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

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Agent with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender's credit underwriting, and shall not be deemed or construed as a determination that Agent or Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Agent, Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Agent, Lender and Borrower. All conditions of the obligations of Agent or Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Agent and Lender, 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 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 or Lender, as applicable, at any time in Agent's or Lender's sole discretion.

Appears in 3 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Provident Senior Living Trust)

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Approvals; Third Parties; Conditions. All approval rights retained or exercised by Agent with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender's ’s credit underwriting, and shall not be deemed or construed as a determination that Agent or Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower Borrowers or any other Person. This Agreement is for the sole and exclusive use of Agent, Lender and Borrower Borrowers and may not be enforced, nor relied upon, by any Person other than Agent, Lender and BorrowerBorrowers. All conditions of the obligations of Agent or Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Agent and Lender, 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 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 or Lender, as applicable, at any time in Agent's ’s or Lender's ’s sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Cornerstone Healthcare Plus Reit, Inc.), Loan Agreement (Ensign Group, Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Agent or any Lender with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender's credit underwriting, and shall not be deemed or construed as a determination that Agent or Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower Borrowers or any other Person. This Agreement is for the sole and exclusive use of Agent, Lender and Borrower Borrowers and may not be enforced, nor relied upon, by any Person other than Agent, Lender and BorrowerBorrowers. All conditions of the obligations of Agent or Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Agent and Lender, 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 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 or Lender, as applicable, at any time in Agent's or Lender's sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Senior Living Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender's the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Agent or Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Administrative Agent, Lender the Lenders and Borrower and may not be enforced, nor relied upon, by any Person other than Administrative Agent, Lender the Lenders and BorrowerXxxxxxxx. All conditions of the obligations of Administrative Agent or Lender and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Administrative Agent and Lenderthe Lenders, 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 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 or Lender, as applicable, and the Lenders at any time in Agent's or Lender's their sole and absolute discretion.. Section 12.7

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender's the Lenders' credit underwriting, and shall not be deemed or construed as a determination that Agent or Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Administrative Agent, Lender the Lenders and Borrower and may not be enforced, nor relied upon, by any Person other than Administrative Agent, Lender the Lenders and Borrower. All conditions of the obligations of Administrative Agent or Lender and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Administrative Agent and Lenderthe Lenders, 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 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 or Lender, as applicable, and the Lenders at any time in Agent's or Lender's their sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

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Approvals; Third Parties; Conditions. All approval rights retained or exercised by Agent with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender's credit underwriting, and shall not be deemed or construed as a determination that Agent or Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower Borrowers or any other Person. This Agreement is for the sole and exclusive use of Agent, Lender and Borrower Borrowers and may not be enforced, nor relied upon, by any Person other than Agent, Lender and BorrowerBorrowers. All conditions of the obligations of Agent or Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Agent and Lender, 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 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 or Lender, as applicable, at any time in Agent's or Lender's sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Ensign Group, Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender's the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Agent or Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Administrative Agent, Lender the Lenders and Borrower and may not be enforced, nor relied upon, by any Person other than Administrative Agent, Lender the Lenders and Borrower. All conditions of the obligations of Administrative Agent or Lender and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Administrative Agent and Lenderthe Lenders, 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 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 or Lender, as applicable, and the Lenders at any time in Agent's or Lender's their sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

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