Common use of Binding Effect, Etc Clause in Contracts

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any Note nor any delay in exercising any rights hereunder or under any Note shall operate as a waiver of any rights of any holder of such Note or any Subsidiary Guaranty.

Appears in 4 contracts

Samples: Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc), South Jersey Industries Inc

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Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and or holders of Notes of the relevant Series and/or tranche and is binding upon them and upon each future Purchaser or holder of any Note of the relevant Series and/or tranche and upon the Company without regard to whether such Note of the relevant Series and/or tranche has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Golub Capital Private Credit Fund), Note Purchase Agreement (T. Rowe Price OHA Select Private Credit Fund), Master Note Purchase Agreement (HPS Corporate Lending Fund)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote.

Appears in 4 contracts

Samples: Note Purchase Agreement (Blue Owl Technology Income Corp.), Agreement (Blackstone Private Credit Fund), Master Note Purchase Agreement (Blackstone Private Credit Fund)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company and the Trust without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Company, the Trust and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 4 contracts

Samples: Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company Issuer and the General Partner without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Issuer, the General Partner and any Purchaser or any holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or any Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote.

Appears in 4 contracts

Samples: Note and Guaranty Agreement (First Industrial Lp), Note and Guaranty Agreement (First Industrial Lp), Note and Guaranty Agreement (First Industrial Lp)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 17, the Parent Guaranty or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note Note, the Parent Guaranty or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote.

Appears in 4 contracts

Samples: Private Shelf Agreement (RGC Resources Inc), Private Shelf Agreement (RGC Resources Inc), Private Shelf Agreement (RGC Resources Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of each Series of Notes and is binding upon them and upon each future holder of any Note and upon the Company and the Trust without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Company, the Trust and any Purchaser or holder of a Note of any Note nor any Series and no delay in exercising any rights hereunder or under any Note of any Series or Subsidiary Guaranty shall operate as a waiver of any rights of any holder of such Note or any Subsidiary GuarantyNote.

Appears in 3 contracts

Samples: Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty), Note Purchase and Private Shelf Agreement (Ramco Gershenson Properties Trust)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Parent Guarantor and the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Parent Guarantor, the Company and any the Purchaser or holder of any Note nor any delay in exercising any rights hereunder hereunder, under the Guaranty or under any Note shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote.

Appears in 3 contracts

Samples: Note Purchase Agreement (Agree Realty Corp), Agree Realty Corp, Agree Realty Corp

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Affiliate Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company Parent and the Issuer without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Parent or the Issuer and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Affiliate Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 2 contracts

Samples: Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future Purchaser and holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 2 contracts

Samples: Purchase Agreement (Trinity Capital Inc.), AG Twin Brook Capital Income Fund

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and all holders of Notes and is binding upon them and upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote. Section 17.4.

Appears in 2 contracts

Samples: Note Purchase Agreement (Ugi Corp /Pa/), Note Purchase Agreement (Ugi Corp /Pa/)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company and any Subsidiary Guarantor without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Company, a Subsidiary Guarantor and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 2 contracts

Samples: Note Purchase Agreement (Washington Real Estate Investment Trust), Note Purchase Agreement (Washington Real Estate Investment Trust)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote.

Appears in 2 contracts

Samples: Note Purchase Agreement (WABCO Holdings Inc.), Note Purchase Agreement (WABCO Holdings Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 2 contracts

Samples: Guaranty Agreement (Ugi Utilities Inc), Guaranty Agreement (Ugi Utilities Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary Guaranty.Note. OWL ROCK CAPITAL CORPORATION III NOTE PURCHASE AGREEMENT

Appears in 1 contract

Samples: Master Note Purchase Agreement (Owl Rock Capital Corp III)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Parent Guarantor and the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Parent Guarantor, the Company and any the Purchaser or holder of any Note nor any delay in exercising any rights hereunder hereunder, under the Guaranty or under any Note shall operate as a waiver of any rights of any Purchaser or any holder of such Note. Agree Limited Partnership Note or any Subsidiary Guaranty.Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (Agree Realty Corp)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or 17, in any Subsidiary Guaranty or in any other Transaction Document applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note Note, Subsidiary Guaranty or other Transaction Document shall operate as a waiver of any rights of any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Note Purchase Agreement (Copart Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company or the relevant Guarantor, as applicable, without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder hereunder, under any Guaranty or under any Note shall operate as a waiver of any rights of any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Parent Guaranty Agreement (Cintas Corp)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser Purchasers or holder holders of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Master Note Purchase Agreement (BlackRock Capital Investment Corp)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in 17, any Subsidiary Guaranty or the GP Note Guaranty, if applicable, applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note, Subsidiary Guaranty or the GP Note Guaranty, if applicable, shall operate as a waiver of any rights of any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Note Purchase Agreement (Great Plains Energy Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company Constituent Companies without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the either Constituent Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Execution Version (Education Realty Operating Partnership L P)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and all holders of Notes and is binding upon them and upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Note Purchase Agreement (Ugi Corp /Pa/)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or in any the Subsidiary Guaranty Agreement applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the each Constituent Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the either Constituent Company and any Purchaser or any holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Americold Realty Trust)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of each Series of Notes and is binding upon them and upon each future holder of any Note and upon the Company and the Trust without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Company, the Trust and any Purchaser or holder of a Note of any Note nor any Series and no delay in exercising any rights hereunder or under any Note of any Series or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Note Purchase Agreement (RPT Realty)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote. Section 17.4.

Appears in 1 contract

Samples: Note Purchase Agreement (Regal Rexnord Corp)

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Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and all holders of Notes and is binding upon them and upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Guaranty Agreement (Ugi Corp /Pa/)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in the Springing Parent Guaranty or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or the Springing Parent Guaranty or any Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Note Purchase Agreement (Kite Realty Group, L.P.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any the Subsidiary Guaranty Agreement applies equally to all Purchasers and all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Otter Tail Corp)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company and the Subsidiary Guarantor without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Company, a Subsidiary Guarantor and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Note Purchase Agreement (Equity One, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and all holders of Notes Notes, as the case may be, and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any Note nor any and no delay in exercising any rights hereunder or under any Note or any Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Note Purchase Agreement (SJW Group)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Parent Guarantor and the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Parent Guarantor, the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Note Purchase and Guaranty Agreement (Aptargroup Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or in any the Subsidiary Guaranty Agreement applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the each Constituent Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the either Constituent Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Purchase and Guarantee Agreement (Rexford Industrial Realty, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any Note nor any delay in exercising any rights hereunder or under any Note shall operate as a waiver of any rights of any holder of such Note or any Subsidiary Guaranty.. Xxxxx Xxxxxx Industries, Inc. Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (South Jersey Industries Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any the Subsidiary Guaranty applies equally to all Purchasers Investor Group Representatives and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser Investor Group Representative or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty shall operate as a waiver of any rights of any Investor Group Representative or holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Fastenal Co)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any North Haven Private Income Fund LLC Note Purchase Agreement holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Purchase Agreement (North Haven Private Income Fund LLC)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Affiliate Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company Parent and the Issuer without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Parent or the Issuer and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Affiliate Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note. STAG Industrial Operating Partnership, L.P. Note or any Subsidiary Guaranty.Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (STAG Industrial, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or in any the Subsidiary Guaranty Agreement applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company Constituent Companies without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the either Constituent Company and any Purchaser or any holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any the Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company or the Subsidiary Guarantors, as applicable, without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder hereunder, under the Subsidiary Guaranty or under any Note shall operate as a waiver of any rights of any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Note Purchase Agreement (G&k Services Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in 17, any Subsidiary Guaranty or the Parent Note Guaranty, if applicable, applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note, Subsidiary Guaranty or the Parent Note Guaranty, if applicable, shall operate as a waiver of any rights of any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Guaranty Agreement (Westar Energy Inc /Ks)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Chesapeake Utilities Corp

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or and any holder of any a Note nor any and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any holder of such Note or any Subsidiary GuarantyNote.

Appears in 1 contract

Samples: Guaranty Agreement (Federated Hermes, Inc.)

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