Common use of Telephonic Notice Clause in Contracts

Telephonic Notice. Without any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice in the absence of manifest error.

Appears in 12 contracts

Samples: Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Cedar Realty Trust, Inc.), Assignment and Assumption (Cedar Realty Trust, Inc.)

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Telephonic Notice. Without in any way limiting the Borrower’s obligation of Borrower to confirm in writing any telephonic noticenotice permitted to be given hereunder, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from the an Authorized Officer of Borrower prior entitled to receipt give telephonic notices under this Agreement on behalf of written confirmationBorrower. In each case the Borrower hereby waives the right to dispute the such case, Administrative Agent’s record of the terms of such telephonic Loan Notice in notice shall be conclusive absent manifest error and Borrower hereby waives the absence of manifest errorright to dispute such record.

Appears in 9 contracts

Samples: Credit Agreement (Cole Credit Property Trust II Inc), Pledge Agreement (Strategic Hotels & Resorts, Inc), Credit Agreement (Strategic Hotel Capital Inc)

Telephonic Notice. Without in any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice notice, concerning interest rate selection only, believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice of Rate Selection in the absence of manifest error.

Appears in 3 contracts

Samples: Term Loan Agreement (Hines Real Estate Investment Trust Inc), Credit Agreement (Hines Real Estate Investment Trust Inc), Term Loan Agreement (Hines Real Estate Investment Trust Inc)

Telephonic Notice. Without any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice of Rate Selection in the absence of manifest error.

Appears in 3 contracts

Samples: Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc)

Telephonic Notice. Without any way limiting the Borrower’s 's obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of such telephonic Loan Notice of Rate Selection in the absence of manifest error.

Appears in 3 contracts

Samples: Loan Agreement (Kramont Realty Trust), Loan Agreement (Cedar Shopping Centers Inc), Senior Loan Agreement (NNN 2002 Value Fund LLC)

Telephonic Notice. Without in any way limiting the Borrower’s obligation of the Borrower to confirm in writing any telephonic noticenotice it may give hereunder by telephone, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from a Responsible Officer of the Borrower prior to receipt (or a designee of written confirmationsuch Responsible Officer). In each such case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of any such telephonic Loan Notice in the absence of manifest errornotice.

Appears in 2 contracts

Samples: Credit Agreement (E&s Holdings Corp), Evenflo & Spalding Holdings Corp

Telephonic Notice. Without in any way limiting the Borrower’s 's obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of such telephonic Loan Notice in the absence of manifest errorInterest Period Selection.

Appears in 2 contracts

Samples: Acquisition Loan Agreement (Chartermac), Loan Agreement (Charter Municipal Mortgage Acceptance Co)

Telephonic Notice. Without any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice Conversion Request in the absence of manifest error.

Appears in 2 contracts

Samples: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (Cedar Realty Trust, Inc.)

Telephonic Notice. Without in any way limiting the Borrower’s obligation of Borrower to confirm in writing any telephonic noticenotice permitted to be given hereunder, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from the an Authorized Officer of Borrower prior entitled to receipt give telephonic notices under this Agreement on behalf of written confirmationBorrower. In each case such case, Administrative Agent's record of the terms of such telephonic notice shall be conclusive absent manifest error and Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice in the absence of manifest errorrecord.

Appears in 2 contracts

Samples: Senior Unsecured Credit Agreement (Strategic Hotels & Resorts, Inc), Credit Agreement (Strategic Hotel Capital Inc)

Telephonic Notice. Without in any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic Loan Notice of Rate Selection in the absence of manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Inland Real Estate Corp), Credit Agreement (Inland Real Estate Corp)

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Telephonic Notice. Without in any way limiting the Borrower’s 's obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of such telephonic Loan Notice of Rate Selection in the absence of manifest error.

Appears in 2 contracts

Samples: Loan Agreement (Newkirk Master Lp), Loan Agreement (Shelbourne Properties I Inc)

Telephonic Notice. Without any way limiting the Borrower’s 's obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of such telephonic Revolving Loan Notice in the absence of manifest error.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mid America Apartment Communities Inc)

Telephonic Notice. Without in any way limiting the Borrower’s obligation of any Borrower to confirm in writing any telephonic noticenotice permitted to be given hereunder, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from an Authorized Officer of the Borrower prior Company entitled to receipt give telephonic notices under this Agreement on behalf of written confirmationsuch Borrower. In each case the Borrower hereby waives the right to dispute such case, the Administrative Agent’s 's record of the terms of such telephonic Loan Notice in the absence of notice shall be conclusive absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Stoneridge Inc)

Telephonic Notice. Without in any way limiting the each Borrower’s 's obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the subject Borrower prior to receipt of written confirmation. In each case the subject Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of such telephonic Loan Notice of Rate Selection in the absence of manifest error.

Appears in 1 contract

Samples: Master Loan Agreement (Newkirk Master Lp)

Telephonic Notice. Without in any way limiting the Borrower’s 's obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of such telephonic Loan Notice in the absence of manifest errorRate Selection.

Appears in 1 contract

Samples: Credit and Security Agreement (Charter Municipal Mortgage Acceptance Co)

Telephonic Notice. Without in any way limiting the Borrower’s obligation of Borrower to confirm in writing any telephonic noticenotice it may give hereunder by telephone, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from the a Responsible Officer of Borrower prior to receipt (or a designee of written confirmationsuch Responsible Officer). In each such case the Borrower hereby waives the right to dispute the Administrative Agent’s 's record of the terms of any such telephonic Loan Notice in the absence of manifest errornotice.

Appears in 1 contract

Samples: Security Agreement (Evenflo Co Inc)

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