Common use of Delay; Waiver Clause in Contracts

Delay; Waiver. Any waiver of an Event of Default by the Agent or Required Lenders shall not extend to or affect any subsequent default, whether it be the same Event of Default or not, nor impair any right consequent thereon. No failure or delay on the part of the Agent in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver of any provision of this Agreement or of any instrument executed hereunder or pursuant hereto or consent to any departure by Borrowers therefrom shall be effective unless the same shall be in writing, signed by an officer of the Agent and each Required Lender, and then only to the extent specified. All rights and remedies of Lenders herein and by law afforded will be cumulative and will be available to Lenders until the indebtedness of Borrower under the Loan Documents is indefeasibly paid in full and no Commitments remain outstanding.

Appears in 5 contracts

Samples: Second Amended and Restated Loan Agreement (Summit Hotel Properties, Inc.), Second Amended and Restated Loan Agreement (Summit Hotel Properties, LLC), Second Amended and Restated Loan Agreement (Summit Hotel Properties, LLC)

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Delay; Waiver. Any waiver of an Event of Default by the Agent or Required Lenders Lender shall not extend to or affect any subsequent default, whether it be the same Event of Default or not, nor impair any right consequent thereon. No failure or delay on the part of the Agent Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver of any provision of this Agreement or of any instrument executed hereunder or pursuant hereto or consent to any departure by Borrowers Company therefrom shall be effective unless the same shall be in writing, signed by an officer of the Agent and each Required Lender, and then only to the extent specified. All rights and remedies of Lenders Lender herein and by law afforded will be cumulative and will be available to Lenders Lender until the indebtedness of Borrower Company under the Loan Documents is indefeasibly paid in full and no Commitments remain outstandingfull.

Appears in 2 contracts

Samples: Loan Agreement (ERF Wireless, Inc.), Loan Agreement (Summit Hotel Properties LLC)

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