Common use of Reliance by Lender Agents Clause in Contracts

Reliance by Lender Agents. Each applicable Lender Agent, respectively, 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 Borrower), independent accountants and other experts selected by such Lender Agent. Such Lender 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 its related Lender as it deems appropriate and it shall first be indemnified to its satisfaction by its Lender; provided, that, unless and until such Lender Agent shall have received such advice, such Lender Agent may take or refrain from taking any action, as such Lender Agent shall deem advisable and in the best interests of its related Lender. Each applicable Lender Agent, respectively, shall in all cases be fully protected in acting, or in refraining from acting, in accordance with a request of its related Lender, and such request and any action taken or failure to act pursuant thereto shall be binding upon its related Lender.

Appears in 4 contracts

Samples: Funding and Servicing Agreement (American Capital Strategies LTD), Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital, LTD)

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Reliance by Lender Agents. Each applicable Lender Agent, respectively, 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 Borrower), independent accountants and other experts selected by such Lender Agent. Such Each Lender 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 its the related Lender as it deems appropriate and it shall first be indemnified to its satisfaction by its such Lender; provided, that, provided that unless and until such Lender Agent shall have received such advice, such the Lender Agent may take or refrain from taking any action, as such the Lender Agent shall deem advisable and in the best interests of its related LenderLenders. Each applicable Lender Agent, respectively, Agent shall in all cases be fully protected in acting, or in refraining from acting, in accordance with a request of its the related LenderLenders, and such request and any action taken or failure to act pursuant thereto shall be binding upon its related Lendersuch Lenders.

Appears in 1 contract

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)

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