Common use of Duties in the Case of Enforcement Clause in Contracts

Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the indebtedness evidenced by the Notes shall have occurred, the Agent shall, if (a) so requested by the Majority Holders and (b) the Lenders have provided to the Agent such additional indemnities and assurances against expenses and liabilities as the Agent may reasonably request, proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Holders may direct the Agent in writing as to the method and the extent of any such exercise, the Lenders hereby agreeing to indemnify and hold the Agent harmless from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, PROVIDED that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.

Appears in 2 contracts

Sources: Credit Agreement (M I Schottenstein Homes Inc), Credit Agreement (M I Schottenstein Homes Inc)

Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the indebtedness evidenced by the Notes Obligations shall have occurred, the Agent may and shall, if (a) so requested by the Majority Holders Lenders and (b) the Lenders have provided to the Agent such additional indemnities and assurances against expenses and liabilities as the Agent may reasonably request, proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Holders Lenders may direct the Agent in writing as to the method and the extent of any such exercise, the Lenders hereby agreeing to indemnify and hold the Agent harmless from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, PROVIDED provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent's ’s compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.

Appears in 2 contracts

Sources: Master Credit Agreement (Howard Hughes Corp), Master Credit Agreement (Howard Hughes Corp)

Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the indebtedness evidenced by the Notes Lender Obligations shall have occurred, the Agent shall, if (a) so requested by the Majority Holders Required Lenders and (b) the Lenders have provided to the Agent such additional indemnities and assurances against expenses and liabilities as the Agent may reasonably request, proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Holders Required Lenders may direct the Agent in writing as to the method and the extent of any such exercise, the Lenders hereby agreeing to indemnify and hold the Agent harmless from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, PROVIDED provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.

Appears in 1 contract

Sources: Credit Agreement (Bright Horizons Family Solutions Inc)

Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the indebtedness evidenced by the Notes Obligations shall have occurred, the Agent shall, if (a) so requested by the Lender or Majority Holders Lenders and (b) the Lenders have provided to the Agent such additional indemnities and assurances against expenses and liabilities as the Agent may reasonably request, proceed to exercise all or any legal and equitable and other rights or remedies as it may have. The Majority Holders Required Lenders may direct the Agent in writing as to the method and the extent of any such exercise, the Lenders hereby agreeing to indemnify and hold the Agent harmless from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, PROVIDED provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent's ’s compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.

Appears in 1 contract

Sources: Senior Secured Term Loan Agreement (California Coastal Communities Inc)

Duties in the Case of Enforcement. In case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the indebtedness evidenced by the Notes Obligations shall have occurred, the Agent shall, if (a) so requested by the Majority Holders Banks and (b) the Lenders Banks have provided to the Agent such additional indemnities and assurances against expenses and liabilities as the Agent may reasonably request, proceed to exercise all or any such other legal and equitable and other rights or remedies as it may havehave under the Loan 50 -45- Documents. The Majority Holders Banks may direct the Agent in writing as to the method and the extent of any such exerciseenforcement, the Lenders Banks hereby agreeing to indemnify and hold the Agent Agent, harmless from all liabilities incurred in respect of all actions taken or omitted in accordance with such directions, PROVIDED provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent's compliance with such direction to be unlawful or commercially unreasonable in any applicable jurisdiction.

Appears in 1 contract

Sources: Revolving Credit Agreement (Decisionone Holdings Corp)