Common use of No Implied Waivers; Cumulative Remedies; Writing Required Clause in Contracts

No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of Agent or any Lender in exercising any right, power, remedy or privilege under any Loan Document will affect any other or future exercise thereof or operate as a waiver thereof, nor will any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of Agent and Lenders under any Loan Document are cumulative and not exclusive of any rights or remedies which they could otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of any Lender with respect to any breach or default under any Loan Document or any waiver of any provision or condition of any Loan Document must be in writing and will be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Construction Loan Agreement (Cottonwood Multifamily Opportunity Fund, Inc.), Construction Loan Agreement (Investors Real Estate Trust)

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No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of Agent or any Lender in exercising any right, power, remedy or privilege under any Loan Document will affect any other or future exercise thereof or operate as a waiver thereof, nor will any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of Agent and Lenders Lender under any Loan Document are cumulative and not exclusive of any rights or remedies which they could otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of any Lender with respect to any breach or default under any Loan Document or any waiver of any provision or condition of any Loan Document must be in writing and will be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement (CNL Growth Properties, Inc.)

No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of Agent or any Lender in exercising any right, power, remedy or privilege under any Loan Document will affect any other or future exercise thereof or operate as a waiver thereof, nor will any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of Agent and Lenders Lender under any Loan Document are cumulative and not exclusive of any rights or remedies which they it could otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of any Lender with respect to any breach or default under any Loan Document or any waiver of any provision or condition of any Loan Document must be in writing and will be effective only to the extent specifically set forth in such writing.

Appears in 1 contract

Samples: Construction and Mini Perm Loan Agreement (HMG Courtland Properties Inc)

No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of Agent or any Lender in exercising any right, power, remedy or privilege under this Agreement or any other the Loan Document will shall affect any other or future exercise thereof or operate as a waiver thereof, nor will shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of Agent Lender under this Agreement and Lenders under any other Loan Document Documents are cumulative and not exclusive of any rights or remedies which they could would otherwise have. Any waiver, permit, permit consent or approval of any kind or character on the part of any Lender with respect to of any breach or default under any Loan Document this Agreement or any such waiver of any provision or condition of any Loan Document this Agreement must be in writing and will shall be effective only to the extent specifically set forth in such writing.

Appears in 1 contract

Samples: Term Loan Agreement

No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of Agent or any the Lender in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document will shall affect any other or future exercise thereof or operate as a waiver thereof, nor will shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of Agent the Lender under this Agreement and Lenders under any other Loan Document Documents are cumulative and not exclusive of any rights or remedies which they could would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of any Lender with respect to of any breach or default under any Loan Document this Agreement or any such waiver of any provision or condition of any Loan Document this Agreement must be in writing and will shall be effective only to the extent specifically set forth in such writing.

Appears in 1 contract

Samples: Loan Agreement (Corporate Property Associates 17 - Global INC)

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No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of Agent or any Lender in exercising any right, power, remedy or privilege under any Loan Credit Document will shall affect any other or future exercise thereof or operate as a waiver thereof, nor will shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of Agent and Lenders under any Loan Credit Document are cumulative and not exclusive of any rights or remedies which they could would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of any Lender with respect to of any breach or default under any Loan Document this Agreement or any such waiver of any provision or condition of any Loan Document this Agreement must be in writing and will shall be effective only to the extent specifically set forth in such writing.

Appears in 1 contract

Samples: Credit Agreement (CastleRock Security Holdings, Inc.)

No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no --------------------------------------------------------- delay or failure of Agent or any Lender in exercising any right, power, power or remedy hereunder or privilege under any other Loan Document will shall affect any other or future exercise thereof or operate as a waiver thereof, ; nor will shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, power or remedy or privilege preclude any further exercise thereof or of any other right, power, remedy power or privilegeremedy. The rights and remedies hereunder and under the other Loan Documents of Agent and Lenders under any Loan Document Lender are cumulative and not exclusive of any rights or remedies which they could it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of any Lender with respect to of any breach or default under this Agreement or under any other Loan Document or any such waiver of any provision or condition of this Agreement or of any other Loan Document must be in writing and will shall be effective only to the extent in such writing specifically set forth in such writingforth.

Appears in 1 contract

Samples: Loan Agreement (Meridian National Corp)

No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of Agent or any Lender Bank in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document will shall affect any other or future exercise thereof or operate as a waiver thereof, nor will shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of Agent Bank under this Agreement and Lenders under any other Loan Document Documents are cumulative and not exclusive of any rights or remedies which they could would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of any Lender with respect to Bank of any breach or default under any Loan Document this Agreement or any such waiver of any provision or condition of any Loan Document this Agreement must be in writing and will shall be effective only to the extent specifically set forth in such writing.

Appears in 1 contract

Samples: Credit Agreement (Superconductor Technologies Inc)

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