Common use of Binding Effect; Waiver of Acceptance Clause in Contracts

Binding Effect; Waiver of Acceptance. This Agreement shall bind Indemnitor and its heirs, personal representatives, successors and assigns and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, successors and assigns. Notwithstanding the foregoing, Indemnitor shall not assign any of its rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon Indemnitor.

Appears in 11 contracts

Samples: Indemnity and Guaranty Agreement (NNN Healthcare/Office REIT, Inc.), Indemnification & Liability (NNN Apartment REIT, Inc.), Indemnity and Guaranty Agreement (NNN Healthcare/Office REIT, Inc.)

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Binding Effect; Waiver of Acceptance. This Agreement shall bind Indemnitor and its the heirs, personal representatives, successors and assigns of Indemnitor and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, successors and assigns. Notwithstanding the foregoing, Indemnitor shall not assign any of its their rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its Lender’s sole discretion. Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon Indemnitor.

Appears in 6 contracts

Samples: Indemnity and Guaranty Agreement, Indemnity and Guaranty Agreement, Indemnity and Guaranty Agreement (IMH Financial Corp)

Binding Effect; Waiver of Acceptance. This Agreement shall bind each Indemnitor and its the heirs, personal representatives, successors and assigns of each Indemnitor and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, personal representatives, successors and assigns. Notwithstanding the foregoing, Indemnitor shall not assign any of its respective rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon Indemnitor.

Appears in 5 contracts

Samples: Environmental Indemnity Agreement (NNN Healthcare/Office REIT, Inc.), Environmental Indemnity Agreement (NNN Apartment REIT, Inc.), Environmental Indemnity Agreement (NNN Healthcare/Office REIT, Inc.)

Binding Effect; Waiver of Acceptance. This Agreement shall bind each Indemnitor and its the heirs, personal representatives, successors and assigns of each Indemnitor and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, personal representatives, successors and assigns. Notwithstanding the foregoing, Indemnitor Indemnitors shall not assign any of its their respective rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Each Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon IndemnitorIndemnitors.

Appears in 3 contracts

Samples: Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc), Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc), Environmental Indemnity Agreement (Apple Suites Inc)

Binding Effect; Waiver of Acceptance. This Agreement shall bind each Indemnitor and its the heirs, personal representatives, successors and assigns of each Indemnitor and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, successors and assigns. Notwithstanding the foregoing, Indemnitor Indemnitors shall not assign any of its their respective rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Each Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon IndemnitorIndemnitors.

Appears in 1 contract

Samples: Hazardous Substances Indemnity Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Binding Effect; Waiver of Acceptance. This Agreement shall bind each ------------------------------------ Indemnitor and its the heirs, personal representatives, successors and assigns of each Indemnitor and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, personal representatives, successors and assigns. Notwithstanding the foregoing, Indemnitor Indemnitors shall not assign any of its their respective rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Each Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon IndemnitorIndemnitors.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Apple Suites Inc)

Binding Effect; Waiver of Acceptance. This Agreement shall bind ------------------------------------ Indemnitor and its heirs, personal representatives, successors and assigns and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, successors and assigns. Notwithstanding the foregoing, Indemnitor shall not assign any of its rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon Indemnitor.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Apple Suites Inc)

Binding Effect; Waiver of Acceptance. This Agreement shall bind each Indemnitor and its their respective heirs, personal representatives, successors and assigns and shall inure to the benefit of Lender the Agent, the Lenders and the officers, directors, shareholders, agents and employees of the Agent and each Lender and their respective heirs, successors and assigns. Notwithstanding the foregoing, no Indemnitor shall not assign any of its rights or obligations under this Agreement without the prior written consent of Lenderthe Agent, which consent may be withheld by Lender the Agent in its sole discretion. Each Indemnitor hereby waives any acceptance of this Agreement by LenderAgent, and this Agreement shall immediately be binding upon such Indemnitor.

Appears in 1 contract

Samples: Indemnification & Liability (American Financial Realty Trust)

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Binding Effect; Waiver of Acceptance. This Agreement shall bind ------------------------------------ each Indemnitor and its the heirs, personal representatives, successors and assigns of each Indemnitor and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, personal representatives, successors and assigns. Notwithstanding the foregoing, Indemnitor Indemnitors shall not assign any of its their respective rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Each Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon IndemnitorIndemnitors.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc)

Binding Effect; Waiver of Acceptance. This Agreement shall bind Indemnitor and its heirs, personal representatives, successors and assigns and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, successors and assigns. Notwithstanding the foregoing, except in the event of a merger as permitted under the Mortgage, Indemnitor shall not assign any of its rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon Indemnitor.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Apple Hospitality Two Inc)

Binding Effect; Waiver of Acceptance. This Agreement shall bind each Indemnitor and its the heirs, personal representatives, successors and assigns of each Indemnitor and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, personal representatives, successors and assigns. Notwithstanding the foregoing, Indemnitor except to the extent of a merger as permitted under the Mortgage, Indemnitors shall not assign any of its their respective rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Each Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon IndemnitorIndemnitors.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Apple Hospitality Two Inc)

Binding Effect; Waiver of Acceptance. This Agreement shall ------------------------------------ bind Indemnitor and its heirs, personal representatives, successors and assigns and shall inure to the benefit of Lender and the officers, directors, shareholders, agents and employees of Lender and their respective heirs, successors and assigns. Notwithstanding the foregoing, Indemnitor shall not assign any of its rights or obligations under this Agreement without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Indemnitor hereby waives any acceptance of this Agreement by Lender, and this Agreement shall immediately be binding upon Indemnitor.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Cornerstone Realty Income Trust Inc)

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