Common use of Lender’s Discretion Clause in Contracts

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's rights hereunder.

Appears in 6 contracts

Samples: Credit and Security Agreement (Canisco Resources Inc), Credit Agreement (Cold Metal Products Inc), Revolving Credit, Term Loan and Security Agreement (Tii Industries Inc)

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Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's rights hereunder.

Appears in 6 contracts

Samples: Credit and Security Agreement (Prima Group International Inc), Security Agreement (Cold Metal Products Inc), Credit and Security Agreement (Cold Metal Products Inc)

Lender’s Discretion. The Except as otherwise provided herein, Lender shall have the right in its sole discretion to determine which rights, Liensliens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's or Lender's rights hereunder.

Appears in 3 contracts

Samples: Loan Agreement (South Texas Oil Co), Loan Agreement (Smartserv Online Inc), Loan Agreement (One Voice Technologies Inc)

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's ’s rights hereunder.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Allied Motion Technologies Inc), Term Loan and Security Agreement (U S Wireless Data Inc)

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests rights or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's rights hereunder.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Town Sports International Inc), Loan Agreement (Enlighten Software Solutions Inc)

Lender’s Discretion. The After an Event of Default exist, Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's rights hereunder.

Appears in 2 contracts

Samples: Credit and Security Agreement (Omni Energy Services Corp), Credit and Security Agreement (Omni Energy Services Corp)

Lender’s Discretion. The Upon the occurrence and during the continuance of an Event of Default, Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's ’s rights hereunder.

Appears in 1 contract

Samples: Credit and Security Agreement (Memry Corp)

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's rights hereunder.

Appears in 1 contract

Samples: Tristar Corp

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of the Lender's ’s rights hereunderhereunder as against Borrower or each other.

Appears in 1 contract

Samples: Credit and Security Agreement (MICROSTRATEGY Inc)

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's rights hereunder. 11.3.

Appears in 1 contract

Samples: Credit, Term Loan And Security Agreement (Measurement Specialties Inc)

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's ’s or Lender’ rights hereunder.

Appears in 1 contract

Samples: Security Agreement (Franklin Electronic Publishers Inc)

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Lender’s Discretion. The Lender shall have the right in its sole discretion Permitted Discretion to determine which rights, Liens, security interests Liens or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's ’s rights hereunder.

Appears in 1 contract

Samples: Credit and Security Agreement (Primo Water Corp)

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests Security Interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's rights hereunder.

Appears in 1 contract

Samples: Credit and Security Agreement (Western Fidelity Funding Inc)

Lender’s Discretion. The Except as otherwise provided herein, Lender shall have the right in its sole discretion to determine which rights, Liensliens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's ’s or Lender’s rights hereunder.

Appears in 1 contract

Samples: Loan Agreement (Voip Inc)

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's ’s rights hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Odetics Inc)

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's ’s rights hereunderhereunder or under the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Health Benefits Direct Corp)

Lender’s Discretion. The Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Lender's or Lender' rights hereunder.

Appears in 1 contract

Samples: American Real Estate Partners L P

Lender’s Discretion. The Except as otherwise provided herein, Lender shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Lender may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of the Lender's ’s rights hereunderhereunder as against Borrower or each other.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Bullish)

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