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 58 contracts
Samples: Collateral Assignment of Management Agreement and Subordination of Management Fees, Assignment of Private Facility Management Agreement, Collateral Assignment of Service 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 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 (Reven Housing 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 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, Repair and Escrow Agreement, Repair 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 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.
Appears in 2 contracts
Samples: Assignment of Management Agreement and Subordination of Management Fees, Assignment of Management Agreement and Subordination of Management Fees (Steadfast Apartment REIT, Inc.)
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: Interest 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: Assignment of Management Agreement and Subordination of Management Fees (Steadfast Apartment REIT, Inc.), Assignment of Management Agreement and Subordination of Management Fees (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 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.
Appears in 1 contract
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 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)
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: 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 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: Subordination, 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: Deed of Trust, Security Agreement and Fixture Filing (Kilroy Realty, L.P.)
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: Subordination, 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.
Appears in 1 contract
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)