in relying, upon any document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the proper Person or Persons and upon advice and statements of legal counsel (including, without limitation, counsel to the Seller), independent accountants and other experts selected by such Additional Agent. Each Additional Agent shall in all cases be fully justified in failing or refusing to take any action under this Agreement or any other Transaction Document unless it shall first receive such advice or concurrence of the related Additional Purchaser as it deems appropriate and it shall first be indemnified to its satisfaction by such Additional Purchaser; provided that provided, that, unless and until such Additional Agent shall have received such advice, the Additional Agent may take or refrain from taking any action, as the Additional Agent shall deem advisable and in the best interests of the Related Additional Purchaser. Each Additional Agent shall in all cases be fully protected in acting, or in refraining from acting, in accordance with a request of the related Additional Purchaser, and such request and any action taken or failure to act pursuant thereto shall be binding upon such Additional Purchaser.
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