Common use of Settlement or Compromise of Claims Clause in Contracts

Settlement or Compromise of Claims. Borrower will not, without the prior written consent of those Indemnitees who are named as parties to a claim or legal or administrative proceeding (“Claim”), settle or compromise the Claim if the settlement (i) results in the entry of any judgment that does not include as an unconditional term the delivery by the claimant or plaintiff to Funding Lender of a written release of those Indemnitees, satisfactory in form and substance to Funding Lender or (ii) may materially and adversely affect Funding Lender, as determined by Funding Lender in Funding Xxxxxx’s Discretion.

Settlement or Compromise of Claims. Borrower will not, without the prior written consent of those Indemnitees who are named as parties to a claim or legal or administrative proceeding (“Claim”), settle or compromise the Claim if the settlement (i) results in the entry of any judgment that does not include as an unconditional term the delivery by the claimant or plaintiff to Funding Lender of a written release of those Indemnitees, satisfactory in form and substance to Funding Lender or (ii) may materially and adversely affect Funding Lender, as determined by Funding Lender in Funding XxxxxxLender’s Discretion.