Sole Discretion of Lender. Wherever pursuant to this Mortgage 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 that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Lender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 5 contracts
Samples: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc), Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc), Assumption and Ratification Agreement (Inland American Real Estate Trust, Inc.)
Sole Discretion of Lender. Wherever pursuant to this Mortgage Agreement, Lender ------------------------- exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the Lender's decision of Lender to approve or disapprove or to decide that arrangements or terms are satisfactory or not satisfactory shall be in the sole and absolute discretion of Lender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: Consent to Merger (Apple Hospitality Two Inc), Apple Hospitality Two Inc
Sole Discretion of Lender. Wherever pursuant to this Mortgage 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 that arrangements or terms are satisfactory or not satisfactory shall be in the sole discretion of Lender and shall be final and conclusive, absent manifest error, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.), Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.)
Sole Discretion of Lender. Wherever pursuant to this Mortgage 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 that arrangements or terms are satisfactory or not satisfactory shall be in the sole sole, but reasonable, discretion of Lender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Loan Agreement (Lodgian Inc)