Common use of Determinations by Lender Clause in Contracts

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this Assignment, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignment.

Appears in 54 contracts

Samples: Management Agreement, Assignment of Private Facility Management Agreement, Assignment of Management Agreement

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Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will shall be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentdiscretion.

Appears in 13 contracts

Samples: Repair Escrow Agreement, Repair Escrow Agreement, Repair Agreement

Determinations by Lender. In Unless otherwise provided in this Agreement, in any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will shall be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentdiscretion.

Appears in 8 contracts

Samples: Replacement Reserve Agreement, Replacement Reserve Agreement, Replacement Reserve Agreement

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where Lender is authorized to render any determination, judgment judgment, or decision is to be rendered by Lender under this AssignmentLoan Agreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentdiscretion.

Appears in 6 contracts

Samples: Loan Agreement (Vinebrook Homes Trust, Inc.), Loan Agreement, Loan Agreement

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment judgment, or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding withholding, or denial of such consent or approval and the rendering of such determination, judgment judgment, or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentdiscretion.

Appears in 3 contracts

Samples: Repair Agreement, Escrow Agreement, Escrow Agreement

Determinations by Lender. In Except as otherwise provided herein, in any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will shall be made or exercised by Lender (or Lender, in good faith and its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentreasonable discretion.

Appears in 2 contracts

Samples: Reserve and Security Agreement, Interest Reserve and Security Agreement (King Luther Capital Management Corp)

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determinationdetennination, judgment or decision is to be rendered by Lender under this AssignmentAssigmnent, the granting, withholding or denial of such consent or approval and the rendering of such determinationdetennination, judgment or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this AssignmentAssigmnent. 23.

Appears in 2 contracts

Samples: Property Management Agreement (Steadfast Apartment REIT, Inc.), Property Management Agreement (Steadfast Apartment REIT, Inc.)

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this Assignment, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment jud1,'111ent or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignment. 23.

Appears in 2 contracts

Samples: Property Management Agreement, Property Management Agreement (Steadfast Apartment REIT, Inc.)

Determinations by Lender. In Unless otherwise provided in this Agreement, in any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment judgment, or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding withholding, or denial of such consent or approval and the rendering of such determination, judgment judgment, or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentdiscretion.

Appears in 1 contract

Samples: Loan Agreement

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentdiscretion.

Appears in 1 contract

Samples: Repair and Escrow Agreement

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusiveoption, except as may be otherwise expressly and specifically provided in this Assignment.consistent with commercially reasonable standards of a prudent lender..

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will shall (except as otherwise expressly provided herein) be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will discretion, provided such consent or approval shall not be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentunreasonably withheld.

Appears in 1 contract

Samples: Management Agreement (Kilroy Realty, L.P.)

Determinations by Lender. In Except as otherwise provided in this Agreement, in any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will shall be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentdiscretion.

Appears in 1 contract

Samples: Repair Escrow Agreement (Consolidated Capital Institutional Properties)

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Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this AssignmentAgreement.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this Assignment, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignment. 23.

Appears in 1 contract

Samples: Management Agreement (Steadfast Apartment REIT, Inc.)

Determinations by Lender. In any instance in this Agreement where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will shall be made or exercised by Lender (or its designated representative) Lender, at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentdiscretion.

Appears in 1 contract

Samples: Replacement Reserve and Security Agreement (Consolidated Capital Institutional Properties)

Determinations by Lender. In Unless otherwise expressly provided in this Agreement, in any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will shall be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentbut reasonable discretion.

Appears in 1 contract

Samples: Rehabilitation Agreement (National Property Investors Iii)

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this Assignment, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will be made or exercised by Lender (( or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignment. 23.

Appears in 1 contract

Samples: Management Agreement (Steadfast Income REIT, Inc.)

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this AssignmentAgreement, the granting, withholding or denial of such consent or approval and the rendering of such determination, judgment or decision will shall be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, except as may be otherwise expressly and specifically provided in this Assignmentdiscretion.

Appears in 1 contract

Samples: Replacement Reserve Agreement

Determinations by Lender. In any instance where the consent or approval of Lender may be given or is required, or where any determination, judgment or decision is to be rendered by Lender under this Assignment, the granting, withholding or denial of such consent or approval and the rendering of such determinationdetern1ination, judgment or decision will be made or exercised by Lender (or its designated representative) at its sole and exclusive option and in its sole and absolute discretion and will be final and conclusive, . except as may be otherwise expressly and specifically provided in this Assignment. 23.

Appears in 1 contract

Samples: Property Management Agreement (Steadfast Apartment REIT, Inc.)

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