Certain Rights of Agent. Agent shall have the right to request instructions from Requisite Lenders or all Lenders, as applicable, pursuant to this Agreement, by notice to each Lender. If Agent shall request instructions from Requisite Lenders or all Lenders, as applicable, with respect to any act or action (including the failure to act) in connection with this Agreement, Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite Lenders or all Lenders, as applicable, and Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder in accordance with the instructions of Requisite Lenders or all Lenders, as applicable.
Appears in 16 contracts
Sources: Loan and Security Agreement (Amcon Distributing Co), Loan and Security Agreement (Amcon Distributing Co), Loan and Security Agreement (Apac Customer Service Inc)
Certain Rights of Agent. Without limiting Agent’s rights and discretion under any provision hereof, Agent shall have the right to request instructions from Requisite the Required Lenders or all Lendersor, as applicablerequired, pursuant to this Agreement, by notice to each Lenderof Lenders. If Agent shall request instructions from Requisite the Required Lenders or all each of Lenders, as applicablethe case may be, with respect to any act or action (including the failure to act) in connection with this Agreement, Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite the Required Lenders or all each of Lenders, as applicablethe case may be, and Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder in accordance with the instructions of Requisite the Required Lenders or all each of Lenders, as applicablethe case may be.
Appears in 7 contracts
Sources: Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP), Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP), Loan and Security Agreement (C & F Financial Corp)
Certain Rights of Agent. Agent shall have the right to request instructions from Requisite Required Lenders or all Lenders, as applicable, pursuant to this Agreement, by notice to each Lender. If Agent shall request instructions from Requisite Required Lenders or all Lenders, as applicable, with respect to any act or action (including the failure to act) in connection with this Agreement, Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite Required Lenders or all Lenders, as applicable, and Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder in accordance with the instructions of Requisite Required Lenders or all Lenders, as applicable.
Appears in 3 contracts
Sources: Loan and Security Agreement (NXT-Id, Inc.), Credit Agreement (Multiband Corp), Credit Agreement (Surmodics Inc)
Certain Rights of Agent. Agent shall have the right to request instructions from Requisite Lenders or all Lenders, as applicable, pursuant to this Agreement, by notice to each Lender. If Agent shall request instructions from Requisite Lenders or all Lenders, as applicable, ; with respect to any act or action (including the failure to act) in connection with this Agreement, Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite Lenders or all Lenders, as applicable, and Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder in accordance with the instructions of Requisite Lenders or all Lenders, as applicable.
Appears in 2 contracts
Sources: Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Lawson Products Inc/New/De/)
Certain Rights of Agent. Without limiting Agent’s rights and discretion under any provision hereof, Agent shall have the right to request instructions from Requisite the Required Lenders or all Lendersor, as applicablerequired, pursuant to this Agreement, by notice to each Lenderof the Lenders. If Agent shall request instructions from Requisite the Required Lenders or all Lendersof each Lender, as applicablethe case may be, with respect to any act or action (including the failure to act) in connection with this Agreement, Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite the Required Lenders or all Lenderseach Lender, as applicablethe case may be, and Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder in accordance with the instructions of Requisite the Required Lenders or all Lenderseach Lender, as applicablethe case may be.
Appears in 2 contracts
Sources: Loan and Security Agreement (nFinanSe Inc.), Loan and Security Agreement (nFinanSe Inc.)
Certain Rights of Agent. Without limiting Agent’s rights and discretion under any provision hereof, Agent shall have the right to request instructions from Requisite each of Lenders or all Lenders, as applicable, pursuant to this Agreement, by notice to each Lenderand Holders. If Agent shall request instructions from Requisite each of the Lenders or all Lendersand Holders, as applicablethe case may be, with respect to any act or action (including the failure to act) in connection with this Agreement, Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite each of Lenders or all Lendersand Holders, as applicablethe case may be, and Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender or Holder shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder in accordance with the instructions of Requisite each of the Lenders or all Lenders, as applicableand Holders.
Appears in 1 contract
Certain Rights of Agent. Agent shall have the right to request instructions from Requisite the Lenders or all Lenders, as applicable, pursuant to this Agreement, by notice to each Lenderat any time. If Agent shall request instructions from Requisite the Lenders or all Lenders, as applicable, with respect to any act or action (including the failure to act) in connection with this Credit Agreement, Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite the Majority Lenders (or, to the extent required pursuant to SECTION 11.10, the Super Majority Lenders or all Lenders, as applicable), and Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender or Issuing Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder in accordance with the instructions of Requisite Lenders or all the Majority Lenders, as applicable.
Appears in 1 contract
Sources: Credit Agreement (Weider Nutrition International Inc)
Certain Rights of Agent. Agent shall have the right to request instructions from Requisite the Lenders or all Lenders, as applicable, pursuant to this Agreement, by notice to each Lenderat any time. If Agent shall request instructions from Requisite the Lenders or all Lenders, as applicable, with respect to any act or action (including the failure to act) in connection with this Credit Agreement, Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite the Majority Lenders (or, to the extent required pursuant to Section 11.10, the Super Majority Lenders or all Lenders, as applicable), and Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender or Issuing Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder in accordance with the instructions of Requisite Lenders or all the Majority Lenders, as applicable.
Appears in 1 contract
Certain Rights of Agent. Agent shall have the right to request instructions from Requisite Lenders or all Lenders, as applicable, applicable pursuant to this Agreement, by notice to each Lender. If Agent shall request instructions from Requisite Lenders or all Lenders, as applicable, with respect to any act or action (including the failure to act) in connection with this Agreement, Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite Lenders or all Lenders, as applicable, and Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder in accordance with the instructions of Requisite Lenders or all Lenders, as applicable.
Appears in 1 contract
Sources: Loan and Security Agreement (Poindexter J B & Co Inc)
Certain Rights of Agent. Agent shall have the right to request instructions from Requisite the Required Lenders or all Lendersor, as applicablerequired, pursuant to this Agreement, by notice to each Lenderof the Lenders. If Agent shall request instructions from Requisite the Required Lenders or all each of the Lenders, as applicablethe case may be, with respect to any act or action (including the failure to act) in connection with this Agreement, Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite the Required Lenders or all each of the Lenders, as applicablethe case may be, and Agent shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder in accordance with the instructions of Requisite the Required Lenders or all each of the Lenders, as applicablethe case may be.
Appears in 1 contract
Sources: Loan and Security Agreement (Anchor Funding Services, Inc.)