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 commercially reasonable judgment exercised in good faith.
Reasonable Discretion means Enable’s discretion exercised in a reasonable and non-discriminatory manner.
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.
Administrative Agent will have received, in form and substance satisfactory to it, such other assurances, documents or consents related to the foregoing as Administrative Agent or Required Lenders may require in their Reasonable Discretion.
The inlet geometry is necessary in order to obtain the appropriate high velocity (Khan, 1995).
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.
More Definitions of Reasonable Discretion
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 discretion executed in a reasonable, diligent and good-faith manner by a Manager in accordance with the best interests of the Company, such Manager’s fiduciary duties to the Member and the terms and conditions of this Agreement.
Reasonable Discretion means a determination made in good faith and in the exercise of reasonable business judgment.
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.
Reasonable Discretion means, in relation to any matters requiring approval of the Refinancing Approving Lenders under the definition of Acceptable Unsecured Notes Refinancing, the Refinancing Approving Lenders’ reasonable discretion from the perspective of a Lender under this Agreement exercised in good faith on the basis of the terms of the Refinancing Proposal submitted to the Refinancing Approving Lenders in accordance with Section 2.10 hereof; it being understood that the Refinancing Approving Lenders shall not withhold approval based on any term in such Refinancing Proposal addressed in clauses (a), (b), (c), (d) (without prejudice to the discretion of the Refinancing Approving Lenders with respect to the calculation of Annual Interest Expense pursuant to the definition thereof), (e), (f), (g)(i), and (i) set forth on Schedule 1.6(a) if and to the extent that such term satisfies the requirements set forth in clauses (a), (b), (c), (d) (without prejudice to the discretion of the Refinancing Approving Lenders with respect to the calculation of Annual Interest Expense pursuant to the definition thereof), (e), (f), (g)(i), and (i) set forth on Schedule 1.6(a), as applicable.
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 the discretion of the Agent applied in a reasonable commercial manner.