Lender Discretion. Nothing herein shall be construed to (a) require Lender to make Revolving Loans, and/or (b) prohibit Lender from lending in excess of the Borrowing Base, it being agreed that all such loans and advances shall be at Lender's sole discretion and shall not establish a pattern or custom binding upon Lender.
Lender Discretion. Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises requires that the insurance proceeds from insurance held by Landlord be applied to such indebtedness, then Landlord shall have the right to deliver written notice to Tenant terminating this Lease.
Lender Discretion. Nothing in this Agreement shall be construed as requiring Lender to grant any financial assistance to Borrower or as limiting or precluding Lender from the exercise of Lender’s independent judgment and discretion in connection with Lender’s financial arrangements with Borrower.
Lender Discretion. Wherever: (i) Lender exercises any right given to it to approve or disapprove; (ii) any arrangement or term is to be satisfactory to Lender; or (iii) any other decision or determination is to be made by Lender, then except as may be otherwise expressly and specifically provided therein, the decision to approve or disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, will be in the sole discretion of Lender, without regard for the adequacy of any security for the Obligations;
Lender Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender’s or the Issuer’s rights hereunder.
Lender Discretion. (i) For Borrower’s account, Lender may at any time provide in a Letter of Credit or otherwise agree to do or do the following:
Lender Discretion. In connection with making any determination, providing any consent or waiver, taking any discretionary action, or otherwise interpreting and/or implementing any provision of this Agreement (including any provision that is incorporated by reference from the Merger Agreement), it is understood and agreed by the parties hereto that the Lender shall, and shall be entitled to, exercise its discretion in its capacity as a secured lender to the Borrowers (“Lender Discretion”), notwithstanding that the Lender has and may from time to time have other relationships with the Borrowers and their affiliates (including as customer, counterparty to the Merger Agreement or any other relationship). The parties further understand and agree that the exercise of Lender Discretion could result in an outcome that would be different than would be the outcome in the absence of the exercise of Lender Discretion. Each Borrower hereby waives any potential, perceived or real conflict of interest caused or purported to be caused by the Lender having different relationships with the Borrowers and their affiliates and agrees not to assert any defense or claim (other than a claim based on a theory of gross negligence, bad faith and willful misconduct) against the Lender arising out of or in connection therewith in regard to the Obligations, this Agreement or otherwise. The parties acknowledge and agree that the Lender is entering into this Agreement and agreeing to the provisions hereof in material reliance upon the acknowledgements, agreements, and waivers contained in this Section 10. Each Borrower acknowledges that it has sought and received the advice of independent counsel on this subject and has knowingly and willingly agreed to the terms of this Section 10.
Lender Discretion. Any condition of this Agreement which requires the submission of evidence of the existence or non-existence of a specified fact or facts implies as a condition the existence or non-existence, as the case may be, of such fact or facts, and Lender shall, at all time, be free independently to establish to its satisfaction and in Lender’s discretion such existence or non-existence. Except as otherwise expressly provided in this Agreement, whenever Lender’s judgment, consent or approval is required hereunder for any matter, or Lender shall have an option or election hereunder, such judgment, the decision as to whether or not to consent to or approve the same or the exercise of such option or election shall be in the reasonable discretion of Lender.
Lender Discretion. 13 SECTION 1.4.
Lender Discretion. In each case where the consent or approval of Agent, all Lenders and/or Majority Lenders is required, or their non-obligatory action is requested by Borrower, then, unless otherwise specifically indicated, such consent, approval or action shall be in the sole and absolute discretion of Agent and, as applicable, each Lender, exercised in good faith.
