Common use of Sole Discretion of Mortgagee Clause in Contracts

Sole Discretion of Mortgagee. Whenever Mortgagee’s judgment, consent, action or approval is required hereunder for any matter, or Mortgagee shall have an option or election hereunder, such judgment, the decision whether or not to consent to or approve the same or the exercise of such option or election shall be in the sole discretion of Mortgagee acting solely at the written direction of the Lenders, except as otherwise expressly provided herein. It is understood that all rights granted herein shall not be interpreted or construed to create any additional obligation on the Mortgagee.

Appears in 3 contracts

Samples: Intercreditor Agreement (CF Industries Holdings, Inc.), Security Agreement (Fuller H B Co), Revolving Credit Agreement (CF Industries Holdings, Inc.)

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Sole Discretion of Mortgagee. Whenever Mortgagee’s judgment, consent, action consent or approval is required hereunder for any matter, or Mortgagee shall have an option or election hereunder, such judgment, the decision whether or not to consent to or approve the same or the exercise of such option or election shall be in the sole discretion of Mortgagee acting solely at the written direction of the LendersMortgagee, except as otherwise expressly provided herein. It is understood that all rights granted herein shall not be interpreted or construed to create any additional obligation on the Mortgagee.

Appears in 1 contract

Samples: Credit Agreement (Internap Corp)

Sole Discretion of Mortgagee. Whenever (a) Except as otherwise provided herein, whenever Mortgagee’s judgment, consent, action consent or approval is required hereunder for any matter, or Mortgagee it shall have an option or election hereunder, such judgment, the decision whether or not to consent to or approve the same or the exercise of such option or election shall be in the sole discretion of Mortgagee Mortgagee, acting solely on the written instructions of the Holders of the requisite percentage of the aggregate principal amount of the Notes at the written direction of the Lenders, except time outstanding voting as otherwise expressly provided herein. It is understood that all rights granted herein shall not be interpreted or construed to create any additional obligation on the Mortgageea single class.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Aventine Renewable Energy Holdings Inc)

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Sole Discretion of Mortgagee. Whenever Except as expressly provided herein, whenever Mortgagee’s 's judgment, consent, action consent or approval is required hereunder for any matter, or Mortgagee shall have an option or election hereunder, such judgment, the decision whether or not to consent to or approve the same or the exercise of such option or election shall be in the sole discretion of Mortgagee acting solely at the written direction of the Lenders, except as otherwise expressly provided herein. It is understood that all rights granted herein shall not be interpreted or construed to create any additional obligation on the Mortgagee.

Appears in 1 contract

Samples: North Atlantic Energy Corp /Nh

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