Common use of Approvals; Third Parties; Conditions Clause in Contracts

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights retained or exercised by Agent on behalf of the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Agent’s and/or any Lender’s credit underwriting, and shall not be deemed or construed as a determination that Agent and/or such Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers or any other Person. This Agreement is for the sole and exclusive use of Agent, the Lenders, Borrowers and each Guarantor and may not be enforced, nor relied upon, by any Person other than Agent, the Lenders, Borrowers and each Guarantor. All conditions of the obligations of Agent and/or the Lenders hereunder, are imposed solely and exclusively for the benefit of Agent and the Lenders, their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Agent and/or the Lenders at any time in Agent’s and/or the Lenders’ sole discretion, as the case may be.

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights ------------------------------------ retained or exercised by the Administrative Agent on behalf of and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Agent’s and/or any Lender’s the Lenders' credit underwriting, and shall not be deemed or construed as a determination that Agent and/or such Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers Borrower or any other Person. This Agreement is for the sole and exclusive use of the Administrative Agent, the Lenders, Borrowers the Issuing Bank and each Guarantor Borrower and may not be enforced, nor relied upon, by any Person other than the Administrative Agent, the Lenders, Borrowers the Issuing Bank and each GuarantorBorrower. All conditions of the obligations of Agent and/or the Administrative Agent, the Lenders and the Issuing Bank hereunder, including the obligation to make advances and issue Letters of Credit, are imposed solely and exclusively for the benefit of Agent and the Administrative Agent, the Lenders, the Issuing Bank and their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender the Lenders will refuse to make advances or that the Issuing Bank will refuse to issue Letters of Credit in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Agent and/or the Administrative Agent, the Lenders and the Issuing Bank at any time in Agent’s and/or the Lenders’ their sole discretion, as the case may be.

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights retained or exercised by Administrative Agent on behalf of or the Lenders with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Administrative Agent’s and/or any Lender’s and the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Administrative Agent and/or such Lender has or the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers or any other Person. This Agreement is for the sole and exclusive use of AgentAdministrative Agent (and its successors and permitted assigns), the LendersLenders (and their successors and permitted assigns and participants), and Borrowers (and each Guarantor their permitted successors and assigns) and may not be enforced, nor relied upon, by any Person other than AgentAdministrative Agent (and its successors and permitted assigns), the LendersLenders (and their successors and permitted assigns and participants), Borrowers and each GuarantorBorrowers. All conditions of the obligations of Administrative Agent and/or and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Administrative Agent and the Lenders, their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Agent and/or the Lenders any Lender at any time in Agentsuch Lender’s and/or the Lenders’ sole reasonable discretion, as the case may be.

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights retained or exercised by the Collateral Agent on behalf of and the Lenders with respect to review or approve leases, contracts, plans, studies and other matters matters, including Borrower's and any other Person's compliance with the provisions of Paragraph 27 of the Notes and compliance with laws applicable to Borrower, the Project or any other Person, are solely to facilitate Agent’s and/or any Lender’s the Lenders' credit underwriting, and shall not be deemed or construed as a determination that the Collateral Agent and/or such Lender has or the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers Borrower or any other Person. This Agreement is for the sole and exclusive use of the Collateral Agent, the LendersLenders and Borrower, Borrowers and each Guarantor and may not be enforced, nor relied upon, by any Person other than the Collateral Agent, the Lenders, Borrowers Lenders and each GuarantorBorrower. All conditions of the obligations of the Collateral Agent and/or and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of the Collateral Agent and the Lenders, their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by the Collateral Agent and/or and the Lenders at any time in Agent’s and/or the Lenders’ their sole discretion, as the case may be.

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole and absolute discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights retained or exercised by Agent on behalf of the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Agent’s and/or any Lender’s credit underwriting, and shall not be deemed or construed as a determination that Agent and/or such Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers Borrower or any other Person. This Agreement is for the sole and exclusive use of Agent, the Lenders, Borrowers Lenders and each Guarantor Borrower and may not be enforced, nor relied upon, by any Person other than Agent, the Lenders, Borrowers Lenders and each GuarantorBorrower. All conditions of the obligations of Agent on behalf of the Lenders and/or the Lenders hereunder, are imposed solely and exclusively for the benefit of Agent and the Lenders, their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Agent and/or the Lenders at any time in Agent’s and/or the Lenders’ sole and absolute discretion, as the case may be.

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights retained or exercised by Administrative Agent on behalf of and the Lenders with respect to leases, contracts, plans, studies and other matters matters, including Borrower’s and any other Person’s compliance with the provisions of Article 14 and compliance with laws applicable to Borrower, the Properties or any other Person, are solely to facilitate Agent’s and/or any Lender’s the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Agent and/or such Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers Borrower or any other Person. This Agreement is for the sole and exclusive use of Administrative Agent, the Lenders, Borrowers Lenders and each Guarantor Borrower and may not be enforced, nor relied upon, by any Person other than Administrative Agent, the Lenders, Borrowers Lenders and each GuarantorBorrower. All conditions of the obligations of Administrative Agent and/or and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Administrative Agent and the Lenders, their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Administrative Agent and/or and the Lenders at any time in Agent’s and/or the Lenders’ their sole discretion, as the case may be.

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights retained or exercised by Agent on behalf of the Lenders with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Agent’s and/or any Lender’s credit underwriting, and shall not be deemed or construed as a determination that Agent and/or such Lender has or the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers or any other Person. This Agreement is for the sole and exclusive use of AgentAgent (and its successors and permitted assign), the Lenders, Lenders (and their successors and permitted assigns and participants) and Borrowers and each Guarantor and may not be enforced, nor relied upon, by any Person other than AgentAgent (and its successors and permitted assigns), the Lenders, Borrowers Lenders (and each Guarantortheir successors and permitted assigns and participants) and Borrowers. All conditions of the obligations of Agent and/or or Lender hereunder, including the Lenders hereunderobligation to make advances, are imposed solely and exclusively for the benefit of Agent and the LendersLender, and their respective successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Agent and/or the Lenders or Lender, as applicable, at any time in Agent’s and/or the Lenders’ or Lender’s sole discretion, as the case may be.

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights retained or exercised by Agent on behalf of the Lenders Lender with respect to leases, contracts, plans, studies and other matters are solely to facilitate Agent’s and/or any Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Agent and/or such Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers any Borrower or any other Person. This Agreement is for the sole and exclusive use of Agent, the Lenders, Lender and Borrowers and each Guarantor and may not be enforced, nor relied upon, by any Person other than Agent, the Lenders, Borrowers Lender and each GuarantorBorrowers. All conditions of the obligations of Agent and/or Lender hereunder, including the Lenders hereunderobligation to make Advances, are imposed solely and exclusively for the benefit of Agent and the LendersLender, their its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender will refuse to make advances Advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Agent and/or the Lenders Lender at any time in Agent’s and/or the Lenders’ Lender's sole discretion. Without limiting the generality of the foregoing the parties hereto do not intend the benefits of this Agreement to inure to any third party. Notwithstanding anything contained herein or any other Loan Document, or any conduct or course of conduct by any of the parties hereto, this Agreement shall not be construed as the case may becreating any rights, claims, or causes of action against Lender, or any of its officers, agents, or employees, in favor of any contractor, subcontractor, supplier of labor, materials or services, or any of their respective creditors, or any other person or entity other than Borrowers.

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights retained or exercised by Administrative Agent on behalf of or the Lenders with respect to leasesLeases, contracts, plans, studies LOAN AGREEMENT – Page 89[Summit Pxxxxxxxxx] and other matters are solely to facilitate Administrative Agent’s and/or any Lender’s and the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Administrative Agent and/or such Lender has or the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers Borrower or any other Person. This Agreement is for the sole and exclusive use of AgentAdministrative Agent (and its successors and permitted assigns), the LendersLenders (and their successors and permitted assigns and participants), Borrowers and each Guarantor Borrower and may not be enforced, nor relied upon, by any Person other than AgentAdministrative Agent (and its successors and permitted assigns), the LendersLenders (and their successors and permitted assigns and participants), Borrowers and each GuarantorBorrower. All conditions of the obligations of Administrative Agent and/or and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Administrative Agent and the Lenders, their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Agent and/or the Lenders any Lender at any time in Agentsuch Lender’s and/or the Lenders’ sole discretion, as the case may be.

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights retained or exercised by the Administrative Agent on behalf of and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Agent’s and/or any Lender’s the Lenders' credit underwriting, and shall not be deemed or construed as a determination that Agent and/or such Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers Borrower or any other Person. This Agreement is for the sole and exclusive use of the Administrative Agent, the Lenders, Borrowers the Issuing Bank and each Guarantor Borrower and may not be enforced, nor relied upon, by any Person other than the Administrative Agent, the Lenders, Borrowers the Issuing Bank and each GuarantorBorrower. All conditions of the obligations of Agent and/or the Administrative Agent, the Lenders and the Issuing Bank hereunder, including the obligation to make advances and issue Letters of Credit, are imposed solely and exclusively for the benefit of Agent and the Administrative Agent, the Lenders, the Issuing Bank and their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender the Lenders will refuse to make advances or that the Issuing Bank will refuse to issue Letters of Credit in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Agent and/or the Administrative Agent, the Lenders and the Issuing Bank at any time in Agent’s and/or the Lenders’ their sole discretion, as the case may be.

Approvals; Third Parties; Conditions. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Agent and/or the Lenders; and (b) deemed to have been given only by a specific writing intended for such purpose executed by Agent. All approval rights retained or exercised by Agent on behalf of the Lenders Lender with respect to leases, contracts, plans, studies and other matters are solely to facilitate Agent’s and/or any Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Agent and/or such Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrowers Borrower or any other Person. This Agreement is for the sole and exclusive use of Agent, the Lenders, Borrowers Lender and each Guarantor Borrower and may not be enforced, nor relied upon, by any Person other than Agent, the Lenders, Borrowers Lender and each GuarantorBorrower. All conditions of the obligations of Agent and/or Lender hereunder, including the Lenders hereunderobligation to make advances, are imposed solely and exclusively for the benefit of Agent and the LendersLender, their its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Agent or any Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Agent and/or the Lenders Lender at any time in Agent’s and/or the Lenders’ Lender's sole discretion. Notwithstanding the foregoing, as if the case may be.holders of Note A and Note B are different Persons and shall not be in agreement on the exercise of approval rights, or on enforcement of this Agreement (exclusive of enforcement of any mortgage or assignment of rents and leases which is solely in favor of either of such holders), or on satisfaction of conditions to advances, the determination of the Senior Noteholder shall control. Section 11.7