Agent’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Agent or the Lenders shall be to that Person’s exercise of its judgment, in good faith, based upon that Person’s consideration of any such factor as that Person, taking into account information of which that Person then has actual knowledge, believes:
Appears in 2 contracts
Samples: Loan and Security Agreement (RoomStore, Inc.), Loan and Security Agreement (RoomStore, Inc.)
Agent’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Agent or the Lenders shall be to that Person’s 's exercise of its judgment, in good faith, based upon that Person’s 's consideration of any such factor as that Person, taking into account information of which that Person then has actual knowledge, believes:
Appears in 1 contract
Samples: Loan and Security Agreement (Wild Oats Markets Inc)
Agent’s Discretion. (a) Each reference in the Loan Documents to the exercise of discretion or the like by the Agent or the Lenders shall be to that Person’s 's exercise of its judgment, in good faith, faith based upon that Person’s 's consideration of any such factor as that Person, taking into account information of which that Person then has actual knowledge, believes:
Appears in 1 contract
Samples: Loan and Security Agreement (Duckwall Alco Stores Inc)
