Sole Discretion of Mortgagee. Wherever pursuant to this Mortgage, Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 10 contracts
Samples: elstico.com, Mortgage, Security Agreement (TNP Strategic Retail Trust, Inc.), Trademark Security Agreement (Aqua Care Systems Inc /De/)
Sole Discretion of Mortgagee. Wherever pursuant to this Mortgage, Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 8 contracts
Samples: Rents and Security Agreement (FSP 303 East Wacker Drive Corp.), Leases and Rents and Security Agreement and Fixture Filing (Inland Diversified Real Estate Trust, Inc.), Leases and Rents and Security Agreement (Dm Management Co /De/)
Sole Discretion of Mortgagee. Wherever Wherever, pursuant to this Mortgage, Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 4 contracts
Samples: Security Agreement and Fixture Filing (GTJ REIT, Inc.), Security Agreement and Fixture Filing (GTJ REIT, Inc.), And Security Agreement (GTJ REIT, Inc.)
Sole Discretion of Mortgagee. Wherever pursuant to this Mortgage, ---------------------------- Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 3 contracts
Samples: Indemnity Agreement (Afc Enterprises Inc), Afc Enterprises Inc, Afc Enterprises Inc
Sole Discretion of Mortgagee. Wherever Whenever pursuant to this MortgageSecurity Instrument, Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole (but reasonable) discretion of Mortgagee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Phillips Edison Grocery Center REIT III, Inc.), Credit Agreement (DLC Realty Trust, Inc.)
Sole Discretion of Mortgagee. Wherever pursuant to this Mortgage, Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee and shall be final and conclusiveMortgagee, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: First Mortgage and Security Agreement (Century Properties Fund Xii), First Mortgage and Security Agreement (Century Properties Fund Xvi)
Sole Discretion of Mortgagee. Wherever pursuant to this Mortgage, Whenever Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: Promissory Note Clarification Agreement (Showboat Inc), Mills Corp
Sole Discretion of Mortgagee. Wherever Whenever pursuant to this MortgageSecurity Instrument, Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically provided herein or in the Credit Agreement) be in the sole discretion of Mortgagee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (FelCor Lodging LP)
Sole Discretion of Mortgagee. Wherever pursuant to this Mortgage, Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of 35 29 Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Sole Discretion of Mortgagee. Wherever pursuant to this Mortgage, Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Dynasil Corp of America
Sole Discretion of Mortgagee. Wherever pursuant to this Mortgage, Whenever Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee (except where otherwise herein expressly provided) and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Motels of America Inc
Sole Discretion of Mortgagee. Wherever Whenever pursuant to this Mortgage, Mortgagee exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Kranzco Realty Trust
Sole Discretion of Mortgagee. Wherever pursuant to this Mortgage, ---------------------------- Mortgagee exercises any right given to it to approve or disapprove, or any an arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee and shall be final and conclusive, except as may be otherwise conclusive unless expressly and specifically provided hereinotherwise.
Appears in 1 contract
Samples: Mortgage, Security Agreement (Technology Flavors & Fragrances Inc)
