Use of Discretion. (i) Agent shall not be required to exercise any discretion or take, or to omit to take, any action, including with respect to enforcement or collection, except any action it is required to take or omit to take (A) under any Loan Document or (B) pursuant to instructions from the Required Lenders (or, where expressly required by the terms of this Agreement, a greater proportion of the Lenders).
Appears in 6 contracts
Samples: Super Priority (iMedia Brands, Inc.), Loan and Security Agreement (SkyWater Technology, Inc), Loan and Security Agreement (iMedia Brands, Inc.)
Use of Discretion. (ia) The Administrative Agent shall not be required to exercise any discretion or take, or to omit to take, any action, including with respect to enforcement or collection, except any action it is required to take or omit to take (Ai) under any Loan Document or the Environmental Indemnity Agreement or (Bii) pursuant to instructions from the Required Lenders (or, where expressly required by the terms of this Agreement, a greater proportion of the Lenders).
Appears in 5 contracts
Samples: Loan Agreement (Summit Healthcare REIT, Inc), Loan Agreement (Cornerstone Core Properties REIT, Inc.), Loan Agreement (NorthStar Healthcare Income, Inc.)
Use of Discretion. (ia) Administrative Agent shall not be required to exercise any discretion or take, or to omit to take, any action, including with respect to enforcement or collectioncollection of amounts owing hereunder after an Event of Default, except any action it is required to take or omit to take (Ai) under any Loan Document or the Environmental Indemnity Agreement or (Bii) pursuant to instructions from the Required Lenders (or, where expressly required by the terms of this Agreement, a greater proportion of the Lenders).
Appears in 2 contracts
Samples: Loan Agreement (Healthcare Trust, Inc.), Loan Agreement (Healthcare Trust, Inc.)
Use of Discretion. (ia) Administrative Agent shall not be required to exercise any discretion or take, or to omit to take, any action, including with respect to enforcement or collection, except any action it is required to take or omit to take (Ai) under any Loan Document or the Environmental Indemnity Agreement, or (Bii) pursuant to instructions from the Required Lenders (or, where expressly required by the terms of this Agreement, a greater proportion of the Lenders).
Appears in 2 contracts
Samples: Loan Agreement (Care Capital Properties, Inc.), Loan Agreement (Summit Healthcare REIT, Inc)
Use of Discretion. (ia) The Agent shall not be required to exercise any discretion or take, or to omit to take, any action, including with respect to enforcement or collection, except any action it is required to take or omit to take (Ai) under any Loan Document Document, or (Bii) pursuant to instructions from the Required Lenders (or, where expressly required by the terms of this Agreement, a greater proportion of the Lenders).
Appears in 1 contract
Use of Discretion. (ia) Administrative Agent shall not be required to exercise any discretion or take, or to omit to take, any action, including with respect to enforcement or collection, except any action it is required to take or omit to take (Ai) under any Loan Credit Document or (Bii) pursuant to instructions from the Required Lenders (or, where expressly required by the terms of this Agreement, a greater proportion of the Lenders).
Appears in 1 contract
Samples: Credit and Security Agreement (Ares Commercial Real Estate Corp)
Use of Discretion. (ia) Administrative Agent shall not be required to exercise any discretion or take, or to omit to take, any action, including with respect to enforcement or collectioncollection of amounts owing hereunder after an Event of Default, except any action it is required to take or omit to take (Ai) under any Loan Document or the Environmental Indemnity Agreement, or (Bii) pursuant to instructions from the Required Lenders (or, where expressly required by the terms of this Agreement, a greater proportion of the Lenders).
Appears in 1 contract
