Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 86 contracts
Sources: Mezzanine Loan Agreement (Belpointe PREP, LLC), Loan Agreement (Belpointe PREP, LLC), Loan Agreement (Lodging Fund REIT III, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 85 contracts
Sources: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.), Loan Agreement (Global Net Lease, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto and their respective affiliates in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, including any confidentiality agreements or any similar agreements between or among any such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 62 contracts
Sources: Loan Agreement (Alexanders Inc), Loan Agreement (NOVONIX LTD), Loan Agreement (Vinebrook Homes Trust, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 55 contracts
Sources: Loan Agreement (Lazydays Holdings, Inc.), Senior Loan Agreement (Pacific Oak Strategic Opportunity REIT, Inc.), Second Mortgage Loan Agreement
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and/or its Affiliates and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 47 contracts
Sources: Multifamily Loan and Security Agreement (Clipper Realty Inc.), Mezzanine Loan and Security Agreement (Clipper Realty Inc.), Loan Agreement (SITE Centers Corp.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan DocumentsDocuments and unless specifically set forth in a writing contemporaneous herewith the terms, conditions and provisions of any and all such prior agreements do not survive execution of this Agreement.
Appears in 38 contracts
Sources: Loan and Security Agreement (Vinebrook Homes Trust, Inc.), Credit Agreement (Nicholas Financial Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Commitment Letter dated December 19, 2006 between Affiliates of Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 20 contracts
Sources: First Mezzanine Loan Agreement (Harrahs Entertainment Inc), Mezzanine Loan Agreement (Harrahs Entertainment Inc), Mezzanine Loan Agreement (Harrahs Entertainment Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, written are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 13 contracts
Sources: Loan Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Loan Agreement (Chesapeake Lodging Trust), Loan Agreement (AmREIT, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Term Sheet dated April 13, 2020 between Borrower (or an agent or representative of Borrower) and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 8 contracts
Sources: Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Pledgor and/or its Affiliates and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 7 contracts
Sources: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents. This Agreement and the other Loan Documents may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties hereto or thereto.
Appears in 6 contracts
Sources: Loan Agreement (Excel Trust, L.P.), Loan Agreement (Excel Trust, L.P.), Loan Agreement (Brixmor Property Group Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and supersedes all prior Loan Agreements and other agreements, understandings and negotiations among written or between such partiesoral, whether oral or written, are superseded by pertaining to the terms of this Agreement and the other Loan Documentssubject matter herein.
Appears in 5 contracts
Sources: Loan Agreement (Horne International, Inc.), Loan Agreement (Horne International, Inc.), Loan Agreement (Horne International, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between any Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 4 contracts
Sources: Mezzanine Loan Agreement (Strategic Hotel Capital Inc), Mezzanine Loan Agreement (Strategic Hotel Capital Inc), Loan Agreement (Strategic Hotel Capital Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including the “Loan Application and Conditional Commitment Agreement” dated July 29, 2005, between ▇▇▇▇▇▇▇ Properties, L.P. and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the final and entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, agreements or understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan DocumentsDocuments and unless specifically set forth in a writing contemporaneous herewith the terms, conditions and provisions of such prior agreement do not survive execution of this Agreement and this Agreement and the other Loan Documents may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties hereto or thereto.
Appears in 3 contracts
Sources: Junior Mezzanine Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Senior Mezzanine Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, among Borrower, the other Loan Parties and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: Mezzanine Loan Agreement (BRE Select Hotels Corp), Mezzanine Loan Agreement (BRE Select Hotels Corp), Loan Agreement (ESH Hospitality LLC)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto and their respective Affiliates in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, including any confidentiality agreements or any similar agreements between or among any such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: Loan Agreement (Vinebrook Homes Trust, Inc.), Loan Agreement (Vinebrook Homes Trust, Inc.), Loan Agreement (Vinebrook Homes Trust, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Summary of Principal Terms dated August 1, 2006 (as amended) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, are superseded with respect to the Loan by the terms of this Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: Loan Agreement (Choice Hotels International Inc), Loan Agreement (Servico Market Center Inc), Loan Agreement (Hospitality Properties Trust)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, among Borrower, and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: Mezzanine Loan Agreement (ESH Hospitality LLC), Mezzanine Loan Agreement (ESH Hospitality LLC), Mezzanine Loan Agreement (ESH Hospitality LLC)
Prior Agreements. This Agreement and the other The Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including the Term Sheet, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: Loan Agreement (American Realty Capital New York City REIT, Inc.), Loan Agreement (American Realty Capital Hospitality Trust, Inc.), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Commitment Letter dated September 22, 2002 between Borrower and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: Junior Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.), Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.), Loan Agreement (Sunstone Hotel Investors, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain Documents, and any other documents or instruments executed pursuant thereto or contemplated thereby, shall represent the entire entire, integrated agreement of between the parties hereto and thereto in respect of the transactions contemplated hereby and therebyhereto, and shall supersede all prior agreementsnegotiations, understandings and negotiations among representations, or between such partiesagreements pertaining thereto, whether either oral or written, are superseded by the terms of this . This Agreement and the any provision hereof shall not be modified, amended, waived or discharged in any manner other Loan Documentsthan by a written amendment executed by all parties to this Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (QC Holdings, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including the Summary of Discussion Points (as amended) between Borrower and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the terms set forth in any term sheet or commitment letter related to the transactions contemplated hereby, whether or not executed, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Loan Application and Term Sheet dated January 27, 2010 (the “Loan Application”) between Guarantor and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Cole Credit Property Trust III, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Term Sheet, dated October 19, 2017, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Mezzanine Loan Agreement (Hersha Hospitality Trust), Loan Agreement (Hersha Hospitality Trust)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the loan commitment dated October 2, 2002, and all attachments thereto including, but not limited to, the term sheet between Borrowers and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Loan Agreement (Ventas Inc), Mezzanine Loan Agreement (Ventas Inc)
Prior Agreements. This Agreement and the other Loan Documents contain Documents, and any other documents or instruments executed pursuant thereto or contemplated thereby, shall represent the entire entire, integrated agreement of between the parties hereto and thereto in with respect of to the transactions contemplated hereby and therebyLoan, and shall supersede all prior agreementsnegotiations, understandings and negotiations among representations or between such partiesagreements pertaining thereto, whether either oral or written, are superseded by the terms of this . This Agreement and the any provision hereof shall not be modified, amended, waived or discharged in any manner other Loan Documentsthan by a written amendment executed by all parties to this Agreement.
Appears in 2 contracts
Sources: Loan Agreement (Agree Realty Corp), Loan Agreement (Sun Communities Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto with respect to the Loan and thereto in respect of the transactions contemplated hereby and therebyhereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan DocumentsDocuments and unless specifically set forth in a writing contemporaneous herewith the terms, conditions and provisions of any and all such prior agreements do not survive execution of this Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (NRI Real Token Inc.), Mezzanine Loan and Security Agreement (NRI Real Token Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Loan Application and Term Sheet, dated October 2, 2012, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such partiesparties with respect to such transactions, whether oral or written, including, without limitation, the term sheet dated November 7, 2006 (as amended) between an Affiliate of Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Loan Agreement (Capitalsource Inc), Mezzanine Loan Agreement (Capitalsource Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the application dated January 30, 2003 (as amended) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Loan Agreement (Prime Group Realty Trust), Mezzanine Loan Agreement (Prime Group Realty Trust)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between the Borrower and any Lender or the Agent are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Mezzanine Construction Loan Agreement (Prime Group Realty Trust), Credit Agreement (Prime Group Realty Trust)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Loan Application and Term Sheet dated December 29, 2015 between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including the “Application Letter” dated February 28, 2007, between ▇▇▇▇▇▇▇ Properties, L.P. and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Debtor and the Administrative Agent with respect to the subject matter hereof, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Term Loan and Security Agreement (Advanced Emissions Solutions, Inc.), Term Loan and Security Agreement (Advanced Emissions Solutions, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the term sheet dated as of November 1, 2006, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower, or any other Loan Party and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings agreements and negotiations term sheets among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Developmental Loan Agreement
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between the Borrower and the Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Mezzanine Loan Agreement (Prime Group Realty Trust)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Summary of Preliminary Terms dated January 16, 2013 between Sponsor and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Summary of Indicative Terms and Conditions dated July 31, 2007 (as amended) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Credit Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, among the Borrowers, ASC and the Lender, in each case with respect to the subject matter hereof, are superseded by the terms of this Credit Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and/or its Affiliates and Lender relating solely to the transactions contemplated hereby are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between each Loan Party and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan ---------------- Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (Desert Springs Marriott Limited Partnership)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the loan application, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, among any of the parties hereto are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and, from and after the date hereof, all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between the Borrowers, the Lender and the Agent are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, including, without limitation, the term sheet dated October 10, 2006 (as amended) between Borrower and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Loan Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, agreements or understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Loan Agreement and the other Loan DocumentsDocuments and unless specifically set forth in a writing contemporaneous herewith the terms, conditions and provisions of such prior agreement do not survive execution of this Loan Agreement.
Appears in 1 contract
Sources: Loan Agreement (Inland American Real Estate Trust, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between any Individual Borrower or Individual Operating Lessee, on the one hand, and Lender, on the other hand, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, written between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (Fairchild Corp)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions transaction’s contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other The Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.. 67
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower or Operating Lessee, on the one hand, and Lender, on the other hand, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.other
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain represent the entire agreement of the parties hereto with regard to the subject matter hereof and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of any letters and other documentation entered into between the Borrower or a Guarantor and any DIP Lender or the Agent prior to the execution of this Agreement and the other Loan DocumentsAgreement.
Appears in 1 contract
Sources: Revolving Credit and Guaranty Agreement (Lodgian Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Obligor and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents ---------------- contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, are superseded by the terms of this Agreement and Agreement, the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (Wells Real Estate Investment Trust Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and therebythereby and may not be contradicted by evidence of any alleged oral agreements, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower, or any other Loan Party and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (MGM Growth Properties Operating Partnership LP)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and/or its Affiliates and such Financing Party are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (Orchard Supply Hardware Stores Corp)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations or contemporaneous agreements among or between such parties, whether oral or written, between the Borrowers (or any Borrower Affiliate) and any Lender or Agent are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Revolving Credit Agreement (Shelbourne Properties Ii Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including any term sheets, discussion outlines or commitment letters (as same may be amended) between any of the Borrower Parties and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, agreements or understandings and negotiations among or between such parties, whether oral or written, are arc superseded by the terms of this Agreement and the other Loan DocumentsDocuments and unless specifically set forth in a writing contemporaneous herewith the terms, conditions and provisions of such prior agreement do not survive execution of this Agreement.
Appears in 1 contract
Sources: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and NT Senior Lender with respect to the subject matter hereof, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Senior Loan Agreement
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Term Sheet (the “Loan Application”) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.. 99 0107842.0726822 4821-7262-8396v10
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and/or its Affiliates and Administrative Agent, Lenders, or any of Administrative Agent’s or Lenders’ Affiliates are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including the Application Letter dated July 13, 2005 (as amended) between Borrowers and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the application letter dated August 9, 2013 (as amended) between Borrower and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto and their respective affiliates in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, including any confidentiality agreements or any similar agreements between or among any such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.Documents.
Appears in 1 contract
Sources: Mezzanine Loan Agreement
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.82 71215191
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including any term sheets, discussion outlines or commitment letters (as same may be amended) between any of the parties are superseded by the terms of this Agreement and the other Loan Documents. In the event of any conflict between the terms of this Agreement and the loan term sheet, the terms of this Agreement shall govern.
Appears in 1 contract
Sources: Construction Loan Agreement
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, among Borrower, Operating Lessee, the other Loan Parties and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.. 99305209_1
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.including that
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Senior Lenders and Subordinate Lender on one hand and IFF on the other hand with respect to the subject matter hereof, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Non Recourse Carve Out Agreement
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Letter dated October 26, 1999 (as amended) between Borrower and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents, except as may be set forth in the Fee Letter.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the Preliminary Summary of Terms dated September 29, 2004 (as amended) between Borrower and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including any term sheets, discussion outlines or commitment letters (as same may be amended) between Obligors and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan ---------------- Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and/or its Affiliates and Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement Agreement, the other Loan Documents and the other Project Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and Agreement, the other Loan Documents and the Project Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and Subordinate Lender with respect to the subject matter hereof, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Subordinate Loan Agreement
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including any term sheets, discussion outlines or commitment letters (as same may be amended) between any of the Loan Parties and any Lender are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties panics hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such partiesparties or their Affiliates or representatives concerning the transactions contemplated hereby, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (Nexpoint Diversified Real Estate Trust)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between the Borrower and the Lender with respect to the subject matter hereof, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (BRT Realty Trust)
Prior Agreements. This Agreement Agreement, the other Loan Documents and the other Term Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and Agreement, the other Loan Documents and the Term Loan Documents.
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, between Borrower and Lender, including without limitation the Original Loan Agreement, are superseded by the terms of this Agreement and the other Loan Documents.. 120
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including, without limitation, the term sheet for the Loan and the Mortgage are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, whether oral or written, including the Application Letter dated November 10, 2014 (as amended) between Guarantor and Lender, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (Cole Credit Property Trust V, Inc.)
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto and their respective affiliates in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.of
Appears in 1 contract
Prior Agreements. This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto and their respective affiliates in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations agreements among or between such parties, including any confidentiality agreements or any similar agreements between or among any such parties or any of their affiliates, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (Pacific Office Properties Trust, Inc.)
Prior Agreements. This Agreement and Agreement, the other Loan Documents Documents, and the Fee Letter, contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements, understandings and negotiations among or between such parties, whether oral or written, are superseded by the terms of this Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Loan Agreement (American Realty Capital New York City REIT, Inc.)