Sole Discretion of Mortgagee. Wherever pursuant to this Mortgage, Mortgagee exercises any right given to it to consent or not consent or approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to consent or not consent, to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee (subject to obtaining the consent of the Secured Parties if required by the terms of the Collateral Agent Agreement or any of the Transaction Documents) and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 5 contracts
Samples: Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD), Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD), Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD)
Sole Discretion of Mortgagee. Wherever Except as otherwise specifically provided in this Mortgage, wherever pursuant to this Mortgage, Mortgagee exercises any right given to it to consent or not consent or to withhold its consent, to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to consent or not to withhold its consent, to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Mortgagee (subject to obtaining the consent of the Secured Parties if required by the terms of the Collateral Agent Agreement or any of the Transaction Documents) and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (NRG Generating U S Inc), Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (NRG Generating U S Inc)
Sole Discretion of Mortgagee. Wherever Except as may otherwise be expressly provided to the contrary, wherever pursuant to the Notes, this Mortgage, the Credit Agreement or any other Loan Document, Mortgagee exercises any right given to it to consent or not consent consent, or to approve or disapprove, or any arrangement or term is to be satisfactory to Mortgagee, the decision of Mortgagee to consent or not consent, or to approve or disapprove disapprove, or to decide that arrangements or terms are satisfactory or not satisfactory satisfactory, shall be in the sole and absolute discretion of Mortgagee (subject to obtaining the consent of the Secured Parties if required by the terms of the Collateral Agent Agreement or any of the Transaction Documents) and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Mortgage Modification, Restatement and Security Agreement (Metropolis Realty Trust Inc)
