Examples of Directing Agent in a sentence
The Directing Agent may at any time give notice of its resignation as Directing Agent under this Agreement and the other Collateral Documents to each Authorized Representative and the Borrower.
Except for a change to December 31, the Borrower shall not change its fiscal year without the prior written consent of the Directing Agent, such consent not to be unreasonably withheld.
Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with Parent or any subsidiary or other Affiliate thereof as if such Person were not the Directing Agent hereunder and without any duty to account therefor to any other Secured Party.
The Servicer shall upon the request of the Facility Agent or Requisite Lenders, participate in a meeting of the Directing Agent and Lenders once during each Fiscal Year to be held at the Servicer’s corporate offices (or at such other location as may be agreed to by the Borrower and the Directing Agent) at such time as may be agreed to by the Servicer and the Facility Agent.
As between the Secured Parties, the Directing Agent, acting at the direction of the Applicable Authorized Representative shall have the right to adjust or settle any insurance policy or claim covering or constituting Shared Collateral in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding affecting the Shared Collateral.
Without limitation to the foregoing, each Grantor agrees to take such further action and to execute and deliver such additional documents and instruments (in recordable form, if requested) as the Directing Agent may reasonably request to effectuate the terms of and the lien priorities contemplated by the Intercreditor Agreement.
The Directing Agent shall be entitled to rely upon, and shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person.
The Borrower shall not agree to, and shall cause the Servicer not to, amend, restate, supplement or modify in any respect the form of Receivables Agreement without providing prior written notice thereof to the Directing Agent, and the Class B Agent (if not the Directing Agent) together with certification from an Authorized Officer of the Borrower certifying that such changes are in accordance with the Credit and Collections Policies and the Requirements of Law.
The Directing Agent may consult with legal counsel (who may be counsel for the Borrower), independent accountants and other experts selected by it, and shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.
The foregoing shall not be construed to limit the rights and priorities of any Secured Party, the Directing Agent or any Authorized Representative with respect to any Collateral not constituting Shared Collateral.