Discretion of Lender. Whenever Lender's consent or approval is required under this Agreement, the decision as to whether or not to consent or approve shall be in the sole and exclusive discretion of Lender and Lender's decision shall be final and conclusive.
Discretion of Lender. The Lender shall have determined, in its sole and absolute discretion that the making of such Advance is desirable;
Discretion of Lender. Upon the written request by the Lender, and prior to any payment by the MSF on a particular Authorized Claim arising out of an Enrolled Loan, the particular End Loan shall be withdrawn as an Enrolled Loan.
Discretion of Lender. Wherever pursuant to such Loan Document, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Lender exercised in subjective good faith and shall be final and conclusive, except as may be otherwise specifically provided therein. In addition, Lender will have the right to refuse to grant its consent, approval or acceptance or to indicate its satisfaction whenever such consent, approval, acceptance or satisfaction shall be required under such Loan Document, subject to the applicable standard of discretion. Notwithstanding the foregoing, if such Loan Document expressly states that Lender will use its “reasonable” discretion or judgment (or words and phrases of similar import) in making any particular decision to approve or disapprove or to decide that any particular arrangements or terms are satisfactory or not satisfactory to Lender, then in such event (and in only such event) Lender shall exercise the same degree of discretion that a prudent commercial real estate lender would exercise in the same or similar circumstances.
Discretion of Lender. Wherever pursuant to this Security Instrument (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory and all other decisions and determinations made by Lender, shall be in the reasonable discretion of Lender, except as may be otherwise expressly and specifically provided herein.
Discretion of Lender. Notwithstanding any other terms of -------------------- this Agreement, Eligible Accounts, Eligible Pending Accounts Receivable, Fixed Contract Accounts Receivable and Borrowing Base, and appropriate reserve levels from the availability under the Borrowing Base, shall be determined by the Lender from time-to-time in its sole discretion.
Discretion of Lender. 21 Section 5.04 Conditions Solely for the Lender's Benefit..................................... 21
Discretion of Lender. Notwithstanding the nonfulfillment of any condition referred to above, the Lender may make an Advance pursuant to the Credit if the Lender, in its discretion, shall determine. The making of any Advance by the Lender, either before or after the fulfillment of all applicable conditions, will not constitute an approval, acceptance or waiver by the Lender of any condition or Default.
Discretion of Lender. Although the obligation of the Lender to make Advances pursuant to this Section 7 is dependent upon the fulfillment of the conditions specified in this Section 7 and subject to the procedures specified in this Section 7, it is acknowledged that the Lender may, in its sole reasonable discretion, make any Advance in the absence of strict compliance with such conditions and procedures from time to time. Without limiting the generality of Sections 9.6 or 9.7 of this Agreement, no such action by the Lender shall in any way affect the ability of the Lender to subsequently require such strict compliance. Nothing in this Section shall be deemed to create any specific rights in favor of any third parties including, without limitation, any beneficiary under Section 22 of the New York Lien Law. DEFAULTS AND REMEDIES.
Discretion of Lender as to Manner of ------------------------------------ Funding. ------- Notwithstanding any other provision of this Agreement, each Lender shall be entitled to fund and maintain its funding of all or any part of its Revolving Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder with respect to Eurodollar Loans shall be made as if each Lender had actually funded and maintained each Eurodollar Loan through the purchase of deposits in the interbank eurodollar market having a maturity corresponding to such Eurodollar Loan's Interest Period, and bearing an interest rate equal to LIBOR for such Interest Period.
