Discretionary Disbursements. Lender, in its sole and absolute discretion, may immediately upon notice to Borrower, disburse any or all proceeds of the Revolving Loans made or available to Borrower pursuant to this Agreement to pay any fees, costs, expenses or other amounts required to be paid by Borrower hereunder and not so paid. All monies so disbursed shall be a part of the Obligations, payable by Borrower on demand from Lender.
Discretionary Disbursements. The Bank, in its sole and absolute discretion, may immediately upon notice to the Borrower, disburse any or all proceeds of the Loans made or available to the Borrower pursuant to this Agreement to pay any fees, costs, expenses or other amounts required to be paid by the Borrower hereunder and not so paid. All monies so disbursed shall be a part of the Obligations, payable by the Borrower on demand from the Bank.
Discretionary Disbursements. The Participant acknowledges that all disbursements from a Lifetime Beneficiary’s Subaccount are discretionary, as determined by the Trustee or if subject to a guardianship pursuant to court order or a court approved budget. Prior to making distributions, Marquette Bank, as Trustee, shall consider the following factors:
(a) Any other available monies of the Lifetime Beneficiary;
(b) Any benefits received by the Lifetime Beneficiary from any federal, state, local government, agency and/or department;
(c) The effect the distribution may have on the Lifetime Beneficiary’s eligibility and/or receipt of public or private benefits;
(d) The size of the corpus of the trust;
(e) The life expectancy of the Lifetime Beneficiary;
(f) The amount of money requested;
(g) The purpose for the request; and
(h) The current and future needs for the Lifetime Beneficiary.
Discretionary Disbursements. Agent, in its sole and absolute discretion, may after seven (7) day’s prior notice to Representative accompanied by a description of the fee, cost or expense claimed, in the event there are no funds available to automatically debit, disburse any or all proceeds of Loans made or available to Borrowers pursuant to this Agreement and/or the other Loan Documents to pay any fees, costs, expenses or other amounts required to be paid by Borrowers hereunder and not so paid. All monies so disbursed shall be a part of Borrowers’ Obligations, payable by Borrowers on demand.
Discretionary Disbursements. The Participant acknowledges that all disbursements from a Subaccount are discretionary, as determined by the Trustee. As such, the Participant may elect one of the following Discretionary Distribution Standards by which Marquette Bank, as Trustee, shall make distributions to Lifetime Beneficiaries (please initial on the line next to the selected option):
Discretionary Disbursements. Bank, in its sole and absolute discretion, may immediately, upon notice to Borrower, disburse any or all proceeds of Loans made or available to Borrower pursuant to this Agreement and/or the Other Agreements to pay any fees, costs, expenses or other amounts required to be paid by Borrower hereunder and not so paid. All monies so disbursed by Bank shall be a part of Borrower's Liabilities, payable by Borrower on demand.
Discretionary Disbursements. In the event that Borrower fails to make such payments when due, Bank may in its sole discretion, but shall not be obligated to, upon ten (10) days' written notice thereof to Borrower, approve disbursements from the Construction Funds or Owner's Equity to pay (a) part or all of any or all mortgages or deeds of trust recorded after the date Borrower acquires title to the Property (no permission of the Bank hereby applied); (b) except to the extent the taxes or assessments are for the period prior to the date Borrower acquires title to the Property, any or all assessments and taxes of any kind or character, including but not limited to any withholding tax and any real estate taxes and/or special assessments affecting the Property, whether delinquent or not; (c) claims, liens and/or judgments against or affecting Borrower or claims, liens or judgments affecting the Property based on actions after the date Borrower acquires title to the Property; (d) any and all other additional costs, expenses or items appropriate to maintain or place the Deed of Trust in a first lien priority position, or (e) such other costs, expenses and sums as may be owing from time to time by Borrower to Bank under or with respect to any of the Loan Documents, including but not limited to any amounts owing for insurance required thereunder, and (f) any amounts necessary to complete construction of the Improvements as provided in Section 9.2(c).
Discretionary Disbursements. The Bank, in its sole discretion, may at from time to time and without prior notice to the Borrower immediately disburse any or all proceeds of the Loans made or available to Borrower pursuant to this Agreement to pay any out-of-pocket fees, costs, expenses, or other amounts required to be paid by the Borrower hereunder or under any of the other Loan Documents. All monies so disbursed shall be a part of the Obligations, payable by the Borrower on demand from the Bank. Upon the Borrower’s request, Bank shall provide copies of invoices and reasonable documentation supporting the computation of such amounts.
Discretionary Disbursements. During the existence of an Event of Default, the Bank, in its sole and absolute discretion, may immediately upon notice to the Borrower, disburse any or all proceeds of the Loans made or available to the Borrower pursuant to this Agreement to pay any fees, costs, expenses or other amounts required to be paid by the Borrower hereunder and not so paid. All monies so disbursed shall be a part of the Obligations, payable by the Borrower on demand from the Bank.
Discretionary Disbursements. The Administrative Agent, in its sole and absolute discretion, may immediately upon notice to the Borrower, disburse any or all proceeds of the Loan made or available to the Borrower pursuant to this Agreement to pay any fees, costs, expenses or other amounts required to be paid by the Borrower hereunder and not so paid.
