Reasonable Discretion means, as to any Person, a determination or judgment made by such Person in good faith in the exercise of reasonable (from the perspective of a secured lender) business judgment.
Reasonable Discretion means Enable’s discretion exercised in a reasonable and non-discriminatory manner.
Reasonable Discretion means commercially reasonable judgment exercised in good faith.
Examples of Reasonable Discretion in a sentence
For each identified Permit, Seller shall provide Buyer written notice, and any supporting documentation requested by Buyer in its Commercially Reasonable Discretion, that the identified Permits have been obtained, including, without limitation, any approvals from the local Governmental Authority approving the land use, site plan and construction of the Facility.
For each identified activity, Seller shall provide Buyer written notice, and any supporting documentation requested by Buyer in its Commercially Reasonable Discretion, that the identified activity has been commenced and/or successfully completed.
If the Offering Parties determine that the results of their Due Diligence Review are not Satisfactory to the Offering Parties in the Offering Parties’ Reasonable Discretion, then they shall provide prompt written notice of such fact to the Stockholders.
Unless waived by Transporter, in its Reasonable Discretion, a request for service shall be invalid if Shipper fails to return an executed Contract within thirty (30) Days after such Contract has been tendered by Transporter to Shipper for execution.
Transporter may waive any requirement below if it deems the information unnecessary in a specific case and may request additional information in a specific case if the data provided are, in Transporter’s Reasonable Discretion, inadequate.
More Definitions of Reasonable Discretion
Reasonable Discretion means a determination made in good faith and in the exercise of reasonable business judgment.
Reasonable Discretion means Administrative Agent’s reasonable and good faith judgment based upon any factor which Administrative Agent believes in good faith could (a) adversely affect the value of any Collateral, the enforceability or priority of Administrative Agent’s Liens or the amount that Lenders would be likely to receive upon a liquidation of the Collateral; (b) suggest that any report of Collateral or financial information is incomplete, inaccurate or misleading in any material respect; (c) reasonably be expected to create a Default or Event of Default or increase the likelihood of an insolvency or bankruptcy proceeding or (d) adversely affect the ability of any Borrower or any Guarantor to repay the Obligations when due. In exercising such judgment with respect to matters relating to the determination of Eligible Receivables, changes in advance rates or the imposition, increase or reduction of reserves, Administrative Agent may reasonably take into account factors included in the definition of Eligible Receivables, as well as changes in concentration of risk of Receivables, changes in collection history and dilution, and other changes that may tend to increase the credit risk of lending to Borrowers on the security of Inventory or Receivables. The burden of establishing lack of good faith or reasonableness shall be on Borrowers.
Reasonable Discretion means the discretion of the Developers or the Agency exercised in good faith utilizing those standards which would be applied by the Developers or the Agency using prudent business practices under a same or similar circumstance.
Reasonable Discretion means Agent’s reasonable and good faith judgment based upon any factor which Agent believes in good faith would (a) materially adversely affect the value of any Collateral, the enforceability or priority of Agent’s and Lenders’ Liens or the amount that Lenders would reasonably expect to receive upon a liquidation of the Collateral; (b) provide Lenders with a reasonable basis for believing that any report of Collateral or financial information is incomplete, inaccurate or misleading in any material respect; (c) reasonably be expected to create a Default or Event of Default; or (d) adversely affects the ability of any Borrower or Guarantor to repay the Obligations when due. In exercising such judgment with respect to matters relating to the determination of Eligible Receivables, changes in advance rates or the imposition, increase or reduction of reserves, Agent may take into account factors included in the definition of Eligible Receivables, as well as changes in concentration of risk of Receivables, changes in collection history and dilution, and other changes that would increase the credit risk of lending to Borrowers on the security of Receivables. The burden of establishing lack of good faith or reasonableness shall be on Borrowers.
Reasonable Discretion means that, had the party known of a particular fact or condition prior to signing this Agreement it would either not have entered into an agreement with the other party or it would have changed the material terms of this Agreement.
Reasonable Discretion means the Agent's reasonable discretion in the exercise of its reasonable business judgement using standards customarily applied by the Agent to transactions involving retail clients and taking into account the nature of the Company's business, consistently applied by Agent. When used with respect to determination of reserves, in addition to the foregoing, such standard shall take into consideration amounts representing, historically, the Company's reserves, discounts, returns, claims, credits and allowances. REPORTING DATE shall mean any date on which the Company is to deliver to the Agent any Collateral report pursuant to Section 3.2 of this Financing Agreement, any financial statement or any other information requested of the Company pursuant to the terms of this Financing Agreement. REQUIRED LENDERS shall mean Lenders holding more than fifty percent (50%) of the outstanding loans, advances, extensions of credit and letter of credit participation interests of the Company hereunder. RETAINED CASH shall mean an amount of cash sufficient to provide the Company with cash in an amount necessary to stock the Company's cash registers at its retail locations and consistent with the business practices of the Company. REVOLVING LOANS shall mean the loans and advances made, from time to time, to or for the account of the Company by the Lenders acting through the Agent pursuant to Section 3 of this Financing Agreement.
Reasonable Discretion means the Agent's reasonable discretion in the exercise of its reasonable business judgment using standards customarily applied by the Agent to transactions involving retail clients and taking into account the nature of the Company's business, consistently applied by Agent. When used with respect to determination of reserves, in addition to the foregoing, such standard shall take into consideration amounts representing, historically, each Company's reserves, discounts, returns, claims, credits and allowances. REPORTING DATE shall mean any date on which the Companies are to deliver to the Agent any Collateral report pursuant to Section 3.2 of this Financing Agreement, any financial statement or any other information requested of either Company pursuant to the terms of this Financing Agreement. REQUIRED LENDERS shall mean Lenders holding more than fifty percent (50%) of the outstanding loans, advances, extensions of credit and letter of credit participation interests of the Companies hereunder. RETAINED CASH shall mean an amount of cash sufficient to provide each Company with cash in an amount necessary to stock such Company's cash registers at its retail locations and consistent with the business practices of such Company. REVOLVING LENDERS shall mean each of the Revolving Lenders as set forth on the signature pages attached hereto or any other party which now is or hereafter becomes a Revolving Lender hereunder pursuant to Section 11.10 hereof.