Action on Instructions of Lenders. The Administrative Agent shall in all cases be fully protected in acting, or in refraining from acting, hereunder and under any other Loan Document in accordance with written instructions signed by the Required Lenders or, in the case of any act or failure to act calculated to give rise to any of the events or circumstances described in clauses (a) through (e) of Section 13.4, each affected Lender, and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders and on all holders of Notes. The Administrative Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Loan Documents unless it shall first be indemnified to its satisfaction by the Lenders pro rata against any and all liability, costs and expense that it may incur by reason of taking or continuing to take any such action.
Appears in 3 contracts
Sources: Credit Agreement (Dominion Homes Inc), Credit Agreement (Dominion Homes Inc), Credit Agreement (Dominion Homes Inc)
Action on Instructions of Lenders. The Administrative Agent shall in all cases be fully protected in acting, or in refraining from acting, hereunder and under any other Loan Document in accordance with written instructions signed by the Required Lenders or, in the case of any act or failure to act calculated to give rise to any of the events or circumstances described in clauses (a) through (e) of Section 13.48.2, each affected Lender, and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders and on all holders of Notes. The Administrative Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Loan Documents Document unless it shall first be indemnified to its satisfaction by the Lenders pro rata against any and all liability, costs cost and expense that it may incur by reason of taking or continuing to take any such action.
Appears in 3 contracts
Sources: Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc)
Action on Instructions of Lenders. The Administrative Agent shall in all cases be fully protected in acting, or in refraining from acting, hereunder and under any other Loan Document in accordance with written instructions signed by the Required Lenders orLenders, in or all of the Lenders, as the case of any act or failure to act calculated to give rise to any of the events or circumstances described in clauses (a) through (e) of Section 13.4, each affected Lendermay be, and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders and on all holders of NotesNotes and on all Holders of Secured Obligations. The Except where an action or inaction is expressly required under this Agreement, the Administrative Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Loan Documents unless it shall first be indemnified to its satisfaction by the Lenders pro rata in accordance with their respective Pro Rata Shares, against any and all liability, costs cost and expense that it may incur by reason of taking or continuing to take any such action.
Appears in 3 contracts
Sources: Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/)
Action on Instructions of Lenders. The Administrative Agent shall in all cases be fully protected in acting, or in refraining from acting, hereunder and under any other Loan Document in accordance with written instructions signed by the Required Lenders or, unless such action or inaction requires the consent of all the Lenders or an individual Lender not included in the case of any act or failure to act calculated to give rise to any direction of the events or circumstances described in clauses (a) through (e) of Section 13.4, each affected LenderRequired Lenders pursuant to this Agreement, and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders and on all holders of Notes. The Administrative Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Loan Documents Document unless it shall first be indemnified to its satisfaction by the Lenders pro rata against any and all liability, costs cost and expense that it may incur by reason of taking or continuing to take any such action.
Appears in 3 contracts
Sources: Revolving Credit Agreement (RFS Hotel Investors Inc), Revolving Credit Agreement (RFS Hotel Investors Inc), Revolving Credit Agreement (RFS Hotel Investors Inc)
Action on Instructions of Lenders. The Administrative Agent shall in all cases be --------------------------------- fully protected in acting, or in refraining from acting, hereunder and under any other Loan Document in accordance with written instructions signed by the Required Lenders or, in (except with respect to actions that require the case consent of any act or failure to act calculated to give rise to any all of the events or circumstances described Lenders as provided in clauses (a) through (e) of Section 13.4, each affected Lender8.3), and such instructions and any ----------- action taken or failure to act pursuant thereto shall be binding on all of the Lenders and on all holders Holders of NotesSecured Obligations. The Administrative Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Loan Documents Document unless it shall first be indemnified to its satisfaction by the Lenders pro rata against any and all liability, costs cost and expense that it may incur by reason of taking or continuing to take any such action.
Appears in 2 contracts
Sources: Long Term Credit Agreement (Agribrands International Inc), Long Term Credit Agreement (Agribrands International Inc)
Action on Instructions of Lenders. The Administrative Agent shall in all cases be fully protected in acting, or in refraining from acting, hereunder and under any other Loan Document in accordance with written instructions signed by the Required Lenders or, in the case of any act or failure to act calculated to give rise to any of the events or circumstances described in clauses (a) through (e) of Section 13.4SECTION 8.2, each affected Lender, and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders and on all holders of Notes. The Administrative Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Loan Documents Document unless it shall first be indemnified to its satisfaction by the Lenders pro rata against any and all liability, costs cost and expense that it may incur by reason of taking or continuing to take any such action.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc)
Action on Instructions of Lenders. The Administrative Agent shall in all cases be fully protected in acting, or in refraining from acting, hereunder and under any other Facility B Loan Document in accordance with written instructions signed by the Required Lenders orLenders, in or all of the Lenders, as the case of any act or failure to act calculated to give rise to any of the events or circumstances described in clauses (a) through (e) of Section 13.4, each affected Lendermay be, and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders and on all holders of Facility B Notes. The Administrative Except where an action or inaction is expressly required under the Agreement, the Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Facility B Loan Document or the Facility A Loan Documents unless it shall first be indemnified to its satisfaction by the Lenders pro rata in accordance with their respective Pro Rata Shares, against any and all liability, costs cost and expense that it may incur by reason of taking or continuing to take any such action.
Appears in 1 contract
Action on Instructions of Lenders. The Administrative Agent shall in all cases be fully protected in acting, or in refraining from acting, hereunder and under any other Loan Document in accordance with written instructions signed by the Required Lenders or, (or any other percentage of Lenders specified to be the applicable percentage in the case of this Agreement or any act or failure other Loan Document to act calculated to give rise to any of the events or circumstances described in clauses (a) through (e) of Section 13.4, each affected Lenderon 397909 Execution Copy 80 specified matters), and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders and on all holders of Notes. The Administrative Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Loan Documents Document unless it shall first be indemnified to its satisfaction by the Lenders pro rata against any and all liability, costs cost and expense that it may incur by reason of taking or continuing to take any such action.
Appears in 1 contract
Sources: Credit Agreement (Metals Usa Inc)
Action on Instructions of Lenders. The Administrative Agent shall in all cases be fully protected in acting, or in refraining from acting, hereunder and under any other Loan Document in accordance with written instructions signed by the Required Lenders or, in the case of any act or failure to act calculated to give rise to any of the events or circumstances described in clauses (a) through (e) of Section 13.4, each affected LenderLenders, and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders and on all holders of Notes, provided that the provisions of this Section shall not be understood to override those provisions of Section 8.2 requiring the consent of each Lender affected thereby for certain enumerated amendments to the Loan Documents. The Administrative Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Loan Documents Document unless it shall first be indemnified to its satisfaction by the Lenders pro rata against any and all liability, costs cost and expense that it may incur by reason of taking or continuing to take any such action.
Appears in 1 contract
Sources: Senior Revolving Credit Agreement (Enesco Group Inc)