Common use of Agent's and Lenders' Discretion Clause in Contracts

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion, reasonable discretion, or the like by any Agent or any Lender shall be to such Person’s reasonable exercise of its judgment, in good faith (which shall be rebuttably presumed), based upon such Person’s consideration of any such factors as that Agent or that Lender, taking into account information of which that Person then has actual knowledge, reasonably believes:

Appears in 4 contracts

Samples: Loan and Security Agreement (Casual Male Retail Group Inc), Loan and Security Agreement (Casual Male Retail Group Inc), Loan and Security Agreement (Casual Male Retail Group Inc)

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Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion, reasonable discretion, discretion or the like by any the Agent or any Lender shall be to such that Person’s reasonable 's exercise of its judgmentcommercially reasonable judgement, in good faith (which shall be rebuttably presumed), based upon such that Person’s 's consideration of any such factors factor as that the Agent or that Lender, taking into account information of which that Person then has actual knowledge, reasonably believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Factory Card Outlet Corp)

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion, reasonable discretion, discretion or the like by any the Agent or any Lender shall be to such that Person’s reasonable 's exercise of its judgment, in good faith (which shall be rebuttably presumed), based upon such that Person’s 's consideration of any such factors factor as that the Agent or that Lender, taking into account information of which that Person then has actual knowledge, reasonably believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Roberds Inc)

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion, reasonable discretion, discretion or the like by any the Agent or any Lender shall be to such that Person’s 's reasonable exercise of its judgment, in good faith (which shall be rebuttably presumed)faith, based upon such that Person’s 's consideration of any such factors factor as that the Agent or that Lender, taking into account information of which that Person then has actual knowledge, reasonably believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Sports Authority Inc /De/)

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion, reasonable discretion, discretion or the like by any Agent or any Lender shall be to such Person’s 's reasonable exercise of its judgment, in good faith (which shall be rebuttably presumed), based upon such Person’s 's consideration of any such factors as that Agent or that Lender, taking into account information of which that Person then has actual knowledge, reasonably believes:

Appears in 1 contract

Samples: Jacobson Stores Inc

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion, reasonable discretion, discretion or the like by any Agent or any Lender shall be to such Person’s reasonable 's exercise of its judgment, in good faith (which shall be rebuttably presumed), based upon such Person’s 's consideration of any such factors as that Agent or that Lender, taking into account information of which that Person then has actual knowledge, reasonably believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Gymboree Corp)

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Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion, reasonable discretion, discretion or the like by any the Agent or any Lender shall be to such that Person’s 's reasonable exercise of its judgment, in good faith (which shall be rebuttably presumed), based upon such that Person’s 's consideration of any such factors factor as that Agent or that LenderPerson, taking into account information of which that Person then has actual knowledge, reasonably believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Lechters Inc)

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion, reasonable discretion, discretion or the like by any the Agent or any Lender shall be to such that Person’s 's reasonable exercise of its judgmentjudgement, in good faith (which shall be rebuttably presumed)faith, based upon such that Person’s 's consideration of any such factors factor as that the Agent or that Lender, taking into account information of which that Person then has actual knowledge, reasonably believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Sunglass Hut International Inc)

Agent's and Lenders' Discretion. (a) Each reference in the Loan Documents to the exercise of discretion, reasonable discretion, or the like by any Agent or any Lender shall be to such Person’s 's reasonable exercise of its judgment, in good faith (which shall be rebuttably presumed), based upon such Person’s 's consideration of any such factors as that Agent or that Lender, taking into account information of which that Person then has actual knowledge, reasonably believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Designs Inc)

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