No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the Collateral, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral or the liability of Borrower to pay the Loan. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 15 contracts
Samples: Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Morgans Hotel Group Co.)
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralProperty, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Property or the liability of Borrower to pay the LoanDebt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 11 contracts
Samples: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Ashford Hospitality Trust Inc), Open End Mortgage, Security Agreement, Financing Statement and Assignment of Rents (Ashford Hospitality Prime, Inc.), Agreement of Consolidation and Modification of Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Morgans Hotel Group Co.)
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralProperty, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Property or the liability of Borrower to pay the LoanDebt. No waiver by Lender Xxxxxx shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 3 contracts
Samples: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Parkway Properties Inc), Loan Agreement (U Haul International Inc), Borrowing Agreement (U Haul International Inc)
No Waiver or Release. The failure of Lender or Trustee to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralProperty, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Property or the liability of Borrower to pay the LoanDebt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 3 contracts
Samples: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Pebblebrook Hotel Trust), Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Pebblebrook Hotel Trust), Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Grubb & Ellis Co)
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralProjects, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Projects or the liability of Borrower to pay the LoanDebt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 3 contracts
Samples: Loan Agreement (Mack Cali Realty Corp), Loan Agreement (Mack Cali Realty Corp), Loan Agreement (Mack Cali Realty L P)
No Waiver or Release. The failure of Lender or Trustee to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after upon the occurrence and during the continuance of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralProperty, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Property or the liability of Borrower to pay the LoanDebt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 2 contracts
Samples: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Morgans Hotel Group Co.), Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Morgans Hotel Group Co.)
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower Mortgagor is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralProperty, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower Mortgagor or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Property or the liability of Borrower Mortgagor to pay the LoanDebt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Mortgage and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)
No Waiver or Release. The failure of Lender Beneficiary to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender Beneficiary of any payment after the occurrence of an Event of Default and no payment by Lender Beneficiary of any payment or obligation for which Borrower Grantor is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralTrust Property, no forbearance on the part of LenderBeneficiary, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender Beneficiary to Borrower Grantor or any other Person, shall operate to release or in any manner affect the interest of Lender Beneficiary in the Collateral Trust Property or the liability of Borrower Grantor to pay the LoanDebt. No waiver by Lender Beneficiary shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Host Funding Inc)
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the Collateral, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral or the liability of Borrower to pay the LoanIndebtedness. No waiver by Lender Lxxxxx shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 1 contract
No Waiver or Release. The failure of Lender or Trustee to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralProperty, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Property or the liability of Borrower to pay the LoanDebt. No waiver by Lender Xxxxxx shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Maguire Properties Inc)
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of while an Event of Default exists and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any such Event of Default. No sale of all or any portion of the CollateralProperty, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Property or the liability of Borrower to pay the LoanDebt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 1 contract
Samples: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Behringer Harvard Reit I Inc)
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower Grantor is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralProperty, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower Grantor or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Property or the liability of Borrower Grantor to pay the LoanDebt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 1 contract
Samples: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (RLJ Lodging Trust)
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after upon the occurrence and during the continuance of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralProperty, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Property or the liability of Borrower to pay the LoanDebt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 1 contract
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the Collateral, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral or the liability of Borrower to pay the Loan. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 1 contract
Samples: Loan Agreement (Carter Validus Mission Critical REIT, Inc.)
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the Collateral, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral or the liability of Borrower to pay the Loan, except for payment in full of the debt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 1 contract
Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.)
No Waiver or Release. The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of Of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the CollateralProperty, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan Debt or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral Property or the liability of Borrower to pay the LoanDebt. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.
Appears in 1 contract
