Right to Exclude/Adjust Sample Clauses

Right to Exclude/Adjust. Lender, in its reasonable discretion, may exclude Lots or Homes from the Borrowing Base, adjust the Base Appraisal of such Lots or Homes, and/or adjust the applicable classification of property included in the Borrowing Base if: (a) Such Lots or Homes are subject to unrepaired material damage or destruction; (b) Lender reasonably determines that any Production Homes are to be removed from the Borrowing Base as provided herein in order to comply with the Production Home Limitation requirements.; (c) Lender reasonably determines, based on the information provided by Borrower pursuant to Section 6.4, that reclassification of property included in the Borrowing Base is appropriate due to delays in development, changes in the Plans and Specifications, loss or change of zoning or other Approvals and Permits, Borrower’s failure to satisfy applicable conditions for inclusion in the designated classification, or the occurrence of a Material Adverse Change; (d) Lender reasonably determines that Spec Homes are to be removed from the Borrowing Base as provided herein in order to comply with the Spec Home Limitation requirements. (e) The exclusion of Lots and/or Homes from the Borrowing Base shall not require Lender to release such property from the Deed of Trust, and Lender shall be obligated to release Collateral only pursuant to the provisions of Section 3.
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Right to Exclude/Adjust. Lender, in its discretion, may exclude Lots or Homes from the Borrowing Base, adjust the Appraised Value of Lots or Homes, and/or adjust the applicable classification of property included in the Borrowing Base if: (i) A portion of the Project is subject to unrepaired material damage or destruction; (ii) Lender determines that a Purchase Contract with respect to Lots or Homes is in default or has been terminated or canceled or that the purchaser is not financially able to complete the purchase under the subject Purchase Contract; (iii) Lender determines, based on the information provided by Borrower pursuant to Section 6.4, that reclassification of property included in the Borrowing Base is appropriate due to delays in development, changes in the Plans and Specifications, loss or change of zoning or other Approvals and Permits, Borrower's failure to satisfy applicable conditions for inclusion in the designated classification, or the occurrence of a Material Adverse Change; (iv) Lender determines that Spec Homes are to be removed from the Borrowing Base under Section 2.2.3(d) in order to remargin the Loan (provided, however, that Lender shall only be permitted to make such determination in the event that Borrower has failed to comply with the provisions of Section 2.2.3(d)(i) to remargin the Loan).
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Right to Exclude/Adjust. Lender, in its discretion, may exclude Lots or Homes from the Borrowing Base, adjust the Appraised Value of Lots or Homes, and/or adjust the applicable classification of property included in the Borrowing Base if: (i) A portion of the Project is subject to unrepaired material damage or destruction which Borrower has not undertaken to repair; (ii) [intentionally omitted]; (iii) Lender determines, based on the information provided by Borrower pursuant to Section 6.4, that reclassification of property included in the Borrowing Base is appropriate due to loss or change of zoning or other Approvals and Permits, Borrower’s failure to satisfy applicable conditions for inclusion in the designated classification, or the occurrence of a Material Adverse Change; (iv) Lender determines that Spec Homes are to be removed from the Borrowing Base under Section 2.2.3(d) in order to remargin the Loan (provided, however, that Lender shall only be permitted to make such determination in the event that Borrower has failed to comply with the provisions of Section 2.2.3(d)(i) to remargin the Loan).
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Right to Exclude/Adjust. Required Banks, in their discretion, may exclude property or reduce the Net Book Value and/or Market Value of portions of the Project from its calculation of the Maximum Borrower Debt to Value Ratio, if (i) a portion of the Project is subject to unrepaired material damage or destruction, (ii) (A) any Release (as defined in the Environmental Indemnity) of any Hazardous Substance (as defined in the Environmental Indemnity) in excess of reportable quantities prescribed by applicable law occurs or is discovered on or about all or any portion of the Project and Administrative Agent reasonably determines that Borrower will be unable to remove or remediate such Release, or cause such removal or remediation, prior to the Maturity Date, and which Release has had, or could reasonably be expected to have, a materially adverse effect on the value of the Project, or (B) Borrower fails to comply with any term or provision set forth in the Environmental Indemnity; provided, however, that any such exclusion or reduction by Required Banks pursuant to the foregoing clause (ii)(A) shall be limited to those portions of the Project affected by such Release which have not been remediated to the reasonable satisfaction of Administrative Agent prior to the effectiveness of the Stepdown Event (as defined in the Maintenance Agreements), (iii) Administrative Agent determines that a Purchase Contract with respect to the Project is in default or has been terminated or canceled, or (iv) a decrease in the Market Value based upon an Appraisal pursuant to Section 6.3.10. The exclusion of any property or the
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Related to Right to Exclude/Adjust

  • Not Exclusive Nothing herein shall be construed as prohibiting you or your affiliates from acting as an underwriter or financial adviser or in any other capacity for any other persons (including other registered investment companies or other investment managers).

  • Rights cumulative, non-exclusive The rights and remedies which the Finance Documents give to each Creditor Party are: (a) cumulative; (b) may be exercised as often as appears expedient; and (c) shall not, unless a Finance Document explicitly and specifically states so, be taken to exclude or limit any right or remedy conferred by any law.

  • Breach excludes 11 1) Any unintentional acquisition, access, or use of PHI by a workforce member or 12 person acting under the authority of CONTRACTOR or COUNTY, if such acquisition, access, or use 13 was made in good faith and within the scope of authority and does not result in further use or disclosure 14 in a manner not permitted under the Privacy Rule. 15 2) Any inadvertent disclosure by a person who is authorized to access PHI at 16 CONTRACTOR to another person authorized to access PHI at the CONTRACTOR, or organized health 17 care arrangement in which COUNTY participates, and the information received as a result of such 18 disclosure is not further used or disclosed in a manner not permitted under the HIPAA Privacy Rule. 19 3) A disclosure of PHI where CONTRACTOR or COUNTY has a good faith belief 20 that an unauthorized person to whom the disclosure was made would not reasonably have been able to 21 retain such information.

  • Rights Not Exclusive The rights provided for in this Agreement and the other Loan Documents are cumulative and are not exclusive of any other rights, powers, privileges or remedies provided by law or in equity, or under any other instrument, document or agreement now existing or hereafter arising.

  • Indemnification Not Exclusive, etc The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

  • Indemnification Not Exclusive The right of indemnification hereby provided shall not be exclusive of or affect any other rights to which any such Covered Person may be entitled. As used in this Article 10, the term "Covered Person" shall include such person's heirs, executors and administrators, and a "disinterested person" is a person against whom none of the actions, suits or other proceedings in question or another action, suit, or other proceeding on the same or similar grounds is then or has been pending. Nothing contained in this Article shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of such person.

  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

  • Indemnification Hereunder Not Exclusive The indemnification provided by this Agreement shall not be deemed to be exclusive of any other rights to which the Indemnitee may be entitled under the Company’s Articles, any agreement, vote of shareholders or vote of Disinterested Directors, provisions of applicable law, or otherwise, both as to action or omission in the Indemnitee’s official capacity and as to action or omission in another capacity on behalf of the Company while holding such office.

  • Remedies Not Exclusive The remedies for breach set forth in this Contract are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this Contract does not preclude resort by either Party to any other remedies provided by law.

  • Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.

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