Determinations by Funding Lender. In any instance where the consent or approval of Funding Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Funding Lender under this Article III, including in connection with the Construction Funding Agreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision shall be made or exercised by the Funding Lender (or its designated representative), at its sole and exclusive option and in its sole and absolute discretion.
Appears in 11 contracts
Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement
Determinations by Funding Lender. In any instance where the consent or approval of Funding Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Funding Lender under this Article III, including in connection with the Construction Funding Agreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision shall be made or exercised by the Funding Lender (or its designated representative), at its sole and exclusive option and in its sole and absolute discretion.
Appears in 7 contracts
Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement
Determinations by Funding Lender. In any instance where the consent or approval of Funding Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Funding Lender under this Article III, including in connection with the Construction Funding AgreementAssignment, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision shall will be made or exercised by the Funding Lender (or its designated representative), ) at its sole and exclusive option and in its sole and absolute discretiondiscretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignment.
Appears in 4 contracts
Samples: Assignment of Management Agreement and Subordination of Management Fees, Assignment of Management Agreement and Subordination of Management Fees, Assignment of Management Agreement and Subordination of Management Fees
Determinations by Funding Lender. In Except to the extent expressly set forth in this Assignment to the contrary, in any instance where the consent or approval of Funding Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Funding Lender under this Article III, including in connection with the Construction Funding AgreementAssignment, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision shall will be made or exercised by the Funding Lender Lender, as applicable (or its designated representative), ) at its sole and exclusive option and in its sole and absolute discretion.
Appears in 2 contracts
Samples: Assignment of Equity Interests, Pledge and Security Agreement, Assignment of Equity Interests, Pledge and Security Agreement
Determinations by Funding Lender. In Unless otherwise stated herein, in any instance where the consent or approval of Funding Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Funding Lender under this Article III, including in connection with the Construction Funding Agreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision shall be made or exercised by the Funding Lender (or its designated representative), at its sole and exclusive option and in its sole and absolute discretion.
Appears in 1 contract
Samples: Borrower Loan Agreement
Determinations by Funding Lender. In any instance where the consent or approval of Funding Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Funding Lender under this Article III, including in connection with the Construction Funding Agreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision shall be made or exercised by the Funding Lender (or its designated representative), at its sole and exclusive option and in its sole and absolute discretion.the
Appears in 1 contract
Samples: Borrower Loan Agreement
Determinations by Funding Lender. In any instance where in which the consent or approval of Funding Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Funding Lender under this Article III, including in connection with the Construction Funding Agreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision shall be made or exercised by the Funding Lender (or its designated representative), at its sole and exclusive option and in its sole and absolute discretion.
Appears in 1 contract
Samples: Borrower Loan Agreement
Determinations by Funding Lender. In In any instance where the consent or approval of Funding Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Funding Lender under this Article III, including in connection with the Construction Funding Agreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision shall be made or exercised by the Funding Lender (or its designated representative), at its sole and exclusive option and in its sole and absolute discretion.
Appears in 1 contract
Samples: Borrower Loan Agreement
Determinations by Funding Lender. In any instance where the consent or approval of Funding Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Funding Lender under this Article III, including in connection with the Construction Funding Agreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision shall be made or exercised by the Funding Lender (or its designated representative), at its sole and exclusive option and in its sole and absolute discretion.such
Appears in 1 contract
Samples: Borrower Loan Agreement
Determinations by Funding Lender. In any instance where the consent or approval of Funding Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Funding Lender under this Article III, including in connection with the Construction Funding Agreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision shall be made or exercised by the Funding Lender (or its designated representative), at its sole and exclusive option and in its sole and absolute discretion, unless otherwise expressly provided.
Appears in 1 contract
Samples: Borrower Loan Agreement