Determinations by Xxxxxx. 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 7 contracts
Samples: Assignment of Management Agreement and Subordination of Management Fees, Collateral Assignment of Management Agreement and Subordination of Management Fees, Collateral Assignment of Licenses, Certificates and Permits
Determinations by Xxxxxx. In Except to the extent expressly set forth in this Note to the contrary, 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 AssignmentNote, 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 Lender, as applicable (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: Multifamily Note, Multifamily Note, Multifamily Note
Determinations by Xxxxxx. 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: Memorandum of Understanding
Determinations by Xxxxxx. 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 Xxxxxx. 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, Non Disturbance and Attornment Agreement
Determinations by Xxxxxx. In Except to the extent expressly set forth in this Assignment to the contrary, 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 Lender, as applicable (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: Assignment of Equity Interests, Pledge and Security Agreement
Determinations by Xxxxxx. 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