Discretionary Action. Wherever, under the provisions of this Plan, the Plan Administrator is given any discretionary power or powers, such power or powers shall not be exercised in such manner as to cause any discrimination prohibited by the Code in favor of or against any Member, Employee or class of Employees. Any discretionary action taken by the Plan Administrator hereunder shall be consistent with any prior discretionary action taken by it under similar circumstances and to this end the Plan Administrator shall keep a record of all discretionary action taken by it under any provision hereof.
Discretionary Action. Wherever under the provisions of this Agreement the Committee is given any discretionary power or powers, such power or powers shall not be exercised in such manner as to cause any discrimination in favor of or against any Employee or class of Employees.
Discretionary Action. The Lenders hereby acknowledge that the Administrative Agent shall be under no duty to take any discretionary action permitted to be taken by it pursuant to the provisions of this Agreement unless it shall be requested in writing to do so by the Majority Lenders.
Discretionary Action. A discretionary approval or disapproval that requires exercise of judgment, deliberation, or a decision, and that contemplates and authorizes the imposition of revisions or conditions by CITY, including any board, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity. Amended and Restated Railyards Development Agreement Revision Date: 10-21-2016
Discretionary Action. 50 9.06 Evidence on Which Committee May Act........................ 50 9.07
Discretionary Action. Whenever under the provisions of this --------------------- Agreement the Trustees are given any discretionary power or powers, such power or powers shall not be exercised in any manner as to cause any discrimination in favor of or against any Employee or class of Employees. Any discretionary action taken by the Trustees hereunder shall, to the extent possible, be consistent with any prior discretionary action taken by them under similar circumstances and to this end the Trustees shall keep a record of all discretionary action taken by them under any provisions hereof.
Discretionary Action. Except as otherwise required by law, the Trustee will not take any discretionary action permitted under the Transaction Documents, make any request permitted thereunder, give any consent required or permitted thereunder, or waive any claim, condition or defense, without prior consultation with, and will act in respect of all such matters as directed in writing by, the Beneficial Owner with respect to the affected Series.
Discretionary Action. Any discretionary action, including the granting of a loan pursuant to Article XII hereof, to be taken by the employer or the Administrator under this Plan shall be nondiscriminatory in nature and all Employees similarly situated shall be treated in a uniform manner.
Discretionary Action. As used herein, a "Discretionary Action" is an intended action, activity or improvement that is not a Required Action or a Permitted Use, and does not involve a Prohibited Use.
Discretionary Action. Notwithstanding anything else to the contrary herein, whenever reference is made in this Agreement to any discretionary action by, consent, designation, specification, requirement or approval of, notice, request or other communication from, or other direction given or action to be undertaken or to be (or not to be) suffered or omitted by the Collateral Agent or to any election, decision, opinion, acceptance, use of judgment, expression of satisfaction, reasonable satisfaction or other exercise of discretion, rights or remedies to be made (or not to be made) by the Collateral Agent, it is understood that in all cases the Collateral Agent shall be fully justified in failing or refusing to take any such action under this Agreement if it shall not have received such written instruction, advice or concurrence of the the Required Secured Creditors as it deems appropriate. This provision is intended solely for the benefit of the Collateral Agent and its successors and permitted assigns and is not intended to and will not entitle the other parties hereto to any defense, claim or counterclaim, or confer any rights or benefits on any party hereto.
