WAIVERS 164 Sample Clauses

WAIVERS 164Section 16.1. Remedies Cumulative; Waivers 164 Section 16.2. Modification, Waiver in Writing 164 Section 16.3. Delay Not a Waiver 164 Section 16.4. Waiver of Trial by Jury 164 Section 16.5. Waiver of Notice 165 Section 16.6. Remedies of Borrower 165 Section 16.7. Marshalling and Other Matters 165 Section 16.8. Waiver of Statute of Limitations 165 Section 16.9. Waiver of Counterclaim 165 Section 16.10. Sole Discretion of Lender 165 ARTICLE 17. MISCELLANEOUS 166 Section 17.1. Survival 166 Section 17.2. Governing Law 166 Section 17.3. Headings 167 Section 17.4. Severability 167 Section 17.5. Preferences 168 Section 17.6. Expenses 168 Section 17.7. Cost of Enforcement 169 Section 17.8. Schedules Incorporated 169 Section 17.9. Offsets, Counterclaims and Defenses 169 Section 17.10. No Joint Venture or Partnership; No Third Party Beneficiaries 170 Section 17.11. Publicity 171 Section 17.12. Limitation of Liability 171 Section 17.13. Conflict; Construction of Documents; Reliance 171 Section 17.14. Entire Agreement 172 Section 17.15. Liability 172 Section 17.16. Duplicate Originals; Counterparts 172 Section 17.17. Brokers 172 TABLE OF CONTENTS (continued) Page Section 17.18. Set-Off 172 Section 17.19. Contributions and Waivers 173 Section 17.20. Cross-Default; Cross-Collateralization 176 Section 17.21. Waiver of Rights, Defenses and Claims 176 Section 17.22. Borrower Affiliate Lender 176 Section 17.23. Additional Provisions 177 Section 17.24. Further Additional Mortgage Loan Provisions 181 Section 17.25. Further Additional Mezzanine A Loan Provisions 184 Section 17.26. Further Additional Mezzanine B Loan Provisions 186 MEZZANINE C LOAN AGREEMENT THIS MEZZANINE C LOAN AGREEMENT, dated as of December 3, 2014 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among CITIGROUP GLOBAL MARKETS REALTY CORP., having an address at 390 Xxxxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 (xxgether with its successors and/or assigns, “Citi”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, having an address at 383 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (xxgether with its successors and/or assigns, “JPMorgan”), BARCLAYS BANK PLC, having an address at 745 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (“Xarclays”) and COLUMN FINANCIAL, INC., having an address at 11 Mxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (“XF”; together with Citi, JPMorgan, Barclays and each of their respective successors and/or assigns, collectively, “Lender”) and...
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Related to WAIVERS 164

  • Waivers, etc No failure or delay on the part of a party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

  • Waivers; Modifications Except as set forth in a written instrument included in the related Mortgage File, the (A) material terms of the related Mortgage Note, the related Mortgage(s) and any related loan agreement and/or lock-box agreement have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded by the mortgagee in any manner, and (B) no portion of a related Mortgaged Property has been released from the lien of the related Mortgage, in the case of (A) and/or (B), to an extent or in a manner that in any such event materially interferes with the security intended to be provided by such document or instrument. Schedule I identifies each Mortgage Loan (if any) as to which, since the latest date any related due diligence materials were delivered to American Capital Strategies Ltd. (or its designee), there has been (in writing) given, made or consented to a material alteration, material modification or assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreement and/or as to which, since such date, there has been (in writing) a waiver other than as related to routine operational matters or minor covenants.

  • No Waivers, Etc No express or implied waiver of any Event of Default by either party shall constitute a waiver of any other Event of Default and no exercise of any remedy hereunder by any party shall constitute a waiver of its right to exercise any other remedy hereunder. No modification or waiver of any provision of this Agreement and no consent by any party to a departure herefrom shall be effective unless and until such shall be in writing and duly executed by both of the parties hereto. Without limitation on any of the foregoing, the failure to give a notice pursuant to Paragraph 4(a) or 4(b) hereof will not constitute a waiver of any right to do so at a later date.

  • WAIVERS, REMEDIES CUMULATIVE There is no implied waiver of rights under this agreement. No failure or delay on the part of a party in exercising any of its rights under this agreement or in insisting upon strict performance of provisions of this agreement, no partial exercise by either party of any of its rights under this agreement, and no course of dealing between the parties shall constitute a waiver of the rights of any party under this agreement, other than the requirement to raise a matter of breach within 30 days of discovery. Any waiver shall be effective only by a written instrument signed by the party granting such waiver, and such waiver shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply with this agreement. The remedies provided in this agreement are cumulative and not exclusive of any remedies provided by law.

  • No Implied Waivers; Cumulative Remedies; Writing Required No course of dealing and no delay or failure of the Agent or any Bank in exercising any right, power, remedy or privilege under this Agreement or any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power, remedy or privilege preclude any further exercise thereof or of any other right, power, remedy or privilege. The rights and remedies of the Agent and the Banks under this Agreement and any other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of any Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing.

  • Waivers and remedies cumulative The rights of each Finance Party under the Finance Documents: (a) may be exercised as often as necessary; (b) are cumulative and not exclusive of its rights under the general law; and (c) may be waived only in writing and specifically. Delay in exercising or non-exercise of any right is not a waiver of that right.

  • Reliance Waivers Etc Other than any reliance on the terms of this Agreement, the ABL Facility Collateral Agent, on behalf of itself and the other ABL Facility Secured Parties, acknowledges that it and such ABL Facility Secured Parties, as the case may be, have, independently and without reliance on the Term Loan Collateral Agent or any Term Loan Secured Parties, and based on documents and information deemed by them appropriate, made their own credit analysis and decision to enter into the ABL Facility Documents and be bound by the terms of this Agreement and they will continue to make their own credit decision in taking or not taking any action under the ABL Facility Credit Agreement or this Agreement.

  • Waivers; Remedies The observance of any term of this agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other further exercise thereof or the exercise of any other right or power.

  • JURY TRIAL WAIVER; OTHER WAIVERS AND CONSENTS; GOVERNING LAW 11.1 Governing Law; Choice of Forum; Service of Process;

  • No Waivers; Amendments (a) No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. (b) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by all the parties hereto.

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