Common use of Modification, Waiver in Writing Clause in Contracts

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of either of the Notes, or of any other Loan Document, nor consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on any Borrower, shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 3 contracts

Samples: Loan Agreement (Bref Hr, LLC), Loan Agreement (Hard Rock Hotel Holdings, LLC), Loan Agreement (Hard Rock Hotel Holdings, LLC)

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Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of either of the Notes, Agreement or of any other Loan Document, nor consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is soughtAgent, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on any Borrower, shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, the Notes or of either of the Notes, or of any other Loan Document, nor or consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, to or demand on any Borrower, Borrower shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 2 contracts

Samples: Loan Agreement (American Real Estate Investment Corp), Loan Agreement (Forum Group Inc)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of either of the NotesNote, or of any other Loan Document, nor consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided hereinin this Agreement or in any of the other Loan Documents, no notice to, or demand on any Borrower, shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (GMH Communities Trust)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of either of the any Notes, or of any other Loan Document, nor any consent to any departure by any the Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on any Borrower, the Borrower or the Agent shall entitle such the Borrower or any other Borrower the Agent, as the case may be, to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Credit Agreement (Prime Group Realty Trust)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of either of the Notes, Agreement or of any other Loan Document, nor consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party or parties against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly EAST\87098743.3 provided herein, no notice to, or demand on any BorrowerBorrowers, shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust V, Inc.)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of either of the NotesNote, or of any other Loan Document, nor consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on any Borrower, shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or other circumstances.,

Appears in 1 contract

Samples: Loan Agreement (Colony Starwood Homes)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, the Global Note or of either of the Notes, or of any other Loan Document, nor or consent to any departure by any Borrower Borrowers therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, to or demand on any Borrower, Borrowers shall entitle such Borrower or any other Borrower Borrowers to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Kranzco Realty Trust)

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Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Loan Agreement, or of either of the Notes, or of any other Loan Document, nor consent to any departure by any the Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, to or demand on any Borrower, the Borrower shall entitle such Borrower or any other the Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of either of the Notes, Agreement or of any other Loan Document, nor consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on any Borrower, shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or to other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Apple REIT Nine, Inc.)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreementany of the Loan Documents, or of either of the Notes, or of any other Loan Document, nor consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, to or demand on any Borrower, Borrower shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Stratus Properties Inc)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of either of the Notes, Agreement or of any other Loan Document, nor consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on any Borrower, shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or other circumstances...

Appears in 1 contract

Samples: Loan Agreement (Interstate Hotels & Resorts Inc)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of either of the Notes, or of any other Loan Document, nor consent to any departure by any Borrower therefrom, Agreement shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, Lender and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which givenBorrower. Except as otherwise expressly provided herein, no notice to, or demand on any Borrower, shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Manufactured Housing Properties Inc.)

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