Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other Loan Document or affect or impair any rights, powers, or remedies of Lender, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 9 contracts
Samples: Third Modification Agreement (Preferred Apartment Communities Inc), Second Modification Agreement (Preferred Apartment Communities Inc), Modification Agreement (Preferred Apartment Communities Inc)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other Loan Document or affect or impair any rights, powers, or remedies of LenderAdministrative Agent or Lenders, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 7 contracts
Samples: Fourth Modification Agreement (Maui Land & Pineapple Co Inc), Third Modification Agreement (Maui Land & Pineapple Co Inc), Second Modification Agreement and Waiver Secured Loan (Maui Land & Pineapple Co Inc)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in any of the Note or other Loan Document Documents or affect or impair any rights, powers, or remedies of LenderAdministrative Agent, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 6 contracts
Samples: Revolving Loan Agreement (RREEF Property Trust, Inc.), Revolving Loan Agreement (RREEF Property Trust, Inc.), Revolving Loan Agreement (RREEF Property Trust, Inc.)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, condition or covenant contained in the Line of Credit Note, the Equipment Term Commitment Note or other Loan Document Documents, or affect or impair any rights, powers, or remedies of Lenderthereunder, it being the intent of the parties hereto that the provisions of the Line of Credit Note, Equipment Term Commitment Note and the other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 4 contracts
Samples: Credit Agreement (Maxwell Technologies Inc), Forbearance Agreement (Maxwell Technologies Inc), Credit Agreement (Maxwell Technologies Inc)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or any other Loan Document or affect or impair any rights, powers, or remedies of LenderAgent or Lenders, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 4 contracts
Samples: Seventh Modification Agreement, Seventh Modification Agreement (Ps Business Parks Inc/Ca), Sixth Modification Agreement (Ps Business Parks Inc/Ca)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in any of the Note or other Loan Document Documents or affect or impair any rights, powers, or remedies of Lender, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 4 contracts
Samples: Modification and Additional Advance Agreement (Hudson Pacific Properties, Inc.), Fifth Modification Agreement (Maui Land & Pineapple Co Inc), Second Modification Agreement (Inland Real Estate Corp)
Non-Impairment. Except as expressly provided herein, nothing in this Modification Agreement shall alter or affect any provision, condition, condition or covenant contained in the Note Loan Agreement or other Loan Document Documents or affect or impair any rights, powers, powers or remedies of Lenderthereunder, it being the intent of and the parties hereto intend that the provisions of the Note Loan Agreement and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 3 contracts
Samples: Second Modification Agreement, Second Modification Agreement (Cornerstone Core Properties REIT, Inc.), Assumption and Modification Agreement (Cornerstone Core Properties REIT, Inc.)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other any Loan Document or affect or impair any rights, powers, or remedies of Lender, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 3 contracts
Samples: Modification Agreement (KBS Real Estate Investment Trust, Inc.), Second Modification Agreement (KBS Real Estate Investment Trust II, Inc.), Agreement (KBS Real Estate Investment Trust II, Inc.)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other Loan Document Documents or affect or impair any rights, powers, or remedies of Lenderthereunder, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 2 contracts
Samples: Fifth Modification Agreement Unsecured Loan (Oasis Residential Inc), Fourth Modification Agreement (Oasis Residential Inc)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, condition or covenant contained in the Note or other Loan Document Transaction Documents, or affect or impair any rights, powers, or remedies of Lenderthereunder, it being the intent of the parties hereto that the provisions of the Amended Note and the other Loan Documents Transaction Documents, as they may be modified herein, shall continue in full force and effect except as expressly modified hereby.
Appears in 2 contracts
Samples: Forbearance Agreement (Precision Therapeutics Inc.), Forbearance Agreement (Precision Therapeutics Inc.)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other Loan Document or affect or impair any rights, powers, or remedies of LenderAdministrative Agent, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 2 contracts
Samples: Consent and General Release (Sunrise Senior Living Inc), Modification Agreement (Sunrise Senior Living Inc)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, condition or covenant contained in the Note or other Loan Document Documents, or affect or impair any rights, powers, or remedies of Lenderhereunder or thereunder, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 1 contract
Samples: Modification Agreement (CareView Communications Inc)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in any of the Note or other Loan Document Documents or affect or impair any rights, powers, or remedies of LenderAdministrative Agent or Lenders, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.. Neither this Agreement nor anything contained herein shall be construed as a substitution or novation of Xxxxxxxx’s indebtedness under the terms of the Loan Documents.
Appears in 1 contract
Samples: Benchmark Replacement Modification Agreement (Ryman Hospitality Properties, Inc.)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or any other Loan Document or affect or impair any rights, powers, or remedies of Lender, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 1 contract
Samples: Leases and Security Agreement (Manufactured Home Communities Inc)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, condition or covenant contained in the Note Notes or in any other Loan Document Documents or affect or and impair any rights, powers, powers or remedies of Lender, it being the intent of the parties hereto that the provisions of the Note Notes and the other Loan Documents shall continue in full force and effect except as expressly modified hereby. The breach of any representation or warranty hereunder shall constitute a "DEFAULT" under the Loan Documents.
Appears in 1 contract
Samples: Default Forbearance Agreement (Safeguard Health Enterprises Inc)
Non-Impairment. Except as expressly provided herein, nothing in this Modification Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other Loan Document Documents or affect or impair any rights, powers, or remedies of Lenderthereunder, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 1 contract
Samples: First Modification Agreement (Oasis Residential Inc)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other Loan Document or affect or impair any rights, powers, or remedies of Lenderthe Lender Parties, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 1 contract
Samples: Third Modification Agreement Unsecured Loan (Ps Business Parks Inc/Ca)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other Loan Document Documents or affect or impair any rights, powers, or remedies of Lender, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 1 contract
Samples: Second Loan Modification Agreement (Modiv Divisibles, LLC)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other Loan Document Agreement or affect or impair any rights, powers, or remedies of LenderBank, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents Agreement shall continue in full force and effect except as expressly modified hereby.
Appears in 1 contract
Samples: Loan Agreement Amendment and Consent (Energy Resources 12, L.P.)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other Loan Document or affect or impair any rights, powers, or remedies of Lender, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 1 contract
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, condition or covenant contained in the Note any Deed of Trust or other Loan Document Document, or affect or impair any rights, powers, or remedies of Lenderthereunder, it being the intent of the parties hereto that the provisions of the Note Deed of Trust and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 1 contract
Samples: Second Modification Agreement (KBS Real Estate Investment Trust II, Inc.)
Non-Impairment. Except as expressly provided herein, nothing in this Agreement shall alter or affect any provision, condition, or covenant contained in the Note or other Loan Document Documents or affect or impair any rights, powers, or remedies of LenderBank, it being the intent of the parties hereto that the provisions of the Note and other Loan Documents shall continue in full force and effect except as expressly modified hereby.
Appears in 1 contract
