Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.
Appears in 46 contracts
Samples: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (American Finance Trust, Inc), Loan Agreement (Clipper Realty Inc.)
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Whenever Lender exercises any right given to it to approve or disapprove, (b) or any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove all decisions or to decide that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, satisfactory shall be in the sole discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 45 contracts
Samples: Loan and Security Agreement (Etre Reit, LLC), Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Ashford Hospitality Trust Inc)
Sole Discretion of Lender. Wherever pursuant to this Agreement Security Instrument (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by Lender, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.
Appears in 15 contracts
Samples: Mortgage And (Resource Real Estate Opportunity REIT, Inc.), Trust and Security Agreement (Innovative Micro Technology Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc)
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Agreement, Lender exercises any right given to it to approve or disapprove, (b) or any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the ’s decision to approve or disapprove all decisions or to decide that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, satisfactory shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 9 contracts
Samples: And Assumption Agreement, Loan Documents (Ionis Pharmaceuticals Inc), Agreement With Release (Medalist Diversified REIT, Inc.)
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) or any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove all decisions or to decide that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, satisfactory shall be in the sole discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 6 contracts
Samples: Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (New York City REIT, Inc.)
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LenderXxxxxx, the decision to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by LenderXxxxxx, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.
Appears in 4 contracts
Samples: Agreement (Lodging Fund REIT III, Inc.), Mezzanine B Loan Agreement (Industrial Logistics Properties Trust), Mezzanine a Loan Agreement (Industrial Logistics Properties Trust)
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by Lender, shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 4 contracts
Samples: Lease (Metaldyne Performance Group Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Debt Service Reserve Agreement (El Conquistador Partnership Lp)
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LenderLxxxxx, the decision to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by LenderLxxxxx, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.
Appears in 4 contracts
Samples: Loan Agreement (Istar Inc.), Loan Agreement (Industrial Logistics Properties Trust), Mezzanine Loan Agreement (Industrial Logistics Properties Trust)
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, shall be in the sole discretion of Lender, except except, in each case, as may be otherwise expressly and specifically provided herein.
Appears in 4 contracts
Samples: Mezzanine B Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine B Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine a Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Sole Discretion of Lender. Wherever pursuant to this Agreement Assignment (ai) Lender exercises any right given to it to approve or disapprove, ; (bii) any arrangement or term is to be satisfactory to Lender, ; or (ciii) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by Lender, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.
Appears in 3 contracts
Samples: Assignment of Rents And (Owens Realty Mortgage, Inc.), Owens Realty Mortgage, Inc., Inland Real Estate Income Trust, Inc.
Sole Discretion of Lender. Wherever pursuant this Assignment calls for Lender to this Agreement (a) Lender exercises exercise any right given to it to approve or disapprove, (b) determine that any arrangement or term is to be satisfactory to Lender, or (c) make any other decision or determination is to be made by Lenderdetermination, the decision all decisions of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, Lender shall be in within the sole reasonable discretion of Lender, except as may and said approval shall not be otherwise expressly and specifically provided hereinunreasonably withheld or delayed.
Appears in 2 contracts
Samples: Assignment of Rents (Hartman Short Term Income Properties XX, Inc.), Assignment of Rents (Hartman Short Term Income Properties XX, Inc.)
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) or any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, unless otherwise specifically provided for the decision of Lender to approve or disapprove all decisions or to decide that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, satisfactory shall be in the sole discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: Loan Agreement (Clubcorp Inc), Loan Agreement (Clubcorp Inc)
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, shall be in the sole reasonable discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 2 contracts
Samples: Replacement Reserve Agreement (Illumina Inc), Reserve Agreement (Illumina Inc)
Sole Discretion of Lender. Wherever pursuant to Section 2 of this Agreement (a) Agreement, Lender exercises any right given to it to approve or disapprove, (b) or any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the ’s decision to approve or disapprove all decisions or to decide that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, satisfactory shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Sole Discretion of Lender. Wherever pursuant to this Agreement (ai) Lender exercises any right given to it to approve or disapprove, (bii) any arrangement or term is to be satisfactory to Lender, or (ciii) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Replacement Reserve Agreement (El Conquistador Partnership Lp)
Sole Discretion of Lender. Wherever pursuant this Assignment calls for Lender to this Agreement (a) Lender exercises exercise any right given to it to approve or disapprove, (b) determine that any arrangement or term is to be satisfactory to Lender, or (c) make any other decision or determination is to be made by Lenderdetermination, the decision all decisions of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, Lender shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Assignment of Rents (Hartman Short Term Income Properties XX, Inc.)
Sole Discretion of Lender. Wherever Whenever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by Lender, shall be in the sole reasonable discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Sole Discretion of Lender. Wherever pursuant to this Agreement Commitment (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove all decisions disapprove, the determination that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by Lender, shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LenderXxxxxx, the decision to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by LenderXxxxxx, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.shall
Appears in 1 contract
Sole Discretion of Lender. Wherever pursuant to this Agreement Mortgage (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Samples: Lakes Entertainment Inc
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove all decisions disapprove, the determination that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by Lender, shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) ------------------------- Lender exercises any right given to it to approve or disapprove, (b) or any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the 's decision to approve or disapprove all decisions or to decide that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Lender, satisfactory shall be in the sole and absolute discretion of LenderLender and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Sole Discretion of Lender. Wherever pursuant to this Agreement Assignment (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, satisfactory and all other decisions and determinations made by Lender, shall be in the sole reasonable discretion of Lender, except except, as may be otherwise expressly and specifically provided herein.
Appears in 1 contract
Sole Discretion of Lender. Wherever pursuant to this Agreement (a) Lender exercises any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Lender, or (c) any other decision or determination is to be made by LenderLxxxxx, the decision to approve or disapprove all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by LenderLxxxxx, shall be in the sole discretion of Lender, except as may be otherwise expressly and specifically provided herein.. 161
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Industrial Logistics Properties Trust)
