Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s obligation to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunder.
Appears in 10 contracts
Samples: Second Mezzanine Loan Agreement, Project Loan Agreement (Acadia Realty Trust), Project Loan Agreement (Acadia Realty Trust)
Advances Do Not Constitute a Waiver. No Advance advance of Loan proceeds hereunder shall constitute a waiver of any of the conditions of Lender’s 's obligation to make further Advances advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance such advance have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunder.
Appears in 4 contracts
Samples: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp), Construction Loan Agreement (United Homes Inc)
Advances Do Not Constitute a Waiver. No Advance advance of Loan proceeds hereunder shall constitute a waiver of any of the conditions of Lender’s 's obligation to make further Advances noradvances, nor in the event Borrower is unable to satisfy any such condition, shall any Advance such waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event event of Default hereunderdefault described herein or in the Mortgage.
Appears in 2 contracts
Samples: Construction Loan Agreement (Newmark Homes Corp), Construction Loan Agreement (Vacation Break Usa Inc)
Advances Do Not Constitute a Waiver. No Advance made by the Lender shall constitute a waiver of any of the conditions of to the Lender’s 's obligation to make further Advances nor any of the terms and conditions of this Agreement, nor, in the event the Borrower is unable fails to satisfy any such condition, shall any such Advance have the effect of precluding the Lender from thereafter declaring such inability failure to satisfy a condition to be an Event of Default hereunderDefault.
Appears in 2 contracts
Samples: Loan Agreement (Sepracor Inc /De/), Loan Agreement (Sepracor Inc /De/)
Advances Do Not Constitute a Waiver. No Advance made by the Lender shall constitute a waiver of any of the conditions of to the Lender’s 's obligation to make further Advances nor, in the event the Borrower is unable fails to satisfy any such condition, shall any such Advance have the effect of precluding the Lender from thereafter declaring such inability failure to satisfy a condition to be an Event of Default hereunderDefault.
Appears in 2 contracts
Samples: Construction Loan and Security Agreement (Griffin Land & Nurseries Inc), Construction Loan and Security Agreement (Griffin Land & Nurseries Inc)
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s 's obligation to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance such waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event a Default. In addition, any waiver of Default hereunderany provision of the Loan Agreement shall not constitute a waiver of any other provision, and shall not act as a future waiver of any provision of the Loan Agreement.
Appears in 2 contracts
Samples: Construction Rider to Loan Agreement (Blue Dolphin Energy Co), Loan Agreement (Blue Dolphin Energy Co)
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s obligation 's obligations to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance such waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunderhereunder with respect to any such inability which shall constitute an Event of Default.
Appears in 2 contracts
Samples: Loan Agreement (Medical Properties Trust Inc), Loan Agreement (Medical Properties Trust Inc)
Advances Do Not Constitute a Waiver. No Advance hereunder shall constitute a waiver of any of the conditions of condition to Lender’s 's obligation to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunder.
Appears in 2 contracts
Samples: Loan and Security Agreement (Equivest Finance Inc), Loan and Security Agreement (Equivest Finance Inc)
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s the Lenders’ obligation to make further Advances nor, in the event the Borrower is unable to satisfy any such condition, shall any Advance have the effect of precluding Lender the Agent from thereafter declaring such inability to be an Event of Default hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Prime Group Realty Trust), Mezzanine Construction Loan Agreement (Prime Group Realty Trust)
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s Lenders’ obligation to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance have the effect of precluding Lender Agent from thereafter declaring such inability to be an a Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Building Loan Agreement (New York Times Co), Project Loan Agreement (New York Times Co)
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s 's obligation to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunder.
Appears in 2 contracts
Samples: Building Loan Agreement (Alterra Healthcare Corp), Building Loan Agreement (Essex Hospitality Associates Iv Lp)
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s obligation to make further Advances nor, in the event Borrower is unable to satisfy nor shall any such condition, shall any Advance have the effect of precluding the Lender from thereafter declaring such inability a failure to satisfy a condition to be an Event of Default hereunderDefault.
Appears in 1 contract
Samples: Construction Loan Agreement (American Skiing Co /Me)
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s obligation to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance such waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event a Default. In addition, any waiver of Default hereunderany provision of the Agreement shall not constitute a waiver of any other provision, and shall not act as a future waiver of any provision of the Agreement.
Appears in 1 contract
Advances Do Not Constitute a Waiver. No Advance made by the Lender shall constitute a waiver of any of the conditions of to the Lender’s obligation to make further Advances nor any of the terms and conditions of this Agreement, nor, in the event the Borrower is unable fails to satisfy any such condition, shall any such Advance have the effect of precluding the Lender from thereafter declaring such inability failure to satisfy a condition to be an Event of Default hereunderDefault.
Appears in 1 contract
Samples: Construction Loan Agreement (OneBeacon Insurance Group, Ltd.)
Advances Do Not Constitute a Waiver. No Advance shall constitute a ----------------------------------- waiver of any of the conditions of Lender’s obligation 's obligations to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance such waiver have the effect of precluding Lender from thereafter declaring such inability to be a Default or an Event of Default hereunderDefault.
Appears in 1 contract
Samples: Non Recourse Loan Agreement (Markwest Hydrocarbon Inc)
Advances Do Not Constitute a Waiver. No Advance made by the Lender ----------------------------------- shall constitute a waiver of any of the conditions to the obligation of Lender’s obligation the Lender to make further Advances nor, in the event the Borrower is unable fails to satisfy any such condition, shall any such Advance have the effect of precluding the Lender from thereafter declaring such inability failure to satisfy a condition to be an Event of Default hereunderDefault.
Appears in 1 contract
Samples: Loan Agreement (Jameson Inns Inc)
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s obligation to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunder; provided however, that the inability or failure of Borrower to satisfy any such condition shall not constitute an Event of Default except to the extent expressly provided herein.
Appears in 1 contract
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s the Lenders' obligation to make further Advances nor, in the event Borrower is the Borrowers are unable to satisfy any such condition, shall any Advance have the effect of precluding Lender Agent from thereafter declaring such inability to be an Event of Default hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Shelbourne Properties Ii Inc)
Advances Do Not Constitute a Waiver. No Advance advance of Loan proceeds hereunder shall constitute a waiver of any of the conditions of Lender’s 's obligation to make further Advances noradvances, nor in the event Borrower is unable to satisfy any such condition, shall any Advance such waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunder.from
Appears in 1 contract
Advances Do Not Constitute a Waiver. No Advance made by the Lender shall constitute a waiver of any of the terms and conditions of Lender’s obligation to make further Advances this Agreement, nor, in the event the Borrower is unable fails to satisfy any such condition, shall any such Advance have the effect of precluding the Lender from thereafter declaring such inability failure to satisfy a condition to be an Event of Default hereunderDefault.
Appears in 1 contract
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions condition of Lender’s obligation to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunderAdvances.
Appears in 1 contract
Samples: Inventory Loan and Security Agreement (Diamond Resorts Corp)
Advances Do Not Constitute a Waiver. No Advance shall constitute a waiver of any of the conditions of Lender’s obligation to make further Advances nor, in the event Borrower is unable to satisfy any such condition, shall any Advance have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunder.. 2.14.7
Appears in 1 contract
Samples: Project Loan Agreement
