Common use of Rights Cumulative; No Waiver Clause in Contracts

Rights Cumulative; No Waiver. All Lender’s rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 13 contracts

Samples: Loan Agreement, Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

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Rights Cumulative; No Waiver. All Lender’s 's rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s 's exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 6 contracts

Samples: Construction Loan Agreement (Equity Office Properties Trust), Bridge Loan Agreement (Alliance Imaging Inc /De/), Construction Loan Agreement (Equity Office Properties Trust)

Rights Cumulative; No Waiver. All Lender’s rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s exercise of any right or remedy shall not constitute a cure of any Event of Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other DefaultsEvents of Default. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Event of Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Event of Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 4 contracts

Samples: Loan Agreement (IMH Financial Corp), Loan Agreement (IMH Financial Corp), Loan Agreement (IMH Financial Corp)

Rights Cumulative; No Waiver. All Lender’s rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any timetime prior to the cure thereof by Borrower. Lender’s exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 2 contracts

Samples: Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Rights Cumulative; No Waiver. All Lender’s 's rights and remedies ---------------------------- provided in this Agreement and the other Loan Documents, together with those granted by law or at equityotherwise, are cumulative and may be exercised by Lender at any time. Lender’s 's exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 2 contracts

Samples: Construction Loan Agreement (New England Life Pension Properties Ii), Construction Loan Agreement (New England Life Pension Properties)

Rights Cumulative; No Waiver. All Lender’s 's rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are intended to be cumulative and may may, to the full extent permitted by law, be exercised by Lender at any time. Lender’s 's exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Loan Agreement (Communications & Power Industries Inc)

Rights Cumulative; No Waiver. All Lender’s rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any timetime prior to the cure thereof by Borrower. Lender’s exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.. Loan No. 1003559

Appears in 1 contract

Samples: Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Rights Cumulative; No Waiver. All of Lender’s rights and remedies provided in this Agreement and Agreement, in any of the other Loan Documents, together with those granted by law at law, in equity or at equityotherwise, are cumulative and may be exercised by Lender at any time. Lender’s exercise of any right or remedy shall not constitute a cure of any Event of Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other DefaultsEvents of Default. No waiver shall be implied from any Lender’s failure of Lender to take, or any delay by Lender in taking, any action concerning any Default or failure Event of condition under the Loan DocumentsDefault, or from any previous waiver of any similar or unrelated Default or failure Event of conditionDefault. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Construction Loan Agreement (Neurocrine Biosciences Inc)

Rights Cumulative; No Waiver. All Lender’s 's rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equityotherwise, are cumulative and may be exercised by Lender at any time. Lender’s 's exercise of any right or remedy shall not constitute a cure of any Event of Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other DefaultsEvents of Default. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, taking action concerning any Event of Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure Event of conditionDefault. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Webex Inc)

Rights Cumulative; No Waiver. All of the Lender’s rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law Law or at equity, are cumulative and may be exercised by the Lender at any time. The Lender’s exercise of any right or remedy shall not constitute a cure of any Event of Default unless all sums then due and payable to the Lender under the Loan Documents are repaid and Parent and/or such Co-Borrower has cured all other DefaultsEvents of Default. No waiver shall be implied from any failure of the Lender to take, or any delay by the Lender in taking, action concerning any Event of Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Event of Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Depository Agreement (Fuelcell Energy Inc)

Rights Cumulative; No Waiver. All Lender’s rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.. 02941-0345/LEGAL18900961.3

Appears in 1 contract

Samples: Loan Agreement (Industrial Income Trust Inc.)

Rights Cumulative; No Waiver. All Lender’s 's rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equityotherwise, are cumulative and may be exercised by Lender at any time. Lender’s 's exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Construction Loan Agreement (Fair Isaac & Company Inc)

Rights Cumulative; No Waiver. All Lender’s rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s exercise of any right or remedy shall not constitute a cure of any Default unless all ail sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Loan Agreement (William Lyon Homes)

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Rights Cumulative; No Waiver. All of Lender’s rights and remedies provided in this Agreement Agreement, the Other Related Documents and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Term Loan Agreement (Invesco Real Estate Income Trust Inc.)

Rights Cumulative; No Waiver. All of Lender’s 's rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s 's exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has Borrowers have cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Loan Agreement (Prudential Bache Equitec Real Estate Partnership)

Rights Cumulative; No Waiver. All Lender’s rights and remedies provided in this Agreement and the other Loan DocumentsNote, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under this Agreement or the Loan Documents Note are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under this Agreement or the Loan DocumentsNote , or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of this Agreement or the Loan Documents Note must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

Rights Cumulative; No Waiver. All of Lender’s rights and remedies provided in this Agreement and Agreement, the other Loan Documents and the Other Related Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has Borrowers have cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Construction Loan Agreement (DC Industrial Liquidating Trust)

Rights Cumulative; No Waiver. All Lender’s 's rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s 's exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has Borrowers have cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Loan Agreement (Hudson Pacific Properties, Inc.)

Rights Cumulative; No Waiver. All Lender’s 's rights and remedies ----------------------------- provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s 's exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Bridge Loan Agreement (General Electric Co)

Rights Cumulative; No Waiver. All Lender’s rights and remedies of Lender provided in this Agreement and the other Loan Documents, together with those granted by law Law or at equity, are cumulative and may be exercised by Lender such Person at any time. Lender’s An exercise of any right or remedy by Lender shall not constitute a cure of any Default unless all sums then due and payable to all of Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Loan Agreement (Bloomin' Brands, Inc.)

Rights Cumulative; No Waiver. All of Lender’s 's rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by Lender at any time. Lender’s 's exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to Lender under the Loan Documents are repaid and Borrower has cured all other Defaults. No waiver shall be implied from any failure of Lender to take, or any delay by Lender in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Stratus Properties Inc)

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