Common use of Waiver of Remedies Clause in Contracts

Waiver of Remedies. No delay or failure on the part of the Agent or the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 53 contracts

Samples: Credit Agreement (Epr Properties), Credit Agreement (Epr Properties), Credit Agreement (Epr Properties)

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Waiver of Remedies. No delay or failure on the part of the Agent or the Lenders any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 36 contracts

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender or the Lenders Swingline Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender or the Lenders Swingline Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 22 contracts

Samples: Credit Agreement (Corporate Office Properties Trust), Credit Agreement (Kite Realty Group Trust), Credit Agreement (Kite Realty Group Trust)

Waiver of Remedies. No delay or failure on the part of the Agent or the Lenders in the exercise of any right or remedy it may have against any the Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 7 contracts

Samples: Credit Agreement (Education Realty Operating Partnership L P), Credit Agreement (Education Realty Operating Partnership L P), Credit Agreement (Education Realty Operating Partnership L P)

Waiver of Remedies. No delay or failure on the part of the Administrative Agent or any of the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any of the Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 7 contracts

Samples: Credit Agreement (CubeSmart, L.P.), Term Loan Agreement (Parkway Properties Inc), Credit Agreement (CubeSmart, L.P.)

Waiver of Remedies. No delay or failure on the part of the Agent or the Lenders any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 6 contracts

Samples: Springing Guaranty (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.)

Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender or the Lenders Swingline Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender or the Lenders Swingline Lender of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 5 contracts

Samples: Credit Agreement (Regency Centers Lp), Assignment and Acceptance Agreement (Regency Realty Corp), Credit Agreement (Physicians Specialty Corp)

Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender, the Issuing Lender or the Lenders Swingline Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender, the Issuing Lender or the Lenders Swingline Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 5 contracts

Samples: Credit Agreement (Kite Realty Group, L.P.), Credit Agreement (Kite Realty Group Trust), Credit Agreement (Kite Realty Group Trust)

Waiver of Remedies. No delay or failure on the part of the Agent or the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 4 contracts

Samples: Subsidiary Guaranty (Bluerock Residential Growth REIT, Inc.), Guaranty (Bluerock Residential Growth REIT, Inc.), Credit Agreement (Archstone Smith Operating Trust)

Waiver of Remedies. No delay or failure on the part of the Agent or the Lenders any Noteholder in the exercise of any right or remedy it may have against any the Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders any Noteholder of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 4 contracts

Samples: Springing Guaranty (Kite Realty Group, L.P.), Springing Parent Guaranty (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.)

Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender, the Issuing Lender or the Lenders Swingline Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender, the Issuing Lender or the Lenders Swingline Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 4 contracts

Samples: Credit Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.), Credit Agreement (Kite Realty Group Trust)

Waiver of Remedies. No delay or failure on the part of the Agent or the Lenders any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders any Lender of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 3 contracts

Samples: Credit Agreement (Regency Centers Lp), Guaranty (Pennsylvania Real Estate Investment Trust), Guaranty (Pennsylvania Real Estate Investment Trust)

Waiver of Remedies. No delay or failure on the part of the Agent or Agent, the Lenders and the Lender Hedge Provider in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or Agent, the Lenders or any Lender Hedge Provider of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 3 contracts

Samples: Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.)

Waiver of Remedies. No delay or failure on the part of the Administrative Agent or the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or the Lenders of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 3 contracts

Samples: Guaranty Agreement, Guaranty Agreement (Griffin Capital Net Lease REIT, Inc.), Guaranty Agreement (Griffin Capital Net Lease REIT, Inc.)

Waiver of Remedies. No delay or failure on the part of the Agent Lender or the Lenders Issuing Bank in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Lender or the Lenders Issuing Bank of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Amreit), Revolving Credit Agreement (Amreit), Revolving Credit Agreement (Amreit)

Waiver of Remedies. No delay or failure on the part of the Agent Administrative Agent, the Issuing Bank, or the Lenders any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Administrative Agent, the Issuing Bank, or the Lenders any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 3 contracts

Samples: Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust)

Waiver of Remedies. No delay or failure on the part of the Administrative Agent or the Lenders any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or the Lenders any Lender of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 2 contracts

Samples: Control Investor Guaranty (Allied Capital Corp), Guaranty (Allied Capital Corp)

Waiver of Remedies. No delay or failure on the part of the Agent Agent, the Issuing Bank, or the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 2 contracts

Samples: Guaranty (Strategic Storage Trust IV, Inc.), Guaranty (Strategic Storage Trust II, Inc.)

Waiver of Remedies. No delay or failure on the part of the Agent Agent, the Issuing Bank or the Lenders any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, the Issuing Bank or the Lenders any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 2 contracts

Samples: Credit Agreement (Morgans Hotel Group Co.), Guaranty (Morgans Hotel Group Co.)

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Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender or the Lenders Issuing Bank in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender or the Lenders Issuing Bank of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 2 contracts

Samples: Credit Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.)

Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender or the Lenders any Lender Hedge Provider in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender or the Lenders any Lender Hedge Provider of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 2 contracts

Samples: Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.)

Waiver of Remedies. No delay or failure on the part of the ------------------ Administrative Agent or the Lenders any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or the Lenders any Lender of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 1 contract

Samples: Credit Agreement (CNL American Properties Fund Inc)

Waiver of Remedies. No delay or failure on the part of ------------------ the Agent or the Lenders in the exercise of any right or remedy it may have against any the Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 1 contract

Samples: Guaranty (Security Capital Group Inc/)

Waiver of Remedies. No delay or failure on the part of the Agent Agents or the Lenders any Lender in the exercise of any right or remedy it may have against any the Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agents or the Lenders any Lender of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Corp)

Waiver of Remedies. No delay or failure on the part of the Agent or and the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 1 contract

Samples: Term Loan Agreement (Kite Realty Group, L.P.)

Waiver of Remedies. No delay or failure on the part of the Administrative Agent or the Lenders any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or the Lenders any Lender of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 1 contract

Samples: Guaranty (Allied Capital Corp)

Waiver of Remedies. No delay or failure on the part of the Agent or the Lenders any Noteholder in the exercise of any right or remedy it may have against any Subsidiary Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders any Noteholder of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 1 contract

Samples: Note Purchase Agreement (Kite Realty Group, L.P.)

Waiver of Remedies. No delay or failure on the part of the Agent or any of the Lenders other Secured Parties in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any of the Lenders other Secured Parties of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 1 contract

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

Waiver of Remedies. No delay or failure on the part of the ------------------ Agent or the Lenders in the exercise of any right or remedy it may have against any Guarantor the Parent hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 1 contract

Samples: Parent Agreement (Archstone Smith Trust)

Waiver of Remedies. No delay or failure on the part of the ------------------ Agent or the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or the Lenders of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 1 contract

Samples: Credit Agreement (Archstone Communities Trust/)

Waiver of Remedies. No delay or failure on the part of the Agent Agent, the Swingline Lender or the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, the Swingline Lender or the Lenders of any such right or remedy shall preclude other or further exercise thereof or the exercise of any other such right or remedy.

Appears in 1 contract

Samples: Credit Agreement (Security Capital Group Inc/)

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