Entitlement to give Enforcement Instruction Clause Samples

Entitlement to give Enforcement Instruction. Subject to paragraph (d) below, the Required Second Priority Creditors shall solely be entitled to give instructions to the Pari Passu Security Agent with respect to Enforcement; provided that, if (i) the Required Second Priority Creditors fail to deliver Enforcement Instructions within 45 days of a Pari Passu Acceleration Event or (ii) the Required Second Priority Creditors, having given Enforcement Instructions, fail to make a determination as to the method of Enforcement they wish to instruct the Pari Passu Security Agent to pursue within 45 days of the date of delivery of any initial Enforcement Instructions from the Required Second Priority Creditors, then the Supra Majority Lenders shall be entitled to give instructions to the Pari Passu Security Agent with respect to Enforcement. Subject to paragraph (d) below, if (i) the Supra Majority Lenders fail to deliver Enforcement Instructions within 45 days of being entitled to give instructions to the Pari Passu Security with respect to Enforcement pursuant to the first sentence of this Section 3.04 or (ii) the Supra Majority Lenders, having given Enforcement Instructions, fail to make a determination as to the method of Enforcement they wish to instruct the Pari Passu Security Agent to pursue within 45 days of the date of delivery of the initial Enforcement Instructions from the Supra Majority Lenders, then the Required Second Priority Creditors shall again be entitled to give instructions to the Pari Passu Security Agent with respect to Enforcement and the first of the Supra Majority Lenders or Required Second Priority Creditors to deliver Enforcement Instructions to the Pari Passu Security Agent shall be the Instructing Group.
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Related to Entitlement to give Enforcement Instruction

  • Warrant Agent Not Required to Give Notice of Default The Warrant Agent shall not be bound to give any notice or do or take any act, action or proceeding by virtue of the powers conferred on it hereby unless and until it shall have been required so to do under the terms hereof; nor shall the Warrant Agent be required to take notice of any default hereunder, unless and until notified in writing of such default, which notice shall distinctly specify the default desired to be brought to the attention of the Warrant Agent and in the absence of any such notice the Warrant Agent may for all purposes of this Indenture conclusively assume that no default has been made in the observance or performance of any of the representations, warranties, covenants, agreements or conditions contained herein. Any such notice shall in no way limit any discretion herein given to the Warrant Agent to determine whether or not the Warrant Agent shall take action with respect to any default.

  • Warrant Agent Not Required to Give Security The Warrant Agent shall not be required to give any bond or security in respect of the execution of the agency and powers of this Indenture or otherwise in respect of the premises.

  • FAILURE TO GIVE POSSESSION If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, because of the holding-over or retention of possession of any tenant, undertenant or occupants or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the premises ready for occupancy or because of the fact that a certificate of occupancy has not been procured or for any other reason, Owner shall not be subject to any liability for failure to give possession on said date and the validity of the lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's inability to obtain possession) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancy. If permission is given to Tenant to enter into the possession of the demised premises or to occupy premises other than the demised premises prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant to pay rent. The provisions of this article are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law. No Waiver:

  • Trustee Not Required to Give Security The Trustee shall not be required to give any bond or security in respect of the execution of the trusts and powers of this Indenture or otherwise in respect of the premises.

  • Covenant to Give Security Except with respect to Excluded Property: