Absolute Discretion save as expressly otherwise provided in this Deed, the Note Trustee shall have absolute and uncontrolled discretion as to the exercise or non-exercise of its trusts, powers, authorities and discretions under these presents (the exercise or non-exercise of which as between the Note Trustee and the Noteholders shall be conclusive and binding on the Noteholders) and provided it shall not have acted fraudulently or negligently or in breach of the terms of this Deed, shall not be responsible for any liability which may result from their exercise or non-exercise;
Absolute Discretion save as expressly otherwise provided in this Deed, the Loan Note Conditions or the Series Related Documents, the Security Trustee shall have absolute and uncontrolled discretion as to the exercise of the trusts, powers, authorities and discretions vested in the Security Trustee by this Deed, the Loan Note Conditions and the Series Related Documents (the exercise of which as between the Security Trustee and the Loan Noteholders and other parties thereto shall be conclusive and binding on the Loan Noteholders and other parties thereto) and the Security Trustee shall not be responsible for any Liability that may result from the exercise or failure to exercise any such trust, power, authority and discretion but whenever the Security Trustee is under the provisions of this Deed, the Loan Note Conditions or the Series Related Documents bound to act at the request or direction of the Loan Noteholders, or any of them, or any other relevant party, the Security Trustee shall nevertheless not be so bound unless first indemnified and/or secured to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages, expenses and liabilities which it may incur by so doing;
Absolute Discretion. If this Agreement is terminated pursuant to any of its provisions, except as otherwise provided in this Agreement, the Company shall not be under any liability to the Underwriter, and the Underwriter shall be under no liability to the Company, except that if this Agreement is terminated by the Underwriter because of any failure, refusal or inability on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, the Company will reimburse the Underwriter for all reasonable out-of-pocket expenses (including the fees and disbursements of its counsel) reasonably incurred by it in connection with the proposed offering of the Units or in contemplation of performing its obligations hereunder.
Absolute Discretion. 22 30. Successors and Assigns....................................................... 22
Absolute Discretion. Any consent given, determination or decision made, or action taken by Bank under this Agreement shall be given, made or taken in Bank's sole and absolute discretion, unless expressly provided otherwise in this Agreement or otherwise required by law. The foregoing includes, without limitation, the demand nature of the Note.
Absolute Discretion. Tenant shall pay Base Rent by wire transfer. Landlord shall supply Tenant with such bank account information as Tenant shall require to enable payment by wire transfer."
Absolute Discretion. The Trustee, except as herein otherwise provided, shall, as regards all the trusts, powers, authorities and discretions vested in it have absolute and uncontrolled discretion as to the exercise thereof, whether in relation to the manner or as to the mode of and time for the exercise hereof, and, in the absence of fraud, it shall in no way be responsible for any loss, costs, damages or inconvenience that may result from the exercise or non-exercise thereof.
Absolute Discretion. Except where there is an express contrary provision in this Deed, every discretion given to the Trustees is absolute and uncontrolled and every power given to them is exercisable at their absolute and uncontrolled discretion.” Clause 16 The Trust Deed is amended by deleting the entirety of clause 16 and inserting the following clause in its place: