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: Loan and Security Agreement (Saztec International Inc), Loan and Security Agreement (Memry Corp), Loan and Security Agreement (Cycomm International 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 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: Loan Agreement (Ziplink Inc), 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: Asset Purchase Agreement (Memry Corp), 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 sole discretion and shall not establish a pattern or custom binding upon Lender.
Appears in 2 contracts
Samples: Credit and Security Agreement (Memry Corp), Asset Purchase 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 ’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
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: Loan and Security Agreement (Industrial Technologies 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 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
