Common use of Lender’s Discretion Clause in Contracts

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Person's exercise of its judgement, in good faith (which shall be presumed), based upon that Person's consideration of any such factor as the Lender, taking into account information of which that Person then has actual knowledge, believes:

Appears in 5 contracts

Samples: Loan and Security Agreement (Harvey Electronics Inc), Loan and Security Agreement (Garden Botanika Inc), Agreement (Crown Books Corp)

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Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Personthe Lender's exercise of its judgementjudgment, in good faith (which shall be presumed), based upon that Person's consideration of any such factor as the Lender, taking into account information of which that Person then has actual knowledge, believes:.

Appears in 3 contracts

Samples: Agreement (Gadzooks Inc), Agreement (Gadzooks Inc), Loan and Security Agreement (Gadzooks Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that PersonLender's exercise of its judgement, in good faith (which shall be presumed), based upon that PersonLender's consideration of any such factor as the Lender, taking into account information of which that Person Lender then has actual knowledge, believes:

Appears in 2 contracts

Samples: Agreement (Right Start Inc /Ca), Loan and Security Agreement (White House Inc/Md)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Person's the Lender’s exercise of its judgement, in good faith (which shall be presumed), based upon that Person's the Lender’s consideration of any such factor as the Lender, taking into account information of which that Person Lender then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Paper Warehouse Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the Lender's exercise of discretion or the like by the Lender shall be to that Personthe Lender's exercise of its judgementjudgment, in good faith (which shall be presumed), based upon that Personthe Lender's consideration of any such factor factors as the Lender, taking into account information of which that Person the Lender then has actual knowledge, believes:

Appears in 1 contract

Samples: Big Entertainment Inc

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Personthe Lender's exercise of its judgementjudgment, in good faith (which shall be presumed), based upon that Personthe Lender's consideration of any such factor factors as the Lender, taking into account information of which that Person the Lender then has actual knowledge, believes:

Appears in 1 contract

Samples: Alloy Inc

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Personthe Lender's exercise of its judgementjudgment, in good faith (which shall be presumed)faith, based upon that Personthe Lender's consideration of any such factor as the Lender, taking into account information of which that Person the Lender then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Iparty Corp)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Person's exercise of its judgementjudgment, in good faith (which shall be presumed), based upon that Person's consideration of any such factor as the Lender, taking into account information of which that Person then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Paper Warehouse Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion discretion, sole discretion, sole and absolute discretion, judgment or the like by the Lender shall in all cases be deemed to be to that Person's the Lender’s exercise of its judgementreasonable judgment, in good faith (which shall be presumed), based upon that Person's the Lender’s consideration of any such factor factors as the Lender, taking into account information of which that Person the Lender then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (dELiAs, Inc.)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Personthe Lender's exercise of its judgementjudgment, in good faith (which shall be presumed), based upon that Personthe Lender's consideration of any such factor as the LenderLender , taking into account information of which that Person then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Bakers Footwear Group Inc)

Lender’s Discretion. (ai) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Personthe Lender's exercise of its judgementjudgment, in good faith (which shall be presumed), based upon that Personthe Lender's consideration of any such factor factors as the Lender, taking into account information of which that Person then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan Agreement (Natural Wonders Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Person's the Lender’s exercise of its judgementjudgment, in good faith (which shall be presumed), based upon that Person's consideration of any such factor as the Lender, taking into account information of which that Person then has actual knowledge, believes:.

Appears in 1 contract

Samples: Loan and Security Agreement (Dreams Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that such Person's ’s exercise of its judgementjudgment, in good faith (which shall be presumed), based upon that Person's consideration of any such factor as the Lender, taking into account information of which that Person then has actual knowledge, believes:.

Appears in 1 contract

Samples: Loan and Security Agreement (Redenvelope Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Person's exercise of its commercially reasonable judgement, in good faith (which shall be presumed), based upon that Person's consideration of any such factor as the Lender, taking into account information of which that Person then has actual knowledge, believes:

Appears in 1 contract

Samples: Factory Card Outlet Corp

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Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Person's the Lender’s exercise of its judgementjudgment, in good faith (which shall be presumed)faith, based upon that Person's the Lender’s consideration of any such factor as the Lender, taking into account information of which that Person the Lender then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Iparty Corp)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that such Person's exercise of its judgementjudgment, in good faith (which shall be presumed), based upon that Person's consideration of any such factor as the Lender, taking into account information of which that Person then has actual knowledge, believes:.

Appears in 1 contract

Samples: Loan and Security Agreement (Bluefly Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Person's the Lender’s exercise of its judgementjudgment, in good faith (which shall be presumed), based upon that Person's the Lender’s consideration of any such factor as the LenderLender , taking into account information of which that Person then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Bakers Footwear Group Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Person's the Lender’s exercise of its judgementjudgment, in good faith (which shall be presumed)faith, based upon that Person's the Lender’s consideration of any such factor as the Lender, taking into account information of which that Person it then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Charlotte Russe Holding Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that PersonLender's exercise of its judgement, in good faith (which shall be presumed), based upon that PersonLender's consideration of any such factor as the Lender, taking into account information of which that Person Lender then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (National Home Centers Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the Lender's exercise of discretion or the like by the Lender shall be to that Personthe Lender's exercise of its judgementjudgement in accordance with its standard practice, in good faith (which shall be presumed), based upon that Personthe Lender's consideration of any such factor factors as the Lender, taking into account information of which that Person the Lender then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Seachange International Inc)

Lender’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Person's exercise of its judgementjudgment, in good faith (which shall be rebuttably presumed), based upon that Person's consideration of any such factor as the Lender, taking into account information of which that Person then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Great Train Store Co)

Lender’s Discretion. (a) a Each reference in the Loan Documents to the exercise of discretion or the like by the Lender shall be to that Personthe Lender's exercise of its judgementreasonable credit judgment, in good faith (which shall be presumed), based upon that Personthe Lender's consideration of any such factor as the Lender, taking into account information of which that Person the Lender then has actual knowledge, believes:

Appears in 1 contract

Samples: Loan and Security Agreement (Harrys Farmers Market Inc)

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