Common use of Action by the Agent Clause in Contracts

Action by the Agent. So long as the Agent shall be entitled, pursuant to Section 10.06 hereof, to assume that no Default or Event of Default has occurred and is continuing, the Agent shall be entitled to use its discretion with respect to exercising or refraining from exercising any rights that may be vested in it by, or with respect to taking or refraining from taking any action or actions that they may be able to take under or in respect of, this Agreement. The Agent shall not incur liability under or in respect of this Agreement by acting upon any notice, consent, certificate, warranty or other paper or instrument believed by it to be genuine or authentic or to be signed by the proper party or parties, or with respect to anything that it may do or refrain from doing in the reasonable exercise of its judgment, or that may seem to it to be necessary or desirable under the circumstances.

Appears in 1 contract

Sources: Mortgage Warehousing Loan and Security Agreement (American Home Mortgage Holdings Inc)

Action by the Agent. So long as the Agent shall be entitled, pursuant to Section 10.06 15.10 hereof, to assume that no Default or Event of Default has or Potential Default shall have occurred and is be continuing, the Agent shall be entitled to use its discretion with respect to exercising or refraining from exercising any rights that which may be vested in it by, or with respect to taking or refraining from taking any action or actions that they which it may be able to take under or in respect of, this Agreement. The Agent shall not incur no liability under or in respect of this Agreement by acting upon any notice, consent, certificate, warranty or other paper or instrument believed by it to be genuine or authentic or to be signed by the proper party or parties, or with respect to anything that which it may do or refrain from doing in the reasonable exercise of its judgment, or that may seem to it to be necessary or desirable under the circumstances.

Appears in 1 contract

Sources: Financing Agreement (Northwestern Corp)