No Course of Dealing. The Agent and the Lenders have entered into this Amendment on the express understanding with the Borrower that in entering into this Amendment the Agent and the Lenders are not establishing any course of dealing with the Borrower. The Agent’s and the Lenders’ rights to require strict performance with all of the terms and conditions of the Credit Agreement and the other Loan Documents shall not in any way be impaired by the execution of this Amendment. None of the Agent and the Lenders shall be obligated in any manner to execute any further amendments or waivers and if such waivers or amendments are requested in the future, assuming the terms and conditions thereof are satisfactory to them, the Agent and the Lenders may require the payment of fees in connection therewith. The Borrower agrees that none of the ratifications and reaffirmations set forth herein, nor the Agent’s nor any Lender’s solicitation of such ratifications and reaffirmations, constitutes a course of dealing giving rise to any obligation or condition requiring a similar or any other ratification or reaffirmation from the Borrower with respect to any subsequent modification, consent or waiver with respect to the Credit Agreement or any other Loan Document.
Appears in 6 contracts
Samples: Mortgage Warehousing Credit and Security Agreement (Ares Commercial Real Estate Corp), Credit and Security Agreement (Ares Commercial Real Estate Corp), www.sec.gov
No Course of Dealing. The Agent and the Lenders Banks have entered into this Amendment on the express understanding with the each Borrower and Guarantor that in entering into this Amendment the Agent and the Lenders Banks are not establishing any course of dealing with the BorrowerBorrower or the Guarantors. The Agent’s and the LendersBanks’ rights to require strict performance with all of the terms and conditions of the Credit Loan Agreement and the other Loan Credit Documents shall not in any way be impaired by the execution of this Amendment. None of the Agent and the Lenders Banks shall be obligated in any manner to execute any further amendments or waivers and if such waivers or amendments are requested in the future, assuming the terms and conditions thereof are satisfactory to them, the Agent and the Lenders Banks may require the payment of fees in connection therewith. The Each of the Borrower and the Guarantors agrees that none of the ratifications and reaffirmations set forth herein, nor the Agent’s nor any LenderBank’s solicitation of such ratifications and reaffirmations, constitutes a course of dealing giving rise to any obligation or condition requiring a similar or any other ratification or reaffirmation from the Borrower or the Guarantors with respect to any subsequent modification, consent or waiver with respect to the Credit Loan Agreement or any other Loan Credit Document.
Appears in 5 contracts
Samples: Credit Agreement (Municipal Mortgage & Equity LLC), Credit Agreement (Municipal Mortgage & Equity LLC), Credit Agreement (Municipal Mortgage & Equity LLC)
No Course of Dealing. The Agent and the Lenders have entered into this Amendment on the express understanding with the Borrower Borrowers that in entering into this Amendment the Agent and the Lenders are not establishing any course of dealing with the BorrowerBorrowers. The Agent’s and the Lenders’ rights to require strict performance with all of the terms and conditions of the Credit Agreement and the other Loan Documents shall not in any way be impaired by the execution of this Amendment. None of the Agent and the Lenders shall be obligated in any manner to execute any further amendments or waivers and if such waivers or amendments are requested in the future, assuming the terms and conditions thereof are satisfactory to them, the Agent and the Lenders may require the payment of fees in connection therewith. The Borrower Each of the Borrowers agrees that none of the ratifications and reaffirmations set forth herein, nor the Agent’s nor any Lender’s solicitation of such ratifications and reaffirmations, constitutes a course of dealing giving rise to any obligation or condition requiring a similar or any other ratification or reaffirmation from the Borrower Borrowers with respect to any subsequent modification, consent or waiver with respect to the Credit Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Credit and Security Agreement (Centerline Holding Co), Warehousing Credit and Security Agreement (Centerline Holding Co)