Common use of Lender Not in Default Clause in Contracts

Lender Not in Default. Lender is not in default under the Loan Documents or any instrument executed in connection with the Loan Documents, and no condition exists which, with the giving of notice or lapse of time, or both, would constitute a default by Lender thereunder. Any default or purported default of Lender in connection with the Loan Documents arising prior to the execution of this Amendment, whether known or unknown, is waived by Borrower.

Lender Not in Default. Lender is not in default under the Loan Documents or any instrument executed in connection with the Loan Documents, and no condition exists which, with the giving of notice or lapse of time, or both, would constitute a default by Lender thereunder. Any default or purported default of Lender in connection with the Loan Documents arising prior to the execution of this Third Amendment, whether known or unknown, is waived by Borrower.