Common use of Prior Agreements Clause in Contracts

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 84 contracts

Samples: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.), Loan Agreement (Global Net Lease, Inc.)

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Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements agreements, understandings and negotiations among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 84 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (GTJ Reit, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto and their respective affiliates in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, including any confidentiality agreements or any similar agreements between or among any such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 59 contracts

Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (Vinebrook Homes Trust, Inc.), Loan Agreement (NOVONIX LTD)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 51 contracts

Samples: Loan Agreement (Lazydays Holdings, Inc.), Second Mortgage Loan Agreement, Loan Agreement (Pacific Oak Strategic Opportunity REIT II, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and/or its Affiliates and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 40 contracts

Samples: Loan Agreement (reAlpha Tech Corp.), Loan Agreement (CaliberCos Inc.), Loan Agreement (Eldorado Resorts, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan DocumentsDocuments and unless specifically set forth in a writing contemporaneous herewith the terms, conditions and provisions of any and all such prior agreements do not survive execution of this Agreement.

Appears in 36 contracts

Samples: Credit Agreement (Nicholas Financial Inc), Loan and Security Agreement (Urban Edge Properties), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Commitment Letter dated December 19, 2006 between Affiliates of Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 20 contracts

Samples: Sixth Mezzanine Loan Agreement (Harrahs Entertainment Inc), Ninth Mezzanine Loan Agreement (Harrahs Entertainment Inc), Second Mezzanine Loan Agreement (Harrahs Entertainment Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Term Sheet dated April 13, 2020 between Borrower (or an agent or representative of Borrower) and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 8 contracts

Samples: Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower Pledgor and/or its Affiliates and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 7 contracts

Samples: Mezzanine D Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine C Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine B Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents. This Agreement and the other Loan Documents may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties hereto or thereto.

Appears in 6 contracts

Samples: Loan Agreement (Excel Trust, L.P.), Loan Agreement (Excel Trust, L.P.), Loan Agreement (Brixmor Property Group Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Commitment Letter dated June 28, 2007 between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 4 contracts

Samples: Building Loan Agreement (Acadia Realty Trust), Project Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (STORE CAPITAL Corp), Loan Agreement (Manufactured Housing Properties Inc.), Loan Agreement (Mei Genpar Lp)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between any Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 4 contracts

Samples: Loan Agreement (Strategic Hotel Capital Inc), First Mezzanine Loan Agreement (Strategic Hotel Capital Inc), Second Mezzanine Loan Agreement (Strategic Hotel Capital Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Commitment Letter dated March 23, 2005 (as amended) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Mezzanine C Loan Agreement (Wyndham International Inc), Mezzanine B Loan Agreement (Wyndham International Inc), Mezzanine a Loan Agreement (Wyndham International Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Summary of Principal Terms dated August 1, 2006 (as amended) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Prior Agreements. This Agreement and the other The Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender including the Term Sheet, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.), Lease Agreement (American Realty Capital Hospitality Trust, Inc.), Lease Agreement (American Realty Capital Hospitality Trust, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender including, without limitation, are superseded with respect to the Loan by the terms of this Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Loan Agreement (Choice Hotels International Inc), Loan Agreement (Hospitality Properties Trust), Loan Agreement (Servico Market Center Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower among Borrower, and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Management Agreement (ESH Hospitality LLC), Management Agreement (ESH Hospitality LLC), Management Agreement (ESH Hospitality LLC)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Commitment Letter dated September 22, 2002 between Borrower and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Property Management Agreement (Sunstone Hotel Investors, Inc.), Property Management Agreement (Sunstone Hotel Investors, Inc.), Property Management Agreement (Sunstone Hotel Investors, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the final and entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements or understandings among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan DocumentsDocuments and unless specifically set forth in a writing contemporaneous herewith the terms, conditions and provisions of such prior agreement do not survive execution of this Agreement and this Agreement and the other Loan Documents may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties hereto or thereto.

Appears in 3 contracts

Samples: Junior Mezzanine Loan Agreement (Inland Western Retail Real Estate Trust Inc), Senior Mezzanine Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Commitment Letter dated August 9, 2007 between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Project Loan Agreement (Acadia Realty Trust), Project Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Application Letter dated August 22, 2006 (as amended) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Loan Application and Term Sheet dated January 27, 2010 (the “Loan Application”) between Borrower Guarantor and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

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

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower Debtor and Lender the Administrative Agent with respect to the subject matter hereof, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Advanced Emissions Solutions, Inc.), Term Loan and Security Agreement (Advanced Emissions Solutions, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Term Sheet dated September 21, 2016 between Borrower Guarantor and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (New York REIT, Inc.), Mezzanine Loan Agreement (New York REIT, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower among Borrower, the other Loan Parties and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Mezzanine a Loan Agreement (BRE Select Hotels Corp), Management Agreement (ESH Hospitality LLC)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the loan commitment dated October 2, 2002, and all attachments thereto including, but not limited to, the term sheet between Borrower Borrowers and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Ventas Inc), Loan Agreement (Ventas Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the application dated January 30, 2003 (as amended) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Mezzanine Loan Agreement (Prime Group Realty Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender including, without limitation, the terms set forth in any term sheet or commitment letter related to the transactions contemplated hereby, whether or not executed, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto with respect to the Loan and thereto in respect of the transactions contemplated hereby and therebyhereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan DocumentsDocuments and unless specifically set forth in a writing contemporaneous herewith the terms, conditions and provisions of any and all such prior agreements do not survive execution of this Agreement.

Appears in 2 contracts

Samples: Mezzanine Loan and Security Agreement (NRI Real Token Inc.), Loan and Security Agreement (NRI Real Token Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, that certain Loan Commitment dated June 24, 2004 (as amended) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Highland Hospitality Corp), Loan Agreement (Highland Hospitality Corp)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including the Summary of Discussion Points (as amended) between Borrower and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Loan Application and Term Sheet, dated October 2, 2012, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Loan Application and Term Sheet dated December 29, 2015 between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such partiesparties with respect to such transactions, whether oral or written, including, without limitation, the term sheet dated November 7, 2006 (as amended) between an Affiliate of Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Capitalsource Inc), Mezzanine Loan Agreement (Capitalsource Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender including, without limitation, the Term Sheet, dated October 19, 2017, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Hersha Hospitality Trust), Loan Agreement (Hersha Hospitality Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and/or its Affiliates and Lender are superseded by the terms of this Agreement and the other Loan Documents.. [NO FURTHER TEXT ON THIS PAGE] 110

Appears in 2 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Commitment Letter dated May 21, 1999 between Borrower and Lender Lender, as amended, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Host Marriott L P), Loan Agreement (Host Marriott Corp/)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Loan Application and Term Sheet dated January 27, 2010 (the “Loan Application”) between Borrower Guarantor and Mortgage Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

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

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between the Borrower and any Lender or the Agent are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Mezzanine Construction Loan Agreement (Prime Group Realty Trust), Credit Agreement (Prime Group Realty Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower Senior Lenders and Subordinate Lender on one hand and IFF on the other hand with respect to the subject matter hereof, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Out Agreement

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Application Letter dated September 7, 2006 between Borrower and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Interstate Hotels & Resorts Inc)

Prior Agreements. This (a) Subject to the provisions of Section 9.14(b), this Agreement and the other Loan Documents contain represent the entire agreement of the parties hereto with regard to the subject matter hereof and thereto in respect the terms of any letters and other documentation entered into between the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and any Lender are superseded or the Agent prior to the execution of this Agreement which relate to Loans to be made hereunder shall be replaced by the terms of this Agreement and the other Loan DocumentsAgreement.

Appears in 1 contract

Samples: Credit Agreement (Payless Cashways Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Summary of Indicative Terms and Conditions dated July 31, 2007 (as amended) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Cousins Properties Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and NT Senior Lender with respect to the subject matter hereof, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Senior Loan Agreement

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Term Sheet (the “Loan Application”) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.. 99 0107842.0726822 4821-7262-8396v10

Appears in 1 contract

Samples: Loan Agreement (RREEF Property Trust, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender relating to such subject matter are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Senior Loan Agreement (Hyatt Hotels Corp)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.. 128

Appears in 1 contract

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

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Loan Application and Term Sheet dated August 13, 2021 between Borrower (or an agent or representative of Borrower) and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Assisted 4 Living, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and/or its Affiliates and Lender Administrative Agent, Lenders, or any of Administrative Agent’s or Lenders’ Affiliates are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Reading International Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements and term sheets among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender Lender, including without limitation the Original Loan Agreement, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Procaccianti Hotel Reit, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.. 90523206v16 108

Appears in 1 contract

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

Prior Agreements. This Credit Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower among the Borrowers, ASC and Lender the Lender, in each case with respect to the subject matter hereof, are superseded by the terms of this Credit Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Americold Corp /Or/)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior or contemporaneous agreements among or between such parties, whether oral or written, between the Borrowers (or any Borrower Affiliate) and any Lender or Agent are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Shelbourne Properties Ii Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including any term sheets, discussion outlines or commitment letters (as same may be amended) between any of the Borrower Parties and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Dupont Fabros Technology, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto and their respective affiliates in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, including any confidentiality agreements or any similar agreements between or among any such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.. 106

Appears in 1 contract

Samples: Loan Agreement (Medalist Diversified REIT, Inc.)

Prior Agreements. This Agreement and Agreement, the other Loan Documents Documents, and the Fee Letter, contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements agreements, understandings and negotiations among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender including, without limitation, the Application, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Playa Hotels & Resorts N.V.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, 151 between Borrower and/or its Affiliates and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Mezzanine a Loan Agreement (Archstone Smith Operating Trust)

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Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Term Sheet, dated September 24, 2012, between Borrower Guarantor and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

Prior Agreements. This Agreement and the other Loan ---------------- Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Desert Springs Marriott Limited Partnership)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender including, without limitation, the loan application, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender among any of the parties hereto are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Front Yard Residential Corp)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Term Sheet dated July 29, 2016 between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (First Capital Real Estate Trust Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including the Application Letter dated July 13, 2005 (as amended) between Borrower Borrowers and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Reckson Operating Partnership Lp)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto and their respective affiliates in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, including any confidentiality agreements or any similar 102 agreements between or among any such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Urban Edge Properties)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower among Borrower, Operating Lessee, the other Loan Parties and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (BRE Select Hotels Corp)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Term Sheet dated August 14, 2015 between Borrower and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Hudson Pacific Properties, L.P.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements agreements, understandings and negotiations among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.. 99305209_1

Appears in 1 contract

Samples: Loan Agreement (Regional Health Properties, Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.including that

Appears in 1 contract

Samples: V4 Mezzanine Loan Agreement (Instil Bio, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the term sheet dated January 6, 2006 between Borrower and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Application Letter dated January 29, 2007 between Borrower and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Interstate Hotels & Resorts Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Application Letter dated July 12, 2006 (as amended) between Borrower and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Chesapeake Lodging Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto and their respective affiliates in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, including any confidentiality agreements or any similar agreements between or among any such parties or any of their affiliates, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and GSSIF Senior Lender with respect to the subject matter hereof, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Senior Loan Agreement

Prior Agreements. This Loan Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements or understandings among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Loan Agreement and the other Loan DocumentsDocuments and unless specifically set forth in a writing contemporaneous herewith the terms, conditions and provisions of such prior agreement do not survive execution of this Loan Agreement.

Appears in 1 contract

Samples: Loan Agreement (Inland American Real Estate Trust, Inc.)

Prior Agreements. This Agreement and the other Loan Documents ---------------- contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements agreements, understandings and negotiations among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Konover Property Trust Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower Borrower, or any other Loan Party and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (BRE Select Hotels Corp)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements agreements, understandings and negotiations among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.other

Appears in 1 contract

Samples: Loan Agreement (TNP Strategic Retail Trust, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the application letter dated August 9, 2013 (as amended) between Borrower and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents. Section 11.24.

Appears in 1 contract

Samples: Loan Agreement (Pillarstone Capital Reit)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Summary of Preliminary Terms dated January 16, 2013 between Borrower Sponsor and Lender Lender, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Consolidated Tomoka Land Co)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions 102 contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Amerco /Nv/)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including, without limitation, the Preliminary Non-Binding Mortgage Loan Term Sheet between Borrower Grove Property Trust and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

Prior Agreements. This Credit Agreement and the other ---------------- Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender the Lenders, in each case with respect to the subject matter hereof, are superseded by the terms of this Credit Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Desert Springs Marriott Limited Partnership)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender including, without limitation, the Term Sheet, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Hartman Short Term Income Properties XX, Inc.)

Prior Agreements. This Loan Agreement and the other Loan Bond Documents contain the entire agreement of the parties hereto and thereto in respect of the Loan and the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Loan Agreement and the other Loan Bond Documents.

Appears in 1 contract

Samples: Loan Agreement

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and 172 all prior agreements among or between such parties, whether oral or written, between Borrower among Borrower, the other Loan Parties and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Mezzanine B Loan Agreement (BRE Select Hotels Corp)

Prior Agreements. This Agreement and the other Loan ---------------- Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and/or its Affiliates and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Prior Agreements. This Agreement Agreement, the other Loan Documents and the other Project Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements agreements, understandings and negotiations among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and Agreement, the other Loan Documents and the Project Loan Documents.

Appears in 1 contract

Samples: Term Loan Agreement (Hersha Hospitality Trust)

Prior Agreements. This Agreement and the other Loan Documents contain represent the entire agreement of the parties hereto with regard to the subject matter of this Agreement and thereto in respect the terms of any letters and other documentation entered into among the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Revolving/LC Borrower and any Lender are superseded or the Agent prior to the execution of this Agreement which relate to loans to be made under this Agreement shall be replaced by the terms of this Agreement and the other Loan DocumentsAgreement.

Appears in 1 contract

Samples: Pledge and Security Agreement (Sand Springs Railway CO)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, including any term sheets, discussion outlines or commitment letters (as same may be amended) between Borrower Obligors and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Steadfast Income REIT, Inc.)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower each Loan Party and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Chatham Lodging Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and/or its Affiliates and Lender are superseded by the terms of this Agreement and the other Loan Documents.. 109

Appears in 1 contract

Samples: Loan Agreement (U-Store-It Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions 91 contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust II Inc)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between the Borrower and the Lender with respect to the subject matter hereof, are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (BRT Realty Trust)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written, between Borrower including, without limitation, (i) the Settlement Agreement and Lender (ii) term sheets which are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Bref Hr, LLC)

Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and therebythereby and may not be contradicted by evidence of any alleged oral agreements, and all prior agreements among or between such parties, whether oral or written, between Borrower Borrower, or any other Loan Party and Lender are superseded by the terms of this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (MGM Growth Properties Operating Partnership LP)

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