Common use of Right to Request Instructions Clause in Contracts

Right to Request Instructions. Any DIP Agent may at any time request instructions from the DIP Lenders (and after all DIP Obligations owing to the DIP Lenders have been paid in full, from the Holders) with respect to any actions or approvals which by the terms of any of the DIP Loan Documents such DIP Agent is permitted or required to take or to grant, and such DIP Agent shall be absolutely entitled to refrain from taking any action or to withhold any approval and shall not be under any liability whatsoever to any Person for refraining from any action or withholding any approval under any of the DIP Loan Documents until it shall have received such instructions from those DIP Lenders or Holders, as the case may be, from whom such DIP Agent is required to obtain such instructions for the pertinent matter in accordance with the DIP Loan Documents. Without limiting the generality of the foregoing, no Holder shall have any right of action whatsoever against any DIP Agent as a result of such DIP Agent acting or refraining from acting under the DIP Loan Documents in accordance with the instructions of all DIP Lenders or, where required by the express terms of this Agreement, a lesser proportion of the DIP Lenders, or of all Holders (after the DIP Obligations owing to the DIP Lenders have been paid in full).

Right to Request Instructions. Any DIP The Administrative Agent may at any time request instructions from the DIP Lenders (and after all DIP Obligations owing to the DIP Lenders have been paid in full, from the Holders) with respect to any actions or approvals which by the terms of any of the DIP Loan Documents such DIP the Administrative Agent is permitted or required to take or to grant, and and, except where an action or approval is expressly required under this ARTICLE XI or SECTION 10.2 hereof, such DIP Administrative Agent shall be absolutely entitled to refrain from taking any action or to withhold any approval and shall not be under any liability whatsoever to any Person for refraining from any action or withholding any approval under any of the DIP Loan Documents until it shall have received (or, pursuant to SECTION 13.7(d), be deemed to have received) such instructions from those DIP Lenders or Holders, as the case may be, from whom such DIP Administrative Agent is required to obtain such instructions for the pertinent matter in accordance with the DIP Loan Documents. Without limiting the generality of the foregoing, the Administrative Agent shall take any action, or refrain from taking any action, which is permitted by the terms of the Loan Documents upon receipt (or, pursuant to SECTION 13.7(d), deemed receipt) of instructions from those Lenders from whom the Administrative Agent is required to obtain such instructions for the pertinent matter in accordance with the Loan Documents; PROVIDED, that no Holder shall have any right of action whatsoever against any DIP the Administrative Agent as a result of such DIP the Administrative Agent acting or refraining from acting under the DIP Loan Documents in accordance with the instructions (or deemed instructions) of all DIP the Requisite Lenders or, where required by the express terms of this Agreement, a lesser greater proportion of the DIP Lenders, or of all Holders (after the DIP Obligations owing to the DIP Lenders have been paid in full).

Right to Request Instructions. Any DIP (a) The Administrative Agent may at any time request instructions or clarifications from the DIP Lenders (and after all DIP Obligations owing to the DIP Lenders have been paid in full, from the Holders) with respect to any actions or approvals which by the terms of any of the DIP Loan Documents such DIP the Administrative Agent is permitted or required to take or to grant, and such DIP the Administrative Agent shall be absolutely entitled to refrain from taking any action or to withhold any approval and shall not be under any liability whatsoever to any Person for refraining from any action or withholding any approval under any of the DIP Loan Documents this Agreement until it shall have received such instructions from those DIP Lenders or Holders, as the case may be, from whom such DIP the Administrative Agent is required to obtain such instructions for the pertinent matter in accordance with the DIP Loan Documents. Without limiting the generality of the foregoing, no Holder the Administrative Agent shall have any right of action whatsoever against any DIP Agent as a result of such DIP Agent no liability for acting or refraining from acting under the DIP Loan Documents in accordance with the instructions of all DIP the Requisite Lenders or, where required by the express terms of this Agreement, a lesser greater proportion of the DIP Lenders. In the absence of written instructions from the applicable Lenders, the Administrative Agent may act (or refrain from acting) as it considers to be in the best interests of all Holders the Lenders. (after the DIP Obligations owing b) Notwithstanding anything else to the DIP contrary herein, whenever reference is made in this Agreement, or any other Loan Document, to any discretionary action by, consent, designation, specification, requirement or approval of, notice, request or other communication from, or other direction given or action to be undertaken or to be (or not to be) suffered or omitted by the Administrative Agent or to any election, decision, opinion, acceptance, use of judgment, expression of satisfaction or other exercise of discretion, rights or remedies to be made (or not to be made) by the Administrative Agent, such provision shall refer to the Administrative Agent exercising each of the foregoing at the instructions of the Requisite Lenders have been paid in full(or, where expressly required by the terms of this Agreement, a greater or different proportion of Lenders).