Common use of Sole Discretion of Lender Clause in Contracts

Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lxxxxx, 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 Lxxxxx, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.

Appears in 5 contracts

Samples: Loan Agreement (Istar Inc.), Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust)

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Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LxxxxxXxxxxx, 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 LxxxxxXxxxxx, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.

Appears in 5 contracts

Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Lodging Fund REIT III, Inc.), Mezzanine Loan Agreement (Industrial Logistics Properties Trust)

Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LxxxxxLender, the decision of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by LxxxxxLender, shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.

Appears in 4 contracts

Samples: Lease (Metaldyne Performance Group Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Debt Service Reserve Agreement (El Conquistador Partnership Lp)

Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LxxxxxLender, 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 LxxxxxLender, shall be in the sole discretion of Lender, except except, in each case, as may be otherwise expressly and specifically provided herein.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Sole Discretion of Lender. Wherever pursuant to this Agreement Assignment (ai) Lender exercises any right given to it to approve or disapprove, ; (bii) any arrangement or term is to be satisfactory to Lender, ; or (ciii) any other decision or determination is to be made by LxxxxxLender, the decision of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by LxxxxxLender, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.

Appears in 3 contracts

Samples: Assignment of Rents and Revenues (Owens Realty Mortgage, Inc.), Assignment of Rents and Revenues (Owens Realty Mortgage, Inc.), Assignment of Rents (Inland Real Estate Income Trust, Inc.)

Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LxxxxxLender, the decision of Lender to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by LxxxxxLender, shall be in the sole reasonable discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.

Appears in 2 contracts

Samples: Replacement Reserve Agreement (Illumina Inc), Tenant Improvement and Leasing Commission Reserve Agreement (Illumina Inc)

Sole Discretion of Lender. Wherever pursuant to this Agreement Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LxxxxxXxxxxx, 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 LxxxxxLender, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.

Appears in 1 contract

Samples: Loan Agreement (SITE Centers Corp.)

Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LxxxxxLender, the decision of Lender to approve or disapprove all decisions disapprove, the determination that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by LxxxxxLender, shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.

Appears in 1 contract

Samples: Loan Agreement (Candlewood Hotel Co Inc)

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Sole Discretion of Lender. Wherever Whenever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LxxxxxLender, the decision of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by LxxxxxLender, shall be in the sole reasonable discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.

Appears in 1 contract

Samples: Lease Agreement (Deciphera Pharmaceuticals, Inc.)

Sole Discretion of Lender. Wherever pursuant to this Agreement (ai) Lender exercises any right given to it to approve or disapprove, (bii) any arrangement or term is to be satisfactory to Lender, or (ciii) any other decision or determination is to be made by LxxxxxLender, the decision of Lender to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by LxxxxxLender, shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.

Appears in 1 contract

Samples: Replacement Reserve Agreement (El Conquistador Partnership Lp)

Sole Discretion of Lender. Wherever pursuant to this Agreement Assignment (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LxxxxxLender, the decision of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by LxxxxxLender, shall be in the sole reasonable discretion of Lender, except except, as may be otherwise expressly and specifically provided herein.

Appears in 1 contract

Samples: Loan Agreement (Coolbrands International Inc)

Sole Discretion of Lender. Wherever pursuant to Section 2 of this Agreement (a) Agreement, Lender exercises any right given to it to approve or disapprove, (b) or any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lxxxxx, the Lender’s decision to approve or disapprove all decisions or to decide that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lxxxxx, satisfactory shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.

Appears in 1 contract

Samples: Consent, Assumption, and Modification Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LxxxxxXxxxxx, 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 LxxxxxXxxxxx, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.shall

Appears in 1 contract

Samples: Loan Agreement (Silver Star Properties Reit, Inc)

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