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: Open End Mortgage Deed and Security Agreement, Mortgage, Security Agreement and Assignment of Leases and Rents (TNP Strategic Retail Trust, Inc.), Second Mortgage and Security Agreement (Janus American Group 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 8 contracts
Samples: Mortgage, Assignment of Leases and Rents and Security Agreement (FSP 303 East Wacker Drive Corp.), Mortgage, Assignment of Leases and Rents and Security Agreement (Dress Barn Inc), Mortgage (Inland Western Retail Real Estate Trust Inc)
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: Third Open End Mortgage Deed, Assignment of Leases and Rents, Security Agreement and Fixture Filing (GTJ REIT, Inc.), Mortgage, Assignment of Leases and Rents and Security Agreement (GTJ REIT, Inc.), Open End Mortgage Deed, Assignment of Leases and Rents, Security Agreement and Fixture Filing (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: Franchise Agreement (Afc Enterprises Inc), Leasehold Mortgage (Afc Enterprises Inc), Mortgage, Security Agreement and Assignment of Leases and Rents (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: Mortgage, Assignment of Leases and Rents, 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, 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: Mortgage and Security Agreement (Showboat Inc), Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Mills Corp)
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 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: Mortgage, Assignment of Leases and Rents, 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 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
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
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: Consolidated Leasehold Mortgage (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: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Motels of America Inc)
