Telephonic Notice. Without any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice in the absence of manifest error.
Appears in 12 contracts
Samples: Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Cedar Realty Trust, Inc.)
Telephonic Notice. Without in any way limiting the Borrower’s obligation of Borrower to confirm in writing any telephonic noticenotice permitted to be given hereunder, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from the an Authorized Officer of Borrower prior entitled to receipt give telephonic notices under this Agreement on behalf of written confirmationBorrower. In each case the Borrower hereby waives the right to dispute the such case, Administrative Agent’s record of the terms of such telephonic Loan Notice in notice shall be conclusive absent manifest error and Borrower hereby waives the absence of manifest errorright to dispute such record.
Appears in 9 contracts
Samples: Credit Agreement (Cole Credit Property Trust II Inc), Credit Agreement (Spirit Realty Capital, Inc.), Credit Agreement (Spirit Realty Capital, Inc.)
Telephonic Notice. Without any way limiting the Borrower’s 's obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of such telephonic Loan Notice of Rate Selection in the absence of manifest error.
Appears in 3 contracts
Samples: Senior Loan Agreement (NNN 2002 Value Fund LLC), Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Kramont Realty Trust)
Telephonic Notice. Without in any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice notice, concerning interest rate selection only, believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice of Rate Selection in the absence of manifest error.
Appears in 3 contracts
Samples: Term Loan Agreement (Hines Real Estate Investment Trust Inc), Credit Agreement (Hines Real Estate Investment Trust Inc), Term Loan Agreement (Hines Real Estate Investment Trust Inc)
Telephonic Notice. Without any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice of Rate Selection in the absence of manifest error.
Appears in 3 contracts
Samples: Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc)
Telephonic Notice. Without in any way limiting the Borrower’s obligation of the Borrower to confirm in writing any telephonic noticenotice it may give hereunder by telephone, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from a Responsible Officer of the Borrower prior to receipt (or a designee of written confirmationsuch Responsible Officer). In each such case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of any such telephonic Loan Notice in the absence of manifest errornotice.
Appears in 2 contracts
Samples: Credit Agreement (E&s Holdings Corp), Liquidity Facility (Evenflo & Spalding Holdings Corp)
Telephonic Notice. Without in any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice of Rate Selection in the absence of manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Inland Real Estate Corp), Credit Agreement (Inland Real Estate Corp)
Telephonic Notice. Without in any way limiting the Borrower’s obligation of Borrower to confirm in writing any telephonic noticenotice permitted to be given hereunder, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from the an Authorized Officer of Borrower prior entitled to receipt give telephonic notices under this Agreement on behalf of written confirmationBorrower. In each case such case, Administrative Agent's record of the terms of such telephonic notice shall be conclusive absent manifest error and Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice in the absence of manifest errorrecord.
Appears in 2 contracts
Samples: Senior Unsecured Credit Agreement (Strategic Hotels & Resorts, Inc), Credit Agreement (Strategic Hotel Capital Inc)
Telephonic Notice. Without any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice Conversion Request in the absence of manifest error.
Appears in 2 contracts
Samples: Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)
Telephonic Notice. Without in any way limiting the Borrower’s obligation of Borrower to confirm in writing any telephonic noticenotice it may give hereunder by telephone, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from the a Responsible Officer of Borrower prior to receipt (or a designee of written confirmationsuch Responsible Officer). In each such case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of any such telephonic Loan Notice in the absence of manifest errornotice.
Appears in 1 contract
Telephonic Notice. Without any way limiting the Borrower’s 's obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of such telephonic Revolving Loan Notice in the absence of manifest error.
Appears in 1 contract
Samples: Revolving Credit Agreement (Mid America Apartment Communities Inc)
Telephonic Notice. Without in any way limiting the Borrower’s obligation of any Borrower to confirm in writing any telephonic noticenotice permitted to be given hereunder, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from an Authorized Officer of the Borrower prior Company entitled to receipt give telephonic notices under this Agreement on behalf of written confirmationsuch Borrower. In each case the Borrower hereby waives the right to dispute such case, the Administrative Agent’s 's record of the terms of such telephonic Loan Notice in the absence of notice shall be conclusive absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Stoneridge Inc)