Common use of Conditions Precedent for the Benefit of Lender Clause in Contracts

Conditions Precedent for the Benefit of Lender. All conditions precedent to the obligation of Lender to make any Advance are imposed hereby solely for the benefit of Lender, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lender will refuse to make any Advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived by Lender, in whole or in part, at any time. Any requirement herein of submission of evidence of the existence or nonexistence of a fact means that the fact shall exist or not exist, as the case may be, and without waiving any condition or any obligation of Borrower, Lender may at all times independently establish to its satisfaction such existence or nonexistence.

Appears in 3 contracts

Samples: Construction Loan Agreement (Micropac Industries Inc), Loan Agreement (Behringer Harvard Reit I Inc), Construction Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

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Conditions Precedent for the Benefit of Lender. All conditions precedent to the obligation of Lender to make any the Advance are imposed hereby solely for the benefit of Lender, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lender will refuse to make any the Advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived by Lenderwaived, in whole or in part, at any timein a specific written waiver intended for that purpose and signed by Lender. Any requirement herein of submission of evidence of the existence or nonexistence of a fact means that the fact shall exist or not exist, as the case may be, and without waiving any condition or any obligation of Borrower, Lender may at all times independently establish to its satisfaction such existence or nonexistence.

Appears in 1 contract

Samples: Term Loan Agreement (Candlewood Hotel Co Inc)

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