Bank’s Consent or Approval. 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 discretion of Bank, and (b) deemed to have been given only by a specific writing intended for the purpose and executed by Bank. Each provision for consent, approval, inspection, review, or verification by Bank is for Bank’s own purposes and benefit only.
Bank’s Consent or Approval. Except where otherwise expressly provided in this Agreement or the other Warehouse Documents, in any instance under this Agreement or the other Warehouse Documents where the approval, consent or the exercise of judgment of Bank is required: (a) the granting or denial of such approval or consent and the exercise of such judgment shall be (i) within the sole and absolute discretion of Bank and (ii) deemed to have been given only by a specific writing intended for that purpose and executed by Bank; and (b) in order to be effective, such approval, consent or exercise of judgment must be given by Bank prior to the applicable action to be taken by Seller which requires Bank’s approval, consent or exercise of judgment, unless otherwise agreed to in writing by Bank. Each provision for consent, approval, inspection, review, or verification by Bank is for Bank’s own purposes and benefit only.
Bank’s Consent or Approval. (A) Except where otherwise expressly provided in the Loan Documents, in any instance where any matter or thing is required to be “satisfactory” to Bank or to Bank’s “satisfaction”, or in Bank’s “discretion” and/or where the approval, consent, or the exercise of Bank’s judgment or discretion is otherwise 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 and absolute discretion of Bank; and (b) deemed to have been given only by a specific writing intended for the purpose given and executed by Bank.
(B) Notwithstanding any approvals or consents by Bank, Bank has no obligation or responsibility whatsoever for the adequacy, form or content of any contract, any lease, or any other matter incident to any Project. Any inspection or audit of any Project or the 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, maintenance or operation of any Project, or relieve Borrower of any of Borrower’s obligations. Bank has no duty to supervise or to inspect any Project 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 any Project.
Bank’s Consent or Approval. Except where otherwise expressly provided in the Loan Documents, in any instance where any matter or thing is required to be “satisfactory” to Bank or to Bank’s “satisfaction”, or in Bank’s “discretion” where the approval, consent, or the exercise of Bank’s judgment or discretion is otherwise 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 and absolute 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 or Approval. If, in this Agreement or any other Credit Document, the Bank has the right to give or withhold its consent or similar approval with respect to any matter, then — unless this Agreement or the other Credit Document, as applicable, expressly and specifically provides otherwise — the Bank shall be deemed to have the right to give or exercise, or to not give or exercise, such consent or approval in its sole and absolute discretion, and/or to condition its consent or approval in such manner as the Bank may elect in its sole and absolute discretion; and any such consent or approval shall be deemed to have not been given by the Bank unless such consent or approval is evidenced by a contemporaneous writing signed or authenticated by the Bank and delivered to a Borrower. The provisions of this Section 1.2(c) shall prevail over any conflicting provisions of this Agreement or the other Credit Documents.
