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.
Appears in 6 contracts
Samples: Credit Agreement (Theragenics Corp), Credit Agreement (Theragenics Corp), Credit Agreement (Theragenics Corp)
Bank's Consent. Except where as otherwise expressly provided in the Loan Documentsherein, in any instance hereunder where the approval, consent, Bank's approval or consent is required or the exercise of Bank’s its judgment or discretion is required or permittedrequired, the granting or denial of such approval or consent and the exercise of such judgment or discretion shall be (a) within the sole but reasonable discretion of Bank; , and (b) deemed Bank shall not, for any reason or to have been given only by 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 specific writing intended for the purpose given and executed by Bankcommercially reasonable manner.
Appears in 6 contracts
Samples: Loan Agreement (CBL & Associates Properties Inc), Loan Agreement (CBL & Associates Properties Inc), Loan Agreement (CBL & Associates Properties Inc)
Bank's Consent. Except where as otherwise expressly provided in the Loan Documentsherein, in any instance hereunder where the approval, consent, Bank’s approval or consent is required or the exercise of Bank’s its judgment or discretion is required or permittedrequired, the granting or denial of such approval or consent and the exercise of such judgment or discretion shall be (a) within the sole reasonable discretion of Bank; , and (b) deemed Bank shall not, for any reason or to have been given only any extent, be required to grant such approval or consent or exercise such judgment. 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 a specific writing intended for the purpose given it hereunder in good faith and executed by Bankin reliance thereon.
Appears in 5 contracts
Samples: Loan Agreement, Loan Agreement (Miller Industries Inc /Tn/), Loan Agreement (Miller Industries Inc /Tn/)
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 '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 BankBank exercising commercially reasonable credit judgment; and (b) deemed to have been given only by a specific writing intended for the purpose given and executed by Bank.
Appears in 2 contracts
Samples: Credit Agreement (Astec Industries Inc), Credit Agreement (Astec Industries Inc)
Bank's Consent. Except where as otherwise expressly provided in the Loan Documentsherein, in any instance hereunder where the approval, consent, Bank's approval or consent is required or the exercise of Bank’s its judgment or discretion is required or permittedrequired, the granting or denial of such approval or consent and the exercise of such judgment or discretion shall be (a) within the sole reasonable discretion of Bank; , and (b) deemed Bank shall not, for any reason or to have been given only any extent, be required to grant such approval or consent or exercise such judgment. 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 a specific writing intended for the purpose given it hereunder in good faith and executed by Bankin reliance thereon.
Appears in 2 contracts
Samples: Loan Agreement (Miller Industries Inc /Tn/), Loan Agreement (Miller Industries Inc /Tn/)
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 '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.
Appears in 1 contract
Samples: Credit Agreement (Jones Financial Companies Lp LLP)
Bank's Consent. Except where as otherwise expressly provided in the Loan Documentsherein, in any instance hereunder where the approval, consent, Bank's approval or consent is required or the exercise of Bank’s its judgment or discretion is required or permittedrequired, the granting or denial of such approval or consent and the exercise of such judgment or discretion shall be (a) within the sole but reasonable discretion of Bank; , and (b) deemed Bank shall not, for any reason or to have been given only by any extent, be required to grant such approval or consent or exercise such judgment provided that Bank shall proceed at all times in good faith and in a specific writing intended for the purpose given and executed by Bankcommercially reasonable manner.
Appears in 1 contract
Bank's Consent. Except where as otherwise expressly provided in the Loan Documentsherein, in any instance hereunder where the approval, consent, Bank's approval or consent is required or the exercise of Bank’s its judgment or discretion is required or permittedrequired, the granting or denial of such approval or consent and the exercise of such judgment or discretion shall be (a) within the sole but reasonable discretion of Bank; , and (b) deemed Bank shall not, for any reason or C SGE 450404 v7 2100000-C03120 5/14/2009 to have been given only by any extent, be required to grant such approval or consent or exercise such judgment provided that Bank shall proceed at all times in good faith and in a specific writing intended for the purpose given and executed by Bankcommercially reasonable manner.
Appears in 1 contract
Bank's Consent. Except where as otherwise expressly provided in the Loan Documentsherein, in any instance hereunder where the approval, consent, Bank's approval or consent is required or the exercise of Bank’s its judgment or discretion is required or permittedrequired, the granting or denial of such approval or consent and the exercise of such judgment or discretion shall be (a) within the sole reasonable discretion of Bank; , and (b) deemed Bank shall not, for any reason or to have been given only by 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 specific writing intended for the purpose given and executed by Bankcommercially reasonable manner.
Appears in 1 contract
Samples: Revolving Credit Loan Agreement (CBL & Associates Properties Inc)
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 '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.
Appears in 1 contract
Samples: Credit Agreement (Forward Air Corp)