Conditions and Waivers. All conditions precedent to the obligation of Lender to make any advance are imposed hereby solely for the benefit of Lender, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lender will refuse to make any advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived, in whole or in part, in a specific written waiver intended for that purpose and signed by Lender. Lender shall have the right to approve and verify the periodic progress, costs incurred by Borrower, and the estimated costs remaining to be incurred, after consultation with the Construction Consultant. No advance shall constitute an approval or acceptance by Lender of any construction work, a waiver of any condition precedent to any further advance, or preclude Lender from thereafter declaring the failure of Borrower to satisfy such condition precedent to be a Default. No waiver by Lender of any condition precedent or obligation shall preclude Lender from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a Default.
Appears in 2 contracts
Samples: Construction Loan Agreement (Plasma Therm Inc), Construction Loan Agreement (Plasma Therm Inc)
Conditions and Waivers. All conditions precedent to the obligation of Lender to make any advance are imposed hereby solely for the benefit of Lender, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lender will refuse to make any advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived, in whole or in part, in a specific written waiver intended for that purpose and signed by Lender. Lender shall have the right to approve and verify the periodic progress, costs incurred by Borrower, and the estimated costs remaining to be incurred, after consultation with the Construction Consultant. No advance shall constitute an approval or acceptance by Lender of any construction work, or a waiver of any condition precedent to any further advance, or preclude Lender from thereafter declaring the failure of Borrower to satisfy such condition precedent to be a Default. No waiver by Lender of any condition precedent or obligation shall preclude Lender from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a Default.
Appears in 1 contract
Samples: Construction Loan Agreement (Interline Resources Corp)
Conditions and Waivers. All conditions precedent to the obligation of Lender Bank to make approve any advance are imposed hereby solely for the benefit of LenderBank and the parties under the Loan Documents, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lender Bank will refuse to make any advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived, in whole or in part, in a specific written waiver intended for that purpose and signed by LenderBank. Lender Bank shall have the right to approve and verify the periodic progress, costs incurred by Borrower, and the estimated costs remaining to be incurred, after consultation with the Construction Consultant. No advance shall constitute an approval or acceptance by Lender Bank of any construction work, a waiver of any condition precedent to any further advance, or preclude Lender Bank from thereafter declaring the failure of Borrower to satisfy such condition precedent to be a Default. No waiver by Lender Bank of any condition precedent or obligation shall preclude Lender Bank from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a Default.
Appears in 1 contract
Samples: Construction Loan Administration Agreement (American Retirement Corp)
Conditions and Waivers. All conditions precedent to the obligation of Lender to make any advance of the Construction Loan are imposed hereby solely for the benefit of Lender, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lender will refuse to make any advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived, in whole or in part, in a specific written waiver intended for that purpose and signed by Lender. Lender shall have the right to approve and verify the periodic progress, costs incurred by Borrower, and the estimated costs remaining to be incurred, after consultation with the Construction Consultant. No advance shall constitute an approval or acceptance by Lender of any construction work, a waiver of any condition precedent to any further advance, or preclude Lender from thereafter declaring the failure of Borrower to satisfy such condition precedent to be a an Event of Default. No Unless a written waiver expressly states otherwise, no waiver by Lender of any condition precedent or obligation shall preclude Lender from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a an Event of Default.
Appears in 1 contract
Samples: Construction Loan Agreement (Introgen Therapeutics Inc)
Conditions and Waivers. All conditions precedent to the obligation of Lender ---------------------- the Bank to make any advance are imposed hereby solely for the benefit of Lenderthe Bank, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lender the Bank will refuse to make any advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived, in whole or in part, in a specific written waiver intended for that purpose and signed by Lenderthe Bank. Lender The Bank shall have the right to approve and verify the periodic progress, costs incurred by the Borrower, and the estimated costs remaining to be incurred, after consultation with the Construction Consultant. No advance shall constitute an approval or acceptance by Lender the Bank of any construction work, or a waiver of any condition precedent to any further advance, or preclude Lender the Bank from thereafter declaring the failure of the Borrower to satisfy such condition precedent to be a Default. No waiver by Lender the Bank of any condition precedent or obligation shall preclude Lender the Bank from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a Default.
Appears in 1 contract
Samples: Construction Loan Agreement (Regeneration Technologies Inc)
Conditions and Waivers. All conditions precedent to the obligation of Lender to make any advance are imposed hereby solely for the benefit of Lender, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lender will refuse to make any advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived, in whole or in part, in a specific written waiver intended for that purpose and signed by Lender. Lender shall have the right to approve and verify the periodic progress, costs incurred by Borrower, and the estimated costs remaining to be incurred, after consultation with the Construction Consultant. No advance shall constitute an approval or acceptance by Lender of any construction work, a waiver of any condition precedent to any further advance, or preclude Lender from thereafter declaring the failure of Borrower to satisfy such condition precedent to be a Default. No waiver by Lender of any condition precedent or obligation shall preclude Lender from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a Default.. Page61
Appears in 1 contract
Samples: Developmental Loan Agreement