Permitted Discretion definition

Permitted Discretion means a determination made in good faith and in the exercise of reasonable (from the perspective of a secured asset-based lender) business judgment.

Permitted Discretion means a determination made by the Agent in the exercise of its reasonable credit judgment, exercised in good faith in accordance with customary business practices for comparable asset-based lending transactions in the retail industry.

Permitted Discretion means a determination made in good faith and in the exercise of reasonable (from the perspective of a secured lender) business judgment.

Examples of Permitted Discretion in a sentence

• Such other documents and agreements as may be required by Lender in its Permitted Discretion.

• Obligor hereby irrevocably appoint Lender as such Person’s attorney-in-fact, such power of attorney being coupled with an interest, with full authority in the place and stead of Person and in the name of such Person or otherwise, from time to time following the occurrence and during the continuation of an Event of Default in Lxxxxx’s Permitted Discretion, to take any action and to execute any instrument which Lxxxxx may deem necessary or appropriate to accomplish the purposes of this Agreement.

• Lender may at its Permitted Discretion from time to time during the continuation of an Event of Default notify any obligor under any accounts (i) of Lxxxxx’s security interest in such accounts or general intangibles and direct such obligor to make payment of all amounts due or to become due to Debtor or White Claw thereunder directly to Lender, and (ii) to verify the accounts with such obligor.

• If so requested by Lender, an appraisal covering the Property addressed to Lender, in form and content acceptable to Lender, in its Permitted Discretion, and conducted and prepared by an appraiser acceptable to Lender.

• The results of a UCC or other Lien search showing all financing statements and other documents or instruments on file against Obligor in such locations as Lender may request in its Permitted Discretion, dated no more than TEN (10) days prior to the Effective Date.

More Definitions of Permitted Discretion

Permitted Discretion means a determination made in good faith and in the exercise (from the perspective of a secured asset-based lender) of commercially reasonable business judgment.

Permitted Discretion means the reasonable (from the perspective of a secured asset-based lender) credit judgment exercised in good faith in accordance with customary business practices of the Administrative Agent for comparable asset-based lending transactions.

Permitted Discretion means, as used in this Agreement, with reference to the Administrative Agent, a determination made in good faith in the exercise of its reasonable business judgment based on how an asset-based lender with similar rights providing a credit facility of the type set forth herein would act in similar circumstances at the time with the information then available to it.

Permitted Discretion means, with respect to Agent, the exercise in good faith of its reasonable business judgment from the perspective of an asset based lender.

Permitted Discretion a determination made in the exercise, in good faith, of reasonable business judgment (from the perspective of a secured, asset-based lender).

Permitted Discretion means a determination or judgment made by Lender in good faith in the exercise of reasonable (from the perspective of a secured lender) business judgment.

Permitted Discretion means the Administrative Agent’s reasonable credit judgment exercised in good faith in accordance with customary business practices for similar asset based lending facilities, based upon its consideration of any factor (or with respect to Reserves as set forth in Section 2.22) that it reasonably believes (i) will or could reasonably be expected to adversely affect in any material respect the value of the Eligible Xxxxxxxx, Eligible Credit Card Receivables, Eligible In-Transit Inventory, Eligible Inventory, Eligible Letter of Credit Inventory, Eligible Receivables or Eligible Unbilled Receivables, the enforceability or priority of the Administrative Agent’s Liens thereon or the amount that the Administrative Agent, the Lenders or any LC Issuer would be likely to receive (after giving consideration to delays in payment and costs of enforcement) in the liquidation of such Eligible Xxxxxxxx, Eligible Credit Card Receivables, Eligible In-Transit Inventory, Eligible Inventory, Eligible Letter of Credit Inventory, Eligible Receivables or Eligible Unbilled Receivables or (ii) is evidence that any collateral report or financial information delivered to the Administrative Agent by any Person on behalf of the applicable Borrower is incomplete, inaccurate or misleading in any material respect. In exercising such judgment the Administrative Agent may consider, without duplication, such factors already included in or tested by the definition of Eligible Xxxxxxxx, Eligible Credit Card Receivables, Eligible In-Transit Inventory, Eligible Inventory, Eligible Letter of Credit Inventory, Eligible Receivables or Eligible Unbilled Receivables as well as any of the following: (i) changes after the Closing Date in any material respect in any concentration of risk with respect to Accounts; and (ii) any other factors arising after the Closing Date that change in any material respect the credit risk of lending to the Borrower on the security of the Eligible Xxxxxxxx, Eligible Credit Card Receivables, Eligible In-Transit Inventory, Eligible Inventory, Eligible Letter of Credit Inventory, Eligible Receivables or Eligible Unbilled Receivables.