Common use of Advances Do Not Constitute a Waiver Clause in Contracts

Advances Do Not Constitute a Waiver. No advance of Loan proceeds hereunder 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 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)

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Advances Do Not Constitute a Waiver. No advance of Loan proceeds hereunder 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 such 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 Agreement (CNL Growth Properties, Inc.), Construction Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Advances Do Not Constitute a Waiver. No advance of Loan proceeds hereunder Advance shall constitute a waiver of any of the conditions of Lender's obligation to make further advances Advances nor, in the event Borrower is unable to satisfy any such condition, shall any such advance 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 (Essex Hospitality Associates Iv Lp), Building Loan Agreement (Alterra Healthcare Corp)

Advances Do Not Constitute a Waiver. No advance of Loan proceeds hereunder shall constitute a waiver of any of the conditions of Lender's obligation to make further advances noradvances, nor in the event Borrower is unable to satisfy any such condition, shall any such advance 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 of Loan proceeds hereunder Advance shall constitute a waiver of any of the conditions of Lender's obligation obligations to make further advances Advances nor, in the event Borrower is unable to satisfy any such condition, shall any such advance 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 of Loan loan proceeds hereunder 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 such advance waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event event of Default hereunderdefault under Article 6 hereof.

Appears in 2 contracts

Samples: Construction and Land Acquisition Loan Agreement (Across America Real Estate Development Corp), Construction and Land Acquisition Loan Agreement (Across America Real Estate Development Corp)

Advances Do Not Constitute a Waiver. No advance of Loan proceeds hereunder 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 such advance have the effect of precluding Lender Administrative Agent from thereafter declaring such inability to be an Event of Default hereunderhereunder to the extent that the failure to satisfy such condition constitutes an Event of Default.

Appears in 2 contracts

Samples: Construction Loan Agreement (Bluerock Residential Growth REIT, Inc.), Construction Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Advances Do Not Constitute a Waiver. No advance of Loan proceeds hereunder Advance shall constitute a waiver of any of the conditions of Lender's obligation to make further advances Advances nor, in the event Borrower is unable to satisfy any such condition, shall any such advance 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 of the proceeds of the Loan proceeds hereunder 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 conditionconditions, shall any such advance have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunderunder Article VII hereof.

Appears in 1 contract

Samples: Construction Loan Agreement (BitNile Holdings, Inc.)

Advances Do Not Constitute a Waiver. No 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 such advance waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunderdescribed herein or in the Mortgage.

Appears in 1 contract

Samples: Revolving Loan Agreement (Levitt Corp)

Advances Do Not Constitute a Waiver. No advance of Loan proceeds hereunder Advance shall constitute a ----------------------------------- waiver of any of the conditions of Lender's obligation obligations to make further advances Advances nor, in the event Borrower is unable to satisfy any such condition, shall any such advance 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)

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Advances Do Not Constitute a Waiver. No advance of Loan proceeds hereunder shall constitute a waiver of any of the conditions of Lender's obligation to make further advances noradvances, nor in the event Borrower is unable to satisfy any such condition, shall any such advance waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunder.from

Appears in 1 contract

Samples: Construction Loan Agreement (Newmark Homes Corp)

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 obligation to make further advances Advances nor, in the event Borrower is Borrowers are unable to satisfy any such condition, shall any such advance waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event of Default hereunderunder Article VII hereof.

Appears in 1 contract

Samples: Credit Agreement (Asset Investors Corp)

Advances Do Not Constitute a Waiver. No advance of proceeds of the Loan proceeds hereunder shall constitute a waiver of any of the conditions of Lender's obligation to make further advances advances; nor, in the event Borrower is unable to satisfy any such condition, shall any such advance waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event event of Default hereunderdefault under Article 8 hereof.

Appears in 1 contract

Samples: Loan Agreement (PMT Services Inc /Tn/)

Advances Do Not Constitute a Waiver. No advance of Loan 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 such advance waiver have the effect of precluding Lender from thereafter declaring such inability to be an Event event of Default hereunderdefault under Article V hereof.

Appears in 1 contract

Samples: Loan Agreement (Goldfield Corp)

Advances Do Not Constitute a Waiver. No advance of Loan proceeds hereunder shall constitute a waiver of any of the conditions of the Lender's obligation obligations to make further advances nor, in the event the Borrower is unable to satisfy any such condition, shall any such advance have the effect of precluding the Lender from thereafter declaring such inability to be an Event of Default hereunder.

Appears in 1 contract

Samples: Construction Loan Agreement (Merisel Inc /De/)

Advances Do Not Constitute a Waiver. No advance of Loan proceeds hereunder Advance 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 such advance 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

Samples: Construction Loan Agreement (Allegiant Travel CO)

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