Sole Discretion of Lender. Wherever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, Lender’s decision to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole and absolute discretion of Lender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 9 contracts
Samples: Consent and Assumption Agreement, Consent to Collateral Addition and Amendment to Loan Documents (Ionis Pharmaceuticals Inc), Modification, Consent and Assumption Agreement With Release (Medalist Diversified REIT, Inc.)
Sole Discretion of Lender. Wherever pursuant to this Agreement, Mortgage Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, Lender’s the decision of Lender to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole and absolute discretion of Lender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 5 contracts
Samples: Assumption and Ratification of Mortgage and Security Agreement (Inland American Real Estate Trust, Inc.), Mortgage Modification and Amended and Restated Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc), Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)
Sole Discretion of Lender. Wherever pursuant to this Agreement, Lender ------------------------- exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, Lender’s 's decision to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole and absolute discretion of Lender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: Consent to Merger (Apple Hospitality Two Inc), Consent to Merger (Apple Hospitality Two Inc)
Sole Discretion of Lender. Wherever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, Lender’s 's decision to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole and absolute discretion of Lender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Acadia Realty Trust), Assumption Agreement (Ramco Gershenson Properties Trust)
Sole Discretion of Lender. Wherever pursuant to this Agreement, Mortgage Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, Lender’s the decision of Lender to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole and absolute discretion of Lender and shall be final and conclusive, absent manifest error, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.), Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.)
Sole Discretion of Lender. Wherever pursuant to this Agreement, Agreement Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, Lender’s the decision of Lender to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole and absolute sole, but reasonable, discretion of Lender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Loan Agreement (Lodgian Inc)
Sole Discretion of Lender. Wherever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, LenderXxxxxx’s decision to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole and absolute discretion of Lender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Consent and Assumption Agreement
Sole Discretion of Lender. Wherever Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, Lender’s 's decision to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole and absolute discretion of Lender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Consent and Assumption Agreement (Cedar Shopping Centers Inc)
