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 reasonable exercise of its judgment, in good faith (which shall be rebuttably presumed), based upon that Person's consideration of any such factor as that Person, taking into account information of which that Person then has actual knowledge, believes: (i) Would reasonably 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 Agent's realizing upon the Collateral and likely Costs of Collection); (ii) Indicates that any report or financial information delivered to the Agent or any Lender by or on behalf of the Borrowers is incomplete, inaccurate, or misleading in any material manner or was not prepared in accordance with the requirements of this Agreement;

Appears in 1 contract

Samples: Loan and Security Agreement (Lechters Inc)

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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 judgment, in good faith (which shall be rebuttably presumed), based upon that Person's consideration of any such factor as that Person, taking into account information of which that Person then has actual knowledge, believes: : (i) ____ Would reasonably 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 Agent's realizing upon the Collateral and likely Costs of Collection); (ii) Indicates that any report or financial information delivered to the Agent or any Lender by or on behalf of the Borrowers is incomplete, inaccurate, or misleading in any material manner or was not prepared in accordance with the requirements of this Agreement;

Appears in 1 contract

Samples: Loan and Security Agreement (Lechters Inc)

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 judgment, in good faith (which shall be rebuttably presumed), based upon that Person's consideration of any such factor as the Agent or that PersonLender, taking into account information of which that Person then has actual knowledge, believes: (i) Would 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 AgentLender's realizing upon the Collateral and likely Costs of Collection); . (ii) Indicates that any report or financial information delivered to the Agent or any Lender by or on behalf of the Borrowers Borrower is incomplete, inaccurate, or misleading in any material manner or was not prepared in accordance with the requirements of this Agreement;.

Appears in 1 contract

Samples: Loan and Security Agreement (Roberds Inc)

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 judgment, in good faith (which shall be rebuttably presumed)faith, based upon that Person's consideration of any such factor as the Agent or that PersonLender, taking into account information of which that Person then has actual knowledge, believes: (i) Would reasonably 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 Agent's realizing upon the Collateral and likely Costs of Collection); . (ii) Indicates that any report or financial information delivered to the Agent or any Lender by or on behalf of the Borrowers is 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;the

Appears in 1 contract

Samples: Loan and Security Agreement (Sports Authority Inc /De/)

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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 judgment, in good faith (which shall be rebuttably presumed), based upon that Person's consideration of any such factor as that Person, taking into account information of which that Person then has actual knowledge, believes: (i) Would reasonably 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 Agent's realizing upon the Collateral and likely Costs of Collection); ; (ii) Indicates that any report or financial information delivered to the Agent or any Lender by or on behalf of the Borrowers is incomplete, inaccurate, or misleading in any material manner or was not prepared in accordance with the requirements of this Agreement;; or

Appears in 1 contract

Samples: Loan and Security Agreement (Lechters Inc)

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