Common use of Lender Discretion Clause in Contracts

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.

Appears in 6 contracts

Samples: Commercial Revolving Loan, Demand Loan and Security Agreement (Netplex Systems Inc), Commercial Revolving Loan, Term Loan and Security Agreement (Memry Corp), Commercial Revolving Loan, Demand Loan and Security Agreement (Saztec International Inc)

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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.

Appears in 3 contracts

Samples: Revolving Loan Agreement (Ziplink Inc), Revolving Loan Agreement (Ziplink Inc), Revolving Loan and Security Agreement (Ziplink Inc)

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 Revolving Loan Borrowing Base, it being agreed that all such loans and advances shall be at Lender's sole (but in the case of (a) above, reasonable) discretion and shall not establish a pattern or custom binding upon Lender.

Appears in 2 contracts

Samples: Commercial Revolving Loan, Term Loan, Line of Credit and Security Agreement (Memry Corp), Commercial Loan Agreement (Memry Corp)

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 Equipment Loan 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.

Appears in 2 contracts

Samples: Commercial Loan Agreement (Memry Corp), Commercial Revolving Loan, Term Loan, Line of Credit and Security Agreement (Memry Corp)

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 Revolving Loan 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.

Appears in 1 contract

Samples: Commercial Revolving Loan, Demand Loan and Security Agreement (Industrial Technologies Inc)

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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 Revolving Loan Borrowing Base, it being agreed that all such loans and advances shall be at Lender's ’s sole (but in the case of (a) above, reasonable) discretion and shall not establish a pattern or custom binding upon Lender.

Appears in 1 contract

Samples: Commercial Revolving Loan, Term Loan, Line of Credit and Security Agreement (Memry Corp)

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 Equipment Loan Borrowing Base, it being agreed that all such loans and advances shall be at Lender's ’s sole discretion and shall not establish a pattern or custom binding upon Lender.

Appears in 1 contract

Samples: Commercial Revolving Loan, Term Loan, Line of Credit and Security Agreement (Memry Corp)

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