Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or the Subsidiary Guaranty Agreement applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon 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 either Constituent Company and any holder of a Note 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 holder of such Note.
Appears in 4 contracts
Samples: Note Purchase and Guarantee Agreement (Rexford Industrial Realty, Inc.), Note and Guaranty Agreement (Americold Realty Trust), Note and Guaranty Agreement (Americold Realty Trust)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any Guaranty Agreement applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent 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 either Constituent the Company and any Purchaser or holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement or other Transaction Document shall operate as a waiver of any rights of any Purchaser or holder of such Note.
Appears in 4 contracts
Samples: Note Purchase Agreement (Eastgroup Properties Inc), Note Purchase Agreement (Eastgroup Properties Inc), Note Purchase Agreement (Eastgroup Properties Inc)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any Note Guaranty Agreement applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent Company 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 either Constituent Company the Issuer and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Note Guaranty Agreement shall operate as a waiver of any rights of any holder of such Note.
Appears in 4 contracts
Samples: Note Purchase Agreement (CoreSite Realty Corp), Note Purchase Agreement (CoreSite Realty Corp), Note Purchase Agreement (CoreSite Realty Corp)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any NPA 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 each Constituent 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 either Constituent the Company and any Purchaser or holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary NPA Guaranty Agreement shall operate as a waiver of any rights of any holder of such Note.
Appears in 4 contracts
Samples: Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any Affiliate Guaranty Agreement applies equally to all Purchaser and holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent Company the 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 either Constituent Company the Issuer and any Purchaser or holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Affiliate Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or holder of such Note.
Appears in 3 contracts
Samples: Note Purchase Agreement (STAG Industrial, Inc.), 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 18 or the Subsidiary Guaranty Agreement 17 applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent 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 either Constituent the Parent Guarantor, the Company and any the holder of a any Note and no nor any delay in exercising any rights hereunder hereunder, under the Guaranty or under any Note or the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any holder of such Note.
Appears in 3 contracts
Samples: Note Purchase Agreement (Agree Realty Corp), Note Purchase Agreement (Agree Realty Corp), Note Purchase Agreement (Agree Realty Corp)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any Note 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 each Constituent 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 either Constituent the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Note Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or any holder of such Note.
Appears in 3 contracts
Samples: Note Purchase Agreement (Kilroy Realty, L.P.), Note Purchase Agreement (Kilroy Realty, L.P.), Note Purchase Agreement (Kilroy Realty, L.P.)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the any Subsidiary Guaranty Agreement or any other Note Document applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent 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 either Constituent the Company and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement or any other Note Document shall operate as a waiver of any rights of any holder of such Note.
Appears in 2 contracts
Samples: Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any Guaranty Agreement applies equally to all and holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent 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 either Constituent the Company and any holder of a Note 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 holder of such Note.
Appears in 2 contracts
Samples: Note Purchase Agreement (Union Electric Co), Note Purchase Agreement (Union Electric Co)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any Note 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 each Constituent Company 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 either Constituent Company the Issuer and any Purchaser or holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Note Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or holder of such Note.
Appears in 2 contracts
Samples: Note Purchase Agreement (CoreSite Realty Corp), Note Purchase Agreement (CoreSite Realty Corp)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the any Subsidiary Guaranty Agreement applies equally to all Purchaser and holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent Company 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 either Constituent Company the Issuer and any Purchaser or holder of a Note 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.
Appears in 2 contracts
Samples: Note Purchase Agreement (Retail Properties of America, Inc.), Note Purchase Agreement (Retail Properties of America, Inc.)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or the any Subsidiary Guaranty Agreement applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon each the Constituent Company 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 either Constituent Company and any holder of a Note 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 holder of such Note.
Appears in 1 contract
Samples: Note and Guarantee Agreement (Education Realty Operating Partnership L P)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any Guaranty Agreement applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent 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 either Constituent the Company and any holder of a Note 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 holder of such Note.
Appears in 1 contract
Samples: Note Purchase Agreement (CF Industries Holdings, Inc.)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any Note 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 each Constituent 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 either Constituent the Company and any holder Purchasers and holders of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Note Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or holder of such Note.
Appears in 1 contract
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any 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 each Constituent 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 either Constituent the Company and any Purchaser or holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary any Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or holder of such Note.
Appears in 1 contract
Samples: Note Purchase Agreement (Hudson Pacific Properties, L.P.)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary Guaranty Agreement applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent 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 either Constituent the Company and any holder of a Note and no delay in exercising any rights hereunder or under any Note or under the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any holder of such Note.
Appears in 1 contract
Samples: Note Purchase Agreement (Resmed Inc)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the any Subsidiary Guaranty Agreement applies equally to all holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon each Constituent 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 either Constituent the Company and any holder of a Note 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 holder of such Note.
Appears in 1 contract
Samples: Master Note Purchase Agreement (Bain Capital Specialty Finance, Inc.)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or the Subsidiary Guaranty Agreement 17 applies equally to all holders of each series of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent Company the Obligors 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 either Constituent Company the Obligors and any the holder of a any Note and no nor any delay in exercising any rights hereunder or hereunder, under any Note or the under any Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any holder of such Note. As used herein, the term “this Agreement” and references thereto shall mean this Agreement as it may from time to time be amended or supplemented.
Appears in 1 contract
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or the Subsidiary Guaranty Agreement 11 applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent Company the 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 either Constituent Company the Guarantor and any Purchaser or holder of a Note 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. As used herein, the term “this Guaranty Agreement” and references thereto shall mean this Guaranty Agreement as it may from time to time be amended or supplemented.
Appears in 1 contract
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the Subsidiary any Guaranty Agreement applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent 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 either Constituent the Company and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary any Guaranty Agreement shall operate as a waiver of any rights of any holder of such Note.
Appears in 1 contract
Samples: Note Purchase Agreement (Hudson Pacific Properties, L.P.)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or 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 each Constituent 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 either Constituent the Parent Guarantor, the Company and any Purchaser or holder of a Note 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.
Appears in 1 contract
Samples: Note Purchase Agreement (Retail Opportunity Investments Partnership, LP)
Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or the any Subsidiary Guaranty Agreement applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon each Constituent 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 either Constituent the Company and any Purchaser or holder of a Note 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.
Appears in 1 contract
Samples: Private Shelf Agreement (Chesapeake Utilities Corp)