Agent’s Discretion definition

Agent’s Discretion means the Agent’s determination made in the exercise of commercially reasonable (from the perspective of a secured lender) credit or business judgment.
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Agent’s Discretion means Agent’s sole and absolute discretion, subject however to objection by the Majority Lenders. Any determination that is subject to the exercise of Agent’s Discretion shall be proposed in writing by Agent to the Lenders, which may be in the form of a Collateral Covenant Certificate (or any back up schedules to such Collateral Covenant Certificate), with a column or note indicating a determination or adjustment made at “Agent’s Discretion,” or other writing. (each an “Agent’s Discretion Request”). Any Lender may object to any proposed exercise of Agent’s Discretion within three (3) Business Days of receipt of an Agent’s Discretion Request, and the absence of receipt by Agent of a written objection from a Lender within three (3) Business Days after receipt of the Agent’s Discretion Request shall be deemed a consent to the determination contained in the Agent’s Discretion Request. Any Lender objection to an Agent's Discretion Request shall be accompanied by a reasoned alternative proposed determination. Notwithstanding the foregoing, any such Agent's Discretion Request may be presented in a telephonic meeting at which all Lenders are represented, and the absence of an objection by Majority Lenders to such Agent's Discretion Request may be determined by the absence of an objection by Majority Lenders in such a telephonic meeting.
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Examples of Agent’s Discretion in a sentence

  • Cause ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ to continue to be employed as, and to actively perform the duties of, the Chief Executive Officer of each Loan Party unless a successor is appointed within sixty (60) days after the termination of such individual’s employment, and such successor is satisfactory to the Agent in Agent’s Discretion.

  • Agent’s Discretion...........................................................

  • No litigation, investigation, or proceeding is pending or, to any Loan Party’s knowledge, threatened against any Loan Party (or against its officers, directors, or managers), (i) in connection with the Loan Documents or (ii) that could (as determined in the Administrative Agent’s Discretion) have a Material Adverse Effect.

  • SECURED PARTIES’ RIGHTS AND REMEDIES AFTER DEFAULT 72 Section 11.1 Rights and Remedies 72 Section 11.2 Collateral Agent’s Discretion 73 Section 11.3 Setoff 73 Section 11.4 Intellectual Property License 73 Section 11.5 Rights and Remedies not Exclusive 74 Section 11.6 Allocation of Payments After Event of Default 74 ARTICLE XII.

  • LENDERS’ RIGHTS AND REMEDIES AFTER DEFAULT 83 11.1. Rights and Remedies 83 11.2. Agent’s Discretion 84 11.3. Setoff 85 11.4. Rights and Remedies not Exclusive 85 11.5. Allocation of Payments After Event of Default 85 XII.

  • LENDERS’ RIGHTS AND REMEDIES AFTER DEFAULT 78 11.1. Rights and Remedies 78 11.2. Agent’s Discretion 79 11.3. Setoff 80 11.4. Rights and Remedies not Exclusive 80 11.5. Allocation of Payments After Event of Default 80 XII.

  • Section 7.1. Event of Default 103 Section 7.2. Remedies 105 Section 7.3. Remedies Cumulative 106 Section 7.4. Curative Advances 106 Section 8.1. Survival 106 Section 8.2. Agent’s Discretion 107 Section 8.3. Governing Law 107 Section 8.4. Modification, Waiver in Writing 107 Section 8.5. Delay Not a Waiver 108 Section 8.6. Notices 108 Section 8.7. TRIAL BY JURY 108 Section 8.8. Headings 108 Section 8.9. Assignment.

  • All REO shall be subject to Agent’s review of preliminary title reports and acceptable environmental reports, to be determined by Agent at Agent’s Discretion, including without limitation, Phase I site assessment, Phase II site assessment, transaction screening and Flood Zone Certification, all of which shall be subject to Agent’s approval pursuant to Agent’s Discretion.

  • LENDERS’ RIGHTS AND REMEDIES AFTER DEFAULT 154 11.1. Rights and Remedies 154 11.2. Agent’s Discretion 157 11.3. Setoff 157 11.4. Rights and Remedies not Exclusive 157 11.5. Allocation of Payments After Event of Default 157 XII.

  • Instead, the Lenders have the ability under this Agreement to review and object to Agent's initial determinations of such matters in connection with the procedures set forth for the exercise of Agent’s Discretion with regard to such matters.

Related to Agent’s Discretion

  • Discretion means in the sole discretion of the Committee, with no requirement whatsoever that the Committee follow past practices, act in a manner consistent with past practices, or treat an employee or consultant in a manner consistent with the treatment afforded other employees or consultants with respect to the Plan.

  • Sole Discretion means, with respect to any determination to be made under this Agreement by a Party, the sole and absolute discretion of that Party, without regard to any standard of reasonableness or other standard by which the determination of that Party might be challenged. “Reasonable efforts” or “commercially reasonable efforts” means, with respect to a given obligation, the efforts that a reasonable and prudent person wishing to achieve a result would use in similar circumstances to perform that obligation as promptly as possible consistent with its normal business practices and good-faith business judgment, including the incurrence of reasonable immaterial expenditures or liabilities. If any date specified in this Agreement as the only day, or the last day, for taking action falls on a day that is not a business day, then that action may be taken on the next business day. Unless stated otherwise, all references to a date or time of day in this Agreement are references to that date or time of day of the location of bookinglab set out on page 1. An obligation on a Party not to do something includes an obligation not to attempt to do that thing nor to allow that thing to be done.

  • Administrative Agent’s Account means, for each Currency, an account in respect of such Currency designated by the Administrative Agent in a notice to the Borrower and the Lenders.

  • DIP Agents means the DIP ABL Agent and the DIP Term Loan Agent.

  • Administrative Agent’s Fee shall have the meaning specified in Section 10.9 [Administrative Agent’s Fee].