Common use of Acquiescence Not to Constitute Waiver of Lender’s Requirements Clause in Contracts

Acquiescence Not to Constitute Waiver of Lender’s Requirements. Lender may at any time by a specific writing waive compliance by Borrower with any covenant in any Loan Document, consent to Borrower's doing any act which in any Loan Document Borrower is prohibited from doing, or to Borrower's failing to do any act which in any Loan Document Borrower is required to do, release any part of the Property or any interest therein from the lien and security interest of the Security Instrument, or release any person liable for any part of the Loan without impairing or releasing the liability of any other person. Lender may waive any Default without waiving any other prior or subsequent Default. Lender may remedy any Default without waiving the Default remedied. Neither failure by Lender to exercise, nor delay by Lender in exercising, nor discontinuance of the exercise of any right, power or remedy upon any Default shall be construed as a waiver of such Default or as a waiver of the right to exercise any such right, power or remedy (including the right to accelerate the maturity of the Loan or any part thereof) at a later date. No single or partial exercise by Lender of any right, power or remedy under any Loan Document shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy under any Loan Document may be exercised at any time and from time to time. No modification or waiver of any provision of any Loan Document nor consent to any departure by Borrower therefrom shall in any event be effective unless in writing signed by Lender and then such waiver or consent shall be effective only in the specific instance, for the purpose for which given and to the extent therein specified. No notice to nor demand on Borrower or Indemnitor in any case shall of itself entitle Borrower or to any other or further notice or demand in similar or other circumstances.

Appears in 3 contracts

Samples: Loan Agreement (Whitestone REIT Operating Partnership, L.P.), Loan Agreement (Pillarstone Capital Reit), Loan Agreement (Whitestone REIT)

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Acquiescence Not to Constitute Waiver of Lender’s Requirements. Lender may at any time by a specific writing waive compliance by Borrower with any covenant in any Loan Document, consent to Borrower's ’s doing any act which in any Loan Document Borrower is prohibited from doing, or to Borrower's ’s failing to do any act which in any Loan Document Borrower is required to do, release any part of the Property Project or any interest therein from the lien and security interest of the Security Instrument, or release any person liable for any part of the Loan without impairing or releasing the liability of any other person. Lender may waive any Default without waiving any other prior or subsequent Default. Lender may remedy any Default without waiving the Default remedied. Neither failure by Lender to exercise, nor delay by Lender in exercising, nor discontinuance of the exercise of any right, power or remedy upon any Default shall be construed as a waiver of such Default or as a waiver of the right to exercise any such right, power or remedy (including the right to accelerate the maturity of the Loan or any part thereof) at a later date. No single or partial exercise by Lender of any right, power or remedy under any Loan Document shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy under any Loan Document may be exercised at any time and from time to time. No modification or waiver of any provision of any Loan Document nor consent to any departure by Borrower therefrom shall in any event be effective unless in writing signed by Lender and then such waiver or consent shall be effective only in the specific instance, for the purpose for which given and to the extent therein specified. No notice to nor demand on Borrower or Indemnitor any Guarantor in any case shall of itself entitle Borrower or any Guarantor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Assumption Agreement (Inland Diversified Real Estate Trust, Inc.)

Acquiescence Not to Constitute Waiver of Lender’s Requirements. Lender may at any time by a specific writing waive compliance by Borrower with any covenant in any Loan Document, consent to Borrower's ’s doing any act which in any Loan Document Borrower is prohibited from doing, or to Borrower's ’s failing to do any act which in any Loan Document Borrower is required to do, release any part of the Property Project or any interest therein from the lien and security interest of the Security Instrument, or release any person liable for any part of the Loan without impairing or releasing the liability of any other person. Lender may waive any Default without waiving any other prior or subsequent Default. Lender may remedy any Default without waiving the Default remedied. Neither failure by Lender to exercise, nor delay by Lender in exercising, nor discontinuance of the exercise of any right, power or remedy upon any Default shall be construed as a waiver of such Default or as a waiver of the right to exercise any such right, power or remedy (including the right to accelerate the maturity of the Loan or any part thereof) at a later date. No single or partial exercise by Lender of any right, power or remedy under any Loan Document shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy under any Loan Document may be exercised at any time and from time to time. No modification or waiver of any provision of any Loan Document nor consent to any departure by Borrower therefrom shall in any event be effective unless in writing signed by Lender and then such waiver or consent shall be effective only in the specific instance, for the purpose for which given and to the extent therein specified. No notice to nor demand on Borrower or Indemnitor in any case shall of itself entitle Borrower or to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Netreit)

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Acquiescence Not to Constitute Waiver of Lender’s Requirements. Lender may at any time by a specific writing waive compliance by Borrower with any covenant in any Loan Document, consent to Borrower's ’s doing any act which in any Loan Document Borrower is prohibited from doing, or to Borrower's ’s failing to do any act which in any Loan Document Borrower is required to do, release any part of the Property Project or any interest therein from the lien and security interest of the Security Instrument, or release any person liable for any part of the Loan without impairing or releasing the liability of any other person. Lender may waive any Default without waiving any other prior or subsequent Default. Lender may remedy any Default without waiving the Default remedied. Neither failure by Lender to exercise, nor delay by Lender in exercising, nor discontinuance of the exercise of any right, power or remedy upon any Default shall be construed as a waiver of such Default or as a waiver of the right to exercise any such right, power or remedy (including the right to accelerate the maturity of the Loan or any part thereof) at a later date. No single or partial exercise by Lender of any right, power or remedy under any Loan Document shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy under any Loan Document may be exercised at any time and from time to time. No modification or waiver of any provision of any Loan Document nor consent to any departure by Borrower therefrom shall in any event be effective unless in writing signed by Lender and then such waiver or consent shall be effective only in the specific instance, for the purpose for which given and to the extent therein specified. No notice to nor demand on Borrower or Indemnitor in any case shall of itself entitle Borrower or Indemnitor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Wells Core Office Income Reit Inc)

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