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. (b) The burden of establishing the failure of any Agent or any Revolving Credit Lender to have acted in a reasonable manner in such Person's exercise of such discretion shall be the Borrowers'.
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Samples: Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (Value City Department Stores Inc /Oh), 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.
(b) The burden of establishing the failure of any the Agent or any Revolving Credit Lender to have acted in a reasonable manner in such Person's exercise of such discretion shall be the Borrowers'.
Appears in 2 contracts
Samples: Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (Retail Ventures 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 ’s exercise of its judgment, in good faith, based upon such information of which that Person then has actual knowledge.
(b) The burden of establishing the failure of any the Agent or any Revolving Credit Lender to have acted in a reasonable manner in such Person's ’s exercise of such discretion shall be the Borrowers'Borrower’s.
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