Extract to table

Any decision by Lender regarding the extension or modification of credit shall be made by Lender in its sole and absolute discretion and shall be subject to Lender's customary credit approval processes, underwriting standards, and conditions precedent

The oral representation that BRB would "seriously consider" a new revolving facility, and the email expressing optimism about a "renewed credit relationship," are both in tension with Section 9(c)'s unambiguous statement that "Nothing herein shall constitute or be deemed to constitute a commitment, agreement, or obligation on the part of Lender to extend additional credit

The doctrinal basis for this principle is straightforward: reliance, to be actionable, must be justifiable

Counter-Arguments from Triton Harbor Notwithstanding the strength of BRB's position under the sophisticated party doctrine, the Counterclaim Plaintiffs will assert several counter-arguments that must be anticipated and addressed

" Each of these statements must be analyzed separately, as they present different issues under the parol evidence rule and the fraud exception

" Under New York law, a fraud claim must be premised on a misrepresentation of material fact, not on vague, aspirational statements of intent or expressions of hope