AGENT'S AND REVOLVING CREDIT LENDERS' DISCRETION. (a) Each reference in the Loan Documents to the exercise of reasonable, good faith discretion or the like by any Agent or any Revolving Credit Lender shall be to such Person's exercise of its judgment, in good faith, based upon such information of which that Person then has actual knowledge.
Appears in 4 contracts
Samples: Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (DSW Inc.)
AGENT'S AND REVOLVING CREDIT LENDERS' DISCRETION. (a) Each reference in the Loan Documents to the exercise of reasonable, good faith discretion or the like by any the Agent or any Revolving Credit Lender shall be to such Person's exercise of its judgment, in good faith, based upon such information of which that Person then has actual knowledge.
Appears in 2 contracts
Samples: Loan and Security Agreement (Retail Ventures Inc), Loan and Security Agreement (DSW Inc.)
AGENT'S AND REVOLVING CREDIT LENDERS' DISCRETION. (a) Each reference in the Loan Documents to the exercise of reasonable, good faith discretion or the like by any the Agent or any Revolving Credit Lender shall be to such Person's reasonable exercise of its judgment, in good faith, based upon such Person's consideration of any such factors as the Agent or that Revolving Credit Lender believes, taking into account information of which that Person then has actual knowledge.:
Appears in 2 contracts
Samples: Loan and Security Agreement (Gander Mountain Co), Loan and Security Agreement (Gander Mountain Co)
AGENT'S AND REVOLVING CREDIT LENDERS' DISCRETION. (a) Each reference in the Loan Documents to the exercise of reasonablediscretion, good faith discretion reasonable discretion, or the like by any Agent or any Revolving Credit Lender shall be to such Person's ’s reasonable exercise of its judgment, in good faithfaith (which shall be rebuttably presumed), based upon such Person’s consideration of any such factors as that Agent or that Revolving Credit Lender, taking into account information of which that Person then has actual knowledge., reasonably believes:
Appears in 2 contracts
Samples: Revolving Credit Note (Casual Male Retail Group Inc), Revolving Credit Note (Casual Male Retail Group Inc)
AGENT'S AND REVOLVING CREDIT LENDERS' DISCRETION. (a) Each reference in the Loan Documents to the exercise of reasonable, good faith discretion or the like by any the Agent or any Revolving Credit Lender shall be to such Person's reasonable exercise of its judgment, in good faithfaith (which shall be presumed), based upon such information of which that Person then has actual knowledge.
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AGENT'S AND REVOLVING CREDIT LENDERS' DISCRETION. (a) Each reference in the Loan Documents to the exercise of reasonable, good faith discretion or the like by any the Agent or any Revolving Credit Lender shall be to such Person's ’s reasonable exercise of its judgment, in good faith, based upon such Person’s consideration of any such factors as the Agent or that Revolving Credit Lender believes, taking into account information of which that Person then has actual knowledge.:
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