Control by the Controlling Party. Other than as set forth herein, the Controlling Party shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Agent or exercising any trust or power conferred on the Agent; provided that: (a) such direction shall not be in conflict with any rule of law or with this Loan Agreement including; (b) the Agent may take any other action deemed proper by the Agent which is not inconsistent with such direction; provided, however, that, subject to Section 7.02, the Agent need not take any action which a Responsible Officer of the Agent in good faith determines might involve it in liability (unless the Agent is furnished with the reasonable indemnity referred to in Section 9.11(c)); and (c) the Agent has been furnished reasonable indemnity against costs, expenses and liabilities which it might incur in connection therewith.
Appears in 2 contracts
Sources: Loan and Security Agreement (Sunnova Energy International Inc.), Loan and Security Agreement (Sunnova Energy International Inc.)