Common use of Discretionary Rights Clause in Contracts

Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion based on Agent’s review of updated field examinations or other Collateral evaluations, it being understood that the amount of any reduction in Advance Rates shall have a reasonable relationship to the event, condition or other matter which is the basis for such reduction. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).

Appears in 4 contracts

Samples: Revolving Credit and Security Agreement (Amrep Corp.), Revolving Credit and Security Agreement (Amrep Corp.), Revolving Credit and Security Agreement (Amrep Corp.)

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Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion based on Agent’s review of updated field examinations or other Collateral evaluations, it being understood that the amount of any reduction in Advance Rates shall have a reasonable relationship to the event, condition or other matter which is the basis for such reductionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Prior to the occurrence of an Event of Default or Default, Agent shall give Borrowing Agent three (3) days’ prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).

Appears in 3 contracts

Samples: Security Agreement (Ampco Pittsburgh Corp), Credit and Security Agreement, Revolving Credit and Security Agreement (Ampco Pittsburgh Corp)

Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion based on Agent’s review of updated field examinations or other Collateral evaluations, it being understood that the amount of any reduction in Advance Rates shall have a reasonable relationship to the event, condition or other matter which is the basis for such reductionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves Reserves may limit or restrict Advances requested by Borrowing Agent. Prior to the occurrence of an Event of Default, Agent shall give Borrowing Agent five (5) days prior written notice of its intention to decrease any of the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)) hereof.

Appears in 2 contracts

Samples: Credit and Security Agreement (Perma-Pipe International Holdings, Inc.), Security Agreement (Perma-Pipe International Holdings, Inc.)

Discretionary Rights. The Advance Rates Rate may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion based on Agent’s review of updated field examinations or other Collateral evaluations, it being understood that the amount of any reduction in Advance Rates shall have a reasonable relationship to the event, condition or other matter which is the basis for such reductionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates Rate or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Agent agrees to promptly notify Borrower of any such increase or decrease in the advance rates or imposition of new reserves; provided, that any failure to give such notice shall not affect Agent’s right to implement the same. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).

Appears in 1 contract

Samples: Credit and Security Agreement (Horizon Offshore Inc)

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Discretionary Rights. The Receivables Advance Rates Rate may be increased or decreased by Agent at any time and from time to time (upon five (5) Business Days’ prior notice) in the exercise of its reasonable discretion based on Agent’s review credit judgment, following a field examination, as a result of updated field examinations or other Collateral evaluations, it being understood which Agent reasonably determines that a change in the amount of any reduction in Receivables Advance Rates shall have a reasonable relationship to the event, condition or other matter which Rate is the basis for such reductionappropriate. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Receivables Advance Rates Rate or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).

Appears in 1 contract

Samples: Security Agreement (Osteotech Inc)

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