Common use of Knowledge; Discretion Clause in Contracts

Knowledge; Discretion. All references herein to Borrower’s knowledge or best knowledge shall be deemed to refer to the best knowledge of Borrower and each Subsidiary after due inquiry. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by Lender, to the making of a determination or designation by Lender, to the application of Lender’s discretion or opinion, to the granting or withholding of Lender’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to Lender, or otherwise involving the decision making of Lender, shall be deemed to mean that Lender shall decide unilaterally using its sole and absolute discretion or judgment.

Knowledge; Discretion. All references herein to Borrower’s knowledge or best knowledge Knowledge shall be deemed to refer to the best knowledge Knowledge of the directors and the Chief Executive Officer and the Chief Financial Officer of Borrower and each Subsidiary after due inquiryBank. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by Lender, to the making of a determination or designation by Lender, to the application of Lender’s discretion or opinion, to the granting or withholding of Lender’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to Lender, or otherwise involving the decision making of Lender, shall be deemed to mean that Lender shall decide unilaterally using its sole and absolute the reasonable discretion or judgmentjudgment of a prudent lender.