Common use of Agent's and Lenders' Discretion Clause in Contracts

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Agent or any Lender shall be to that Person's exercise of its reasonable judgement, in good faith, based upon that Person's consideration of any such factor as the Agent or that Lender, taking into account information of which that Person then has actual knowledge, believes: (i) Will or reasonably could be expected to affect the value of the Collateral, the enforceability of the Agent's security and collateral interests therein, or the amount which the Agent would likely realize therefrom (taking into account delays which may possibly be encountered in the Lender's realizing upon the Collateral and likely Administrative Costs). (ii) Indicates that any report or financial information delivered to the Agent or any Lender by or on behalf of the Borrower is incomplete, inaccurate, or misleading in any material manner or was not prepared in accordance with the requirements of this Agreement. (iii) Would likely result in the Borrower's becoming the subject of a bankruptcy or insolvency proceeding.

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Agent or any Lender shall be to that Person's reasonable exercise of its reasonable judgement, in good faith, based upon that Person's consideration of any such factor as the Agent or that Lender, taking into account information of which that Person then has actual knowledge, believes: (i) Will or reasonably could be expected to affect the value of the Collateral, the enforceability of the Agent's security and collateral interests therein, or the amount which the Agent would likely realize therefrom (taking into account delays which may possibly be encountered in the LenderAgent's realizing upon the Collateral and likely Administrative CostsCosts of Collection). (ii) Indicates that any report or financial information delivered to the Agent or any Lender by or on behalf of the Borrower any Obligor is incomplete, inaccurate, or misleading in any material manner or was not prepared in all material respects in accordance with the requirements of this the within Agreement. (iii) Would likely result Reasonably suggests an increase in the Borrower's becoming likelihood that any Obligor will become the subject of a bankruptcy or insolvency proceeding.

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Agent or any Lender shall be to that Person's reasonable exercise of its reasonable judgementjudgment, in good faith, based upon that Person's consideration of any such factor as the Agent or that Lender, taking into account information of which that Person then has actual knowledge, believes: (i) Will or Would reasonably could be expected to affect the value of the Collateral, the enforceability of the Agent's security and collateral interests therein, or the amount which the Agent would likely realize therefrom (taking into account delays which may possibly be encountered in the LenderAgent's realizing upon the Collateral and likely Administrative CostsCosts of Collection). (ii) Indicates that any report or financial information delivered to the Agent or any Lender by or on behalf of the Borrower is Borrowers are incomplete, inaccurate, or misleading in any material manner or was not prepared in all material respects in accordance with the requirements of this Agreement. (iii) Would likely result Reasonably suggests an increase in the Borrower's becoming likelihood that the Borrowers will become the subject of a bankruptcy or insolvency proceeding.

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the any Agent or any Lender shall be to that such Person's exercise of its reasonable judgementjudgment, in good faithfaith (which shall be presumed), based upon that such Person's consideration of any such factor factors as the that Agent or that Lender, taking into account information of which that Person then has actual knowledge, believes: (i) Will or reasonably could be expected to affect the value of the Collateral, the enforceability of the Collateral Agent's security and collateral interests Collateral Interests therein, or the amount which the Collateral Agent would likely realize therefrom (taking into account delays which may possibly be encountered in the LenderCollateral Agent's realizing upon the Collateral and likely Administrative CostsCosts of Collection). (ii) Indicates that any report or financial information delivered to the any Agent or any Lender by or on behalf of the any Borrower is incomplete, inaccurate, or misleading in any material manner or was not prepared in accordance with the requirements of this Agreement. (iii) Would likely result in the Borrower's becoming the subject of a bankruptcy or insolvency proceeding.

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the any Agent or any Lender shall be to that such Person's exercise of its reasonable judgementjudgment, in good faith, based upon that such Person's consideration of any such factor factors as the that Agent or that Lender, taking into account information of which that Person then has actual knowledge, believes: (i) Will or reasonably could be expected to affect the value of the Collateral, the enforceability of the Collateral Agent's security and collateral interests Collateral Interests therein, or the amount which the Collateral Agent would likely realize therefrom (taking into account delays which may possibly be encountered in the LenderCollateral Agent's realizing upon the Collateral and likely Administrative CostsCosts of Collection). (ii) Indicates that That any report or financial information delivered to the any Agent or any Lender by or on behalf of the any Borrower is incomplete, inaccurate, or misleading in any material manner or was not prepared in accordance with the requirements of this Agreement. (iii) Would likely result in That any Borrower is InDefault. (b) In the Borrower's becoming exercise of such judgement, each Agent or each Lender also may take into account any of the subject following factors: (i) Those included in, or tested by, the definitions of a bankruptcy or insolvency proceeding"Eligible Inventory" and "Cost".

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Agent or any Lender shall be to that Person's reasonable exercise of its reasonable judgementjudgment, in good faithfaith (which shall be presumed), based upon that Person's consideration of any such factor as the Agent or that Lender, taking into account information of which that Person then has actual knowledge, believes: (i) Will or reasonably could be expected to affect the value of the Collateral, the enforceability of the Agent's security and collateral interests therein, or the amount which the Agent would likely realize therefrom (taking into account delays which may possibly be encountered in the Lender's realizing upon the Collateral and likely Administrative CostsCosts of Collection). (ii) Indicates that any report or financial information delivered to the Agent or any Lender by or on behalf of the Borrower is incomplete, inaccurate, or misleading in any material manner or was not prepared in accordance with the requirements of this the within Agreement. (iii) Would likely result Suggests an increase in the Borrower's becoming likelihood that the Borrower will become the subject of a bankruptcy or insolvency proceeding.

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Agent or any Lender shall be to that Person's exercise of its commercially reasonable judgement, in good faithfaith (which shall be presumed), based upon that Person's consideration of any such factor as the Agent or that Lender, taking into account information of which that Person then has actual knowledge, believes: (i) Will or reasonably could be expected to affect the value of the Collateral, the enforceability of the Agent's security and collateral interests therein, or the amount which the Agent would likely realize therefrom (taking into account delays which may possibly be encountered in the LenderAgent's realizing upon the Collateral and likely Administrative CostsCosts of Collection). (ii) Indicates that any report or financial information delivered to the Agent or any Lender by or on behalf of the Borrower is incomplete, inaccurate, or misleading in any material manner or was not prepared in accordance with the requirements of this the within Agreement. (iii) Would likely result Suggests an increase in the Borrower's becoming likelihood that the Borrower will become the subject of a bankruptcy or insolvency proceeding.