Bank's Consent. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent, or the exercise of Bank’s judgment or discretion is required or permitted, the granting or denial of such approval or consent and the exercise of such judgment or discretion shall be (a) within the sole discretion of Bank; and (b) deemed to have been given only by a specific writing intended for the purpose given and executed by Bank.
Bank's Consent. Each Bank, by its execution hereof, hereby consents to this Amendment pursuant Section 11.1 of the Credit Agreement.
Bank's Consent. Except as otherwise expressly provided herein, in any instance hereunder where Bank's approval or consent is required or the exercise of its judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be within the sole discretion of Bank, and Bank shall not, for any reason or to any extent, be required to grant such approval or consent or exercise such judgment provided that the Bank shall proceed at all times in good faith and in a commercially reasonable manner. Bank may consult with counsel, and the written advice or opinion of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon.
Bank's Consent. Whenever any Bank's consent is required to be obtained under this Agreement or any of the other Loan Documents as a condition to any action, inaction, condition or event, the Banks and each Bank shall be authorized to give or withhold such consent in its sole and absolute discretion and to
Bank's Consent. The Bank hereby agrees to the amendments to the Facility Agreement set out in Clause 5 and to the Borrower issuing guarantees under the indenture referred to in Recital (B) on condition that:
2.1.1 the Bank, or its authorised representative, has received the documents and evidence specified in Clause 3.1 in form and substance satisfactory to the Bank; and
2.1.2 the representations and warranties contained in clause 4 are then true and correct as if each was made with respect to the facts and circumstances existing at such time; and
Bank's Consent. On or prior to the Closing Date, Xxxxxxx -------------- shall have received the consent of its primary lenders to the transactions contemplated herein, and such consent cannot be waived without the prior written approval of Xxxxxxx and Chai, and provided further that such banks' consent is subject only to such conditions as are reasonably acceptable to the Company, Chai and to Century.
Bank's Consent. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of judgment of Bank is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole reasonable discretion of Bank; and (b) deemed to have been given only by a specific writing intended for the purpose given and executed by Bank. Notwithstanding any approvals or consents by Bank, Bank has no obligation or responsibility whatsoever for the adequacy, form or content of the Plans, the Budget, any contract, any change order, any lease, or any other matter incident to the Property or the construction of the Improvements. Bank's acceptance of an assignment of the Plans shall not constitute approval of the Plans. Any inspection or audit of the Property or the books and records of Borrower, or the procuring of documents and financial and other information, by or on behalf of Bank shall be for Bank's protection only, and shall not constitute any assumption of responsibility to Borrower or anyone else with regard to the condition, construction, maintenance or operation of the Property, or relieve Borrower of any of Borrower's obligations. Borrower has selected all surveyors, architects, engineers, contractors, materialmen and all other persons or entities furnishing services or materials to the Project. Bank has no duty to supervise or to inspect the Property or the construction of the Improvements nor any duty of care to Borrower or any other person to protect against, or inform Borrower or any other person of, the existence of negligent, faulty, inadequate or defective design or construction of the Improvements. Bank shall not be liable or responsible for any defect in the Property or the Improvements, the performance or default of Borrower, Borrower's architect, engineer and contractor, or any other party, or for any failure to construct, complete, protect or insure the Improvements, or for the payment of costs of labor, materials, or services supplied for the construction of the Improvements, or for the performance of any obligation of Borrower whatsoever. Nothing, including any advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Bank. Inspection shall not constitute an acknowledgment or representation by Bank that there has been or will be compliance with the Plans, Loan Documents, applicab...
Bank's Consent. Neither Authority nor Redeveloper will amend, modify, terminate, cancel or surrender the Lease without Bank’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, and unless such prior written consent is obtained, any such action shall be null and void and of no force or effect.
Bank's Consent. The Administrative Agent will promptly notify the Borrowers of the acceptance or rejection of any such request and, if accepted, the time requirements for requesting Borrowings in such Agreed Alternative Currency.
Bank's Consent. The State shall obtain the prior written consent of the Banks to the replacement of the Issuing and Paying Agent, or any other entity that is a party to a Related Document (other than the holders of the Notes), which consent shall not be unreasonably withheld.