Common use of Modification, Waiver in Writing Clause in Contracts

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of the Note, or of any other Loan Document, nor consent to any departure by Borrower or any other Loan Party therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower or any other Loan Party, shall entitle Borrower or such other Loan Party to any other or future notice or demand in the same, similar or other circumstances.

Appears in 2 contracts

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

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Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of the Noteany Notes, or of any other Loan Document, nor any consent to any departure by any Borrower or any other Loan Party therefrom, shall in any event be effective unless the same shall be in a writing signed by Agent on behalf of the party Lenders and by the Borrower Party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on on, any Borrower or any other Loan Party, Party shall entitle such Borrower or such other Loan Party (as applicable) to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Credit Agreement (Beacon Capital Partners Inc)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of the Note, or of any other Loan Document, nor consent to any departure by Borrower or any other Loan Party therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower or any other Loan PartyBorrower, shall entitle Borrower or such other Loan Party to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (BRE Select Hotels Corp)

Modification, Waiver in Writing. (a) No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of the Note, or of any other Loan Document, nor consent to any departure by Borrower or any other Loan Party therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower or any other Loan Party, shall entitle Borrower or such other Loan Party to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Management Agreement (ESH Hospitality LLC)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of the Note, or of any other Loan Document, nor consent to any departure by Borrower Borrower, Operating Lessee or any other Loan Party therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower Borrower, Operating Lessee or any other Loan Party, shall entitle Borrower Borrower, Operating Lessee or such other Loan Party to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (BRE Select Hotels Corp)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, Agreement or of the Note, or of any other Loan Document, nor consent to any departure therefrom by Borrower or any other Loan Party therefromparty thereto, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower or any other Loan Party, party hereto shall entitle Borrower or any such other Loan Party party to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Subordinate Loan Agreement

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Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, the Note or of the Note, or of any other Loan Document, nor consent to any departure by any Borrower or any other Loan Party therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on any Borrower or any other Loan Party, shall entitle any Borrower or such other Loan Party to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Rafael Holdings, Inc.)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of the Note, or of any other Loan Document, nor consent by Lender to any departure by any Borrower or any other Loan Party therefromfrom the Obligations, shall in any event be effective unless the same shall be in a writing signed by the party Person against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on any Borrower or any other Loan Party, Party shall entitle any Borrower or such other Loan Party to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

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

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of the Note, or USActive 30748472.10 -125- of any other Loan Document, nor consent to any departure by Borrower or any other Loan Party therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower or any other Loan Party, shall entitle Borrower or such other Loan Party to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Chatham Lodging Trust)

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