Common use of Lender’s Discretion Clause in Contracts

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 322 contracts

Samples: Mezzanine E Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (Spirit Finance Corp), Management Agreement (Piedmont Office Realty Trust, Inc.)

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Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole and absolute discretion of Lender and shall be final and conclusive.

Appears in 30 contracts

Samples: Mezzanine Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (City Office REIT, Inc.), Loan Agreement (Red Oak Capital Fund IV, LLC)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein providedprovided or as is otherwise required by law) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 10 contracts

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusiveLender.

Appears in 6 contracts

Samples: Mezzanine Loan Agreement (Capital Lodging), Loan Agreement (Capital Lodging), Loan Agreement (Burnham Pacific Properties Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusiveconclusive absent manifest error.

Appears in 6 contracts

Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Agreement Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to LenderLender or any financial ratio is to be calculated or determined, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory or Lender’s calculation or determination shall (except as is otherwise specifically expressly herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 5 contracts

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (City Office REIT, Inc.), Loan Agreement (Piedmont Office Realty Trust, Inc.)

Lender’s Discretion. Whenever pursuant to this Agreement, Agreement Lender exercises any right given to it to approve or disapprovedisapprove any matter, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove such matter or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole and absolute discretion of Lender and shall be final and conclusive.

Appears in 5 contracts

Samples: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Mezzanine Loan Agreement (Sun Communities Inc), Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)

Lender’s Discretion. Whenever pursuant to this AgreementAgreement or any other Loan Document, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 4 contracts

Samples: Loan Agreement (Westfield America Inc), Loan Agreement (Westfield America Inc), Loan Agreement (Fac Realty Trust Inc)

Lender’s Discretion. Whenever Wherever pursuant to this Agreement, Lender exercises any right given to it to consent or not consent or approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to consent or not consent, to approve or disapprove or to decide whether that arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole reasonable discretion of Lender Lender, except as may be otherwise expressly and shall be final and conclusivespecifically provided herein.

Appears in 4 contracts

Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)

Lender’s Discretion. Whenever pursuant to this Agreement, Agreement Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 3 contracts

Samples: Loan Agreement (Electro Scientific Industries Inc), Loan Agreement (Service Merchandise Co Inc), Loan Agreement (Service Merchandise Co Inc)

Lender’s Discretion. Whenever pursuant to this ------------------- Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusiveLender.

Appears in 3 contracts

Samples: Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole reasonable discretion of Lender and shall be final and conclusive.

Appears in 3 contracts

Samples: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Cole Credit Property Trust II Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, the Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to the Lender, the decision of the Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of the Lender and shall be final and conclusive.

Appears in 3 contracts

Samples: Loan Agreement (Echelon International Corp), Credit Agreement (Forum Group Inc), Loan Agreement (Fortress Investment Corp)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall be (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 2 contracts

Samples: Loan and Security Agreement (Reckson Operating Partnership Lp), Loan and Security Agreement (Reckson Associates Realty Corp)

Lender’s Discretion. Whenever pursuant to this Agreement, Agreement Lender exercises any right given to it to approve or disapprovedisapprove any matter, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove such matter or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 2 contracts

Samples: Loan Agreement (AG Mortgage Investment Trust, Inc.), Loan Agreement (Washington Prime Group, L.P.)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve approve, disapprove, consent or disapprovewithhold consent, or any arrangement or term is to be satisfactory or acceptable to Lender, the decision of Lender to approve approve, disapprove, consent or disapprove withhold consent, or to decide whether arrangements or terms are satisfactory satisfactory, not satisfactory, acceptable or not satisfactory acceptable shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 2 contracts

Samples: Loan Agreement (Procaccianti Hotel Reit, Inc.), Loan Agreement (Procaccianti Hotel Reit, Inc.)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it pursuant to this Agreement to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (shall, except as is otherwise specifically herein provided) provided herein, be in the sole reasonable discretion of Lender and shall be final and conclusive.

Appears in 2 contracts

Samples: Loan and Security Agreement (Transatlantic Petroleum Ltd.), Loan and Security Agreement (Transatlantic Petroleum Ltd.)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender Lender, and with respect to any determination that is in the sole discretion of Lender, shall be final and conclusiveconclusive absent manifest error, in the case of numerical calculations.

Appears in 2 contracts

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Lender’s Discretion. Whenever pursuant to this AgreementAgreement , Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusiveConclusive.

Appears in 1 contract

Samples: Loan Agreement (Gramercy Capital Corp)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole but reasonable discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan Agreement (Choice Hotels International Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall be (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.. 157

Appears in 1 contract

Samples: Loan and Security Agreement (Urban Edge Properties)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not 143 satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Trust Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprovedisapprove any document or action, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove such document or action or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan Agreement (Malibu Entertainment Worldwide Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of 00000000.0.XXXXXXXX 178 Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Mezzanine D Loan Agreement (Ashford Hospitality Trust Inc)

Lender’s Discretion. (a) Whenever pursuant to this Agreement, Agreement Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Credit and Security Agreement

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve approve, or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan Agreement (Inland American Real Estate Trust, Inc.)

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Lender’s Discretion. Whenever pursuant to this ------------------- Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole sole, but good faith discretion of Lender and shall be final and conclusiveconclusive if made in good faith.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender Lender, unless expressly otherwise set forth in this Agreement, and shall be final and conclusive.

Appears in 1 contract

Samples: Loan Agreement (Manufactured Housing Properties Inc.)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein providedprovided in this Agreement) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan Agreement (Malan Realty Investors Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right rights given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve approval or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Imc Mortgage Co)

Lender’s Discretion. Whenever pursuant to this AgreementIndenture, ------------------- Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein providedprovided in this Agreement) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Merkert American Corp

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether 140 arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Lender’s Discretion. Whenever Whenever, pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Second Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Lender’s Discretion. Whenever pursuant to this Agreement, ------------------- Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein providedprovided in this Agreement) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan Agreement (Merkert American Corp)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.. Section 10.3

Appears in 1 contract

Samples: Loan Agreement (Felcor Lodging Trust Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.conclusive 112

Appears in 1 contract

Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprovedisapprove any document or action, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove such document or action or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole reasonable discretion of Lender and shall be final and conclusiveLender.

Appears in 1 contract

Samples: Loan Agreement (Malibu Entertainment Worldwide Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right rights given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve approval or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusiveLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Rac Financial Group Inc)

Lender’s Discretion. Whenever (a) Whenever, pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender Lender, as applicable, and shall be final and conclusive.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Lender’s Discretion. Whenever Except as expressly provided to the contrary herein, whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan Agreement (Hob Entertainment Inc /De/)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusiveLender. Section 8.3.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Living Communities Inc)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole and absolute discretion of Lender and shall be final and conclusiveLender.

Appears in 1 contract

Samples: Loan Agreement (Meruelo Maddux Properties, Inc.)

Lender’s Discretion. Whenever pursuant to this Agreement, Lender exercises any right given giver to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

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