Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege under any Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any Loan Document, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 13 contracts
Samples: Mezzanine Loan Agreement (Strategic Storage Trust VI, Inc.), Mezzanine Loan Agreement (Strategic Storage Trust VI, Inc.), Loan Agreement (Stratus Properties Inc)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement or any other Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any this Agreement or the other Loan DocumentDocuments, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 11 contracts
Samples: Second Mezzanine Loan Agreement, Loan Agreement (Host Marriott Corp/), Loan Agreement (Host Marriott L P)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege under any Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any the Loan DocumentDocuments, or to declare a default for failure to effect prompt payment of any such other amount. Lender shall have the right to waive or reduce any time periods that Lender is entitled to under the Loan Documents in its sole and absolute discretion.
Appears in 8 contracts
Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.), Lease Agreement (American Realty Capital Hospitality Trust, Inc.), Loan Agreement (Moody National REIT I, Inc.)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender any Indemnitee in insisting upon strict performance of any term, condition, covenant or agreement, agreement or exercising any right, power, remedy or privilege under any Loan Document, or any other instrument given as security thereforhereunder, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Documentthis Agreement, Lender neither Indemnitee shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any Loan Documentthis Agreement, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 6 contracts
Samples: Indemnity Agreement (Brookdale Living Communities Inc), Indemnity Agreement (Brookdale Living Communities Inc), Indemnity Agreement (Brookdale Living Communities Inc)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, under any other Loan Document, Document or under any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable hereunder or under any other Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any this Agreement, the Note or the other Loan DocumentDocuments, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 6 contracts
Samples: Mezzanine Loan Agreement (Toys R Us Inc), Loan Agreement (Toys R Us Inc), Loan Agreement (Aspen REIT, Inc.)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, agreement or exercising any right, power, remedy or privilege under any Loan Document, or any other instrument given as security thereforhereunder, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Documentthis Agreement, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any Loan Documentthis Agreement, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 5 contracts
Samples: Environmental Indemnity Agreement (Brookdale Living Communities Inc), Environmental Indemnity Agreement (Brookdale Living Communities Inc), Environmental Indemnity Agreement (Brookdale Living Communities Inc)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any the Loan DocumentDocuments, or to declare a default an Event of Default for failure to effect prompt payment of any such other amount.
Appears in 4 contracts
Samples: Loan Agreement (Westfield America Inc), Loan Agreement (Westfield America Inc), Loan Agreement (Westfield America Inc)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any the Loan DocumentDocuments, or to declare a default Default for failure to effect prompt payment of any such other amount.
Appears in 3 contracts
Samples: Loan Agreement (Fac Realty Trust Inc), Loan Agreement (United Investors Realty Trust), Loan Agreement (Brookdale Living Communities Inc)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement or any other Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any this Agreement or the other Loan DocumentDocuments, or to declare a default for consider such failure to effect prompt payment of any such other amountamount an Event of Default.
Appears in 2 contracts
Samples: Loan and Security Agreement (Transatlantic Petroleum Ltd.), Loan and Security Agreement (Transatlantic Petroleum Ltd.)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon the Indemnitees to enforce the demand or strict performance of any term, condition, covenant or agreement, agreement or exercising exercise any right, power, remedy or privilege under any Loan Document, or any other instrument given as security thereforhereunder, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Documentthis Agreement, Lender the Indemnitees shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any Loan Documentthis Agreement, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 2 contracts
Samples: Environmental Indemnity Agreement (Quaker Fabric Corp /De/), Environmental Indemnity Agreement (Quaker Fabric Corp /De/)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Note, or of any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Note or any other Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any this Agreement, the Note or the other Loan DocumentDocuments, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 2 contracts
Samples: Loan Agreement (Lazard Freres Real Estate Investors LLC), Loan Agreement (Lf Strategic Realty Investors Ii L P)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, under any other Loan Document, Document or under any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable hereunder or under any other Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any this Agreement, the Notes or the other Loan DocumentDocuments, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 2 contracts
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (New York REIT, Inc.)
Delay Not a Waiver. Neither any failure nor any delay on the ------------------ part of Lender any Indemnitee in insisting upon strict performance of any term, condition, covenant or agreement, agreement or exercising any right, power, remedy or privilege under any Loan Document, or any other instrument given as security thereforhereunder, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Documentthis Agreement, Lender neither Indemnitee shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any Loan Documentthis Agreement, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 1 contract
Samples: Indemnity Agreement (Brookdale Living Communities Inc)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement or any other Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any Loan Document, this Agreement or to declare a default for failure to effect prompt payment of any such the other amount.DMEAST #17478116 v7 84
Appears in 1 contract
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement or any other Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any this Agreement or the other Loan DocumentDocuments, or to declare a default an Event of Default for failure to effect prompt payment of any such other amount.
Appears in 1 contract
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder or under any other Loan Document, or under any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement or any other Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any this Agreement or the other Loan DocumentDocuments, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 1 contract
Delay Not a Waiver. Neither any failure nor any delay on the ------------------ part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any the Loan DocumentDocuments, or to declare a default Default for failure to effect prompt payment of any such other amount.
Appears in 1 contract
Samples: Loan Agreement (Saul Centers Inc)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising 72 any right, power, remedy or privilege under any Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any the Loan DocumentDocuments, or to declare a default for failure to effect prompt payment of any such other amount. Lender shall have the right to waive or reduce any time periods that Lender is entitled to under the Loan Documents in its sole and absolute discretion.
Appears in 1 contract
Samples: Loan Agreement (Sun Communities Inc)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement or any other Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any this Agreement or the other Loan DocumentDocuments, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 1 contract
Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Delay Not a Waiver. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any the Loan Document118 Documents, or to declare a default Default for failure to effect prompt payment of any such other amount.
Appears in 1 contract
Delay Not a Waiver. Neither any failure nor any delay on the part of ------------------ Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under any Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under any the Loan DocumentDocuments, or to declare a default an Event of Default for failure to effect prompt payment of any such other amount.
Appears in 1 contract