Common use of Withholding of Consent Clause in Contracts

Withholding of Consent. Wherever in this Agreement or any other Loan Document or Facility Document, reference is made to any consent or approval not being "unreasonably withheld" or words of similar import, the same shall be deemed to include within its meaning (unless expressly provided otherwise) that if such consent or approval is to be granted, the same will occur within a commercially reasonable period of time. If Borrower believes that Lender has improperly failed to grant its consent or approval (or otherwise improperly failed to act as requested by Borrower as described in Section 9.17.1 hereof (e.g., determined that a document is not acceptable to Lender) hereunder or any other Loan Document or Facility Document (including, without limitation, by failing to respond within a commercially reasonable period of time) where such consent or approval is required to be given by (or such action which was not taken is in breach of) the terms of this Agreement or such other Loan Document or Facility Document, Borrower's sole remedy shall be to obtain declaratory relief in a final, non-appealable judgment determining such withholding to have been improper, whereupon such consent or approval shall be deemed given (or such other action described in Section 9.17.1 hereof shall be deemed taken), and Borrower hereby waives all claims for damages or set-off resulting from any withholding of consent or approval (or failure to take any other action described in Section 9.17.1 hereof) by Lender.

Withholding of Consent. Wherever in this Agreement Agreement, the Mortgage or any other Loan Document or Facility Document, reference is made to any consent or approval not being "unreasonably withheld" or words of similar import, the same shall be deemed to include within its meaning (unless expressly provided otherwise) that if such consent or approval is to be granted, the same will occur within a commercially reasonable period of time. If Borrower believes that Lender has improperly failed to grant its consent or approval (or otherwise improperly failed to act as requested by Borrower as described in Section 9.17.1 7.17.1 hereof (e.g., determined that a document is not acceptable to Lender) hereunder or under the Mortgage or any other Loan Document or Facility Document (including, without limitation, by failing to respond within a commercially reasonable period of time) where such consent or approval is required to be given by (or such action which was not taken is in breach of) the terms of this Agreement or such other Loan Document or Facility Document, Borrower's sole remedy shall be to obtain declaratory relief in a final, non-appealable judgment determining such withholding to have been improper, whereupon such consent or approval shall be deemed given (or such other action described in Section 9.17.1 7.17.1 hereof shall be deemed taken), and Borrower hereby waives all claims for damages or set-off resulting from any withholding of consent or approval (or failure to take any other action described in Section 9.17.1 7.17.1 hereof) by Lender.

Withholding of Consent. Wherever in this Agreement, the Mortgage, the Cash Management Agreement or any other Loan Document or Facility Document, reference is made to any consent or approval not being "unreasonably withheld" or words of similar import, the same shall be deemed to include within its meaning (unless expressly provided otherwise) that if such consent or approval is to be granted, the same will occur within a commercially reasonable period of time. If Borrower believes that Lender has improperly failed to grant its consent or approval (or otherwise improperly failed to act as requested by Borrower as described in Section 9.17.1 6.17.1 hereof (e.g., determined that a document is not acceptable to Lender) hereunder or under the Mortgage, the Cash Management Agreement or any other Loan Document or Facility Document (including, without limitation, by failing to respond within a commercially reasonable period of time) where such consent or approval is required to be given by (or such action which was not taken is in breach of) the terms of this Agreement or such other Loan Document or Facility Document, Borrower's sole remedy shall be to obtain declaratory relief in a final, non-appealable judgment determining such withholding to have been improper, whereupon such consent or approval shall be deemed given (or such other action described in Section 9.17.1 6.17.1 hereof shall be deemed taken), and Borrower hereby waives all claims for damages or set-off resulting from any withholding of consent or approval (or failure to take any other action described in Section 9.17.1 6.17.1 hereof) by Lender.

Withholding of Consent. Wherever in this Agreement Agreement, the Pledge or any other Loan Document or Facility Document, reference is made to any consent or approval not being "unreasonably withheld" or words of similar import, the same shall be deemed to include within its meaning (unless expressly provided otherwise) that if such consent or approval is to be granted, the same will occur within a commercially reasonable period of time. If Borrower believes that Lender has improperly failed to grant its consent or approval (or otherwise improperly failed to act as requested by Borrower as described in Section 9.17.1 7.17.1 hereof (e.g., determined that a document is not acceptable to Lender) hereunder or under the Pledge or any other Loan Document or Facility Document (including, without limitation, by failing to respond within a commercially reasonable period of time) where such consent or approval is required to be given by (or such action which was not taken is in breach of) the terms of this Agreement or such other Loan Document or Facility Document, Borrower's sole remedy shall be to obtain declaratory relief in a final, non-appealable nonappealable judgment determining such withholding to have been improper, whereupon such consent or approval shall be deemed given (or such other action described in Section 9.17.1 7.17.1 hereof shall be deemed taken), and Borrower hereby waives all claims for damages or set-off resulting from any withholding of consent or approval (or failure to take any other action described in Section 9.17.1 7.17.1 hereof) by Lender.