Waiver of Remedies. No delay or failure on the part of the Agent or any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 36 contracts
Samples: Term Loan Agreement (HRPT Properties Trust), Term Loan Agreement (Kite Realty Group Trust), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)
Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender or any the Swingline Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender or any the Swingline Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 22 contracts
Samples: Credit Agreement (United Dominion Realty Trust Inc), Credit Agreement (Kite Realty Group Trust), Credit Agreement (Kite Realty Group Trust)
Waiver of Remedies. No delay or failure on the part of the Agent or any Lender the Lenders in the exercise of any right or remedy it may have against any the Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender the Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 7 contracts
Samples: Credit Agreement (Education Realty Operating Partnership L P), Credit Agreement (Education Realty Operating Partnership L P), Assignment and Assumption (Education Realty Operating Partnership L P)
Waiver of Remedies. No delay or failure on the part of the Agent or any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 5 contracts
Samples: Term Loan Agreement (Kite Realty Group Trust), Term Loan Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.)
Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender or any the Swingline Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender or any the Swingline Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 5 contracts
Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Physicians Specialty Corp), Assignment and Acceptance Agreement (Regency Realty Corp)
Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender, the Issuing Lender or any the Swingline Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender, the Issuing Lender or any the Swingline Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 5 contracts
Samples: Credit Agreement (Kite Realty Group Trust), Credit Agreement (Kite Realty Group Trust), Credit Agreement (Kite Realty Group, L.P.)
Waiver of Remedies. No delay or failure on the part of the Agent or any Lender the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender the Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 4 contracts
Samples: Credit Agreement (Archstone Smith Operating Trust), Subsidiary Guaranty (Bluerock Residential Growth REIT, Inc.), Guaranty (Archstone Smith Operating Trust)
Waiver of Remedies. No delay or failure on the part of the Agent or any Lender Noteholder in the exercise of any right or remedy it may have against any the Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender Noteholder of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 4 contracts
Samples: Springing Parent Guaranty (Kite Realty Group, L.P.), Springing Parent Guaranty (Kite Realty Group, L.P.), Note Purchase Agreement (Kite Realty Group, L.P.)
Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender, the Issuing Lender or any the Swingline Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender, the Issuing Lender or any the Swingline Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 4 contracts
Samples: Credit Agreement (Kite Realty Group Trust), Credit Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group Trust)
Waiver of Remedies. No delay or failure on the part of the Administrative Agent or any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 3 contracts
Samples: Credit Agreement (Corporate Office Properties Trust), Term Loan Agreement (Corporate Office Properties, L.P.), Credit Agreement (Corporate Property Associates 14 Inc)
Waiver of Remedies. No delay or failure on the part of the Agent or any Agent, the Lenders and the Lender Hedge Provider in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, the Lenders or any Lender Hedge Provider of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 3 contracts
Samples: Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.)
Waiver of Remedies. No delay or failure on the part of the Agent or any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 3 contracts
Samples: Credit Agreement (Regency Centers Lp), Guaranty (Pennsylvania Real Estate Investment Trust), Pennsylvania Real Estate Investment Trust
Waiver of Remedies. No delay or failure on the part of the Agent Agent, the Issuing Bank or any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, the Issuing Bank or any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 2 contracts
Samples: Security Agreement (Morgans Hotel Group Co.), Guaranty (Morgans Hotel Group Co.)
Waiver of Remedies. No delay or failure on the part of the Agent or Agent, any Lender or the Issuing Bank in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or Agent, any Lender or the Issuing Bank of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 2 contracts
Samples: Credit Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.)
Waiver of Remedies. No delay or failure on the part of the Administrative Agent or any Lender the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any Lender the Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 2 contracts
Samples: Guaranty Agreement (Griffin Capital Net Lease REIT, Inc.), Guaranty Agreement (Griffin Capital Net Lease REIT, Inc.)
Waiver of Remedies. No delay or failure on the part of the Agent Agent, any Lender or any Lender Hedge Provider in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, any Lender or any Lender Hedge Provider of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 2 contracts
Samples: Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.)
Waiver of Remedies. No delay or failure on the part of the Agent Agent, the Issuing Bank, or any Lender the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender the Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 2 contracts
Samples: Guaranty (Strategic Storage Trust IV, Inc.), Guaranty (Strategic Storage Trust II, Inc.)
Waiver of Remedies. No delay or failure on the part of the Administrative Agent or any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 2 contracts
Samples: Control Investor Guaranty (Allied Capital Corp), Control Investor Guaranty (Allied Capital Corp)
Waiver of Remedies. No delay or failure on the part of ------------------ the Agent or any Lender the Lenders in the exercise of any right or remedy it may have against any the Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender the Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 1 contract
Samples: Security Capital Group Inc/
Waiver of Remedies. No delay or failure on the part of the Agent or any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 1 contract
Samples: Guaranty (U-Store-It Trust)
Waiver of Remedies. No delay or failure on the part of the Agent or any Lender Noteholder in the exercise of any right or remedy it may have against any Subsidiary Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender Noteholder of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 1 contract
Waiver of Remedies. No delay or failure on the part of the Agent or any Lender and the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender the Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 1 contract
Waiver of Remedies. No delay or failure on the part of the Agent or any Lender the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender the 199 Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 1 contract
Waiver of Remedies. No delay or failure on the part of the ------------------ Agent or any Lender the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender the Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 1 contract
Waiver of Remedies. No delay or failure on the part of the Agent or any Lender the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent or any Lender the Lenders of Exhibit 10.4 any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 1 contract
Samples: Guaranty (Griffin Capital Essential Asset REIT II, Inc.)
Waiver of Remedies. No delay or failure on the part of the Agent Agent, the Swingline Lender or any Lender the Lenders in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agent, the Swingline Lender or any Lender the Lenders of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 1 contract
Waiver of Remedies. No delay or failure on the part of the Agent Agents or any Lender in the exercise of any right or remedy it may have against any the Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Agent Agents or any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 1 contract
Waiver of Remedies. No delay or failure on the part of the Administrative Agent or any Lender in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any Lender of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.
Appears in 1 contract
Samples: Allied Capital Corp