Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent or Collateral Agent in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement or any other Loan Document, Administrative Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 5 contracts
Samples: Loan Agreement (Vici Properties Inc.), Mezzanine B Loan Agreement (Vici Properties Inc.), Mezzanine C Loan Agreement (Vici Properties Inc.)
Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent or Collateral Agent in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder hereunder, or under the Note or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement Agreement, the Note or any other Loan Document, Administrative Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement Agreement, the Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 5 contracts
Samples: Loan Agreement (Excel Trust, L.P.), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent or Collateral Agent in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder hereunder, or under the Notes or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement Agreement, the Notes or any other Loan Document, Administrative Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement Agreement, the Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 2 contracts
Samples: Mezzanine Loan and Security Agreement (NRI Real Token Inc.), Loan and Security Agreement (Morgans Hotel Group Co.)
Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent or Collateral the Agent in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder hereunder, or under the Note or under any other Loan Document, or under any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement Agreement, the Note or any other Loan Document, Administrative the Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement Agreement, the Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.
Appears in 1 contract
Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent or Collateral Agent in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder hereunder, or under the Notes or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement Agreement, the Notes or any other Loan Document, Administrative Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement Agreement, the Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.. 162
Appears in 1 contract
