Common use of Binding Effect, Etc Clause in Contracts

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 or the Pledge Agreement applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement shall operate as a waiver of any rights of any holder of such Note.

Appears in 6 contracts

Samples: Mezzanine Note Agreement (Apartment Income REIT Corp.), Mezzanine Note Agreement (Aimco OP L.P.), Mezzanine Note Agreement (Apartment Income REIT Corp.)

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Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 18 or the Pledge Agreement any other Financing Document applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement any other Financing Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 6 contracts

Samples: Note Purchase Agreement (Getty Realty Corp /Md/), Note Purchase Agreement (Getty Realty Corp /Md/), Note Purchase Agreement (Getty Realty Corp /Md/)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 or the Pledge Agreement 18 applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company Constituent Companies without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the a Constituent Company and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement shall operate as a waiver of any rights of any holder of such Note.

Appears in 5 contracts

Samples: Agreement (Hawaiian Electric Co Inc), Hawaiian Electric and Subsidiaries (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Industries Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 or the Pledge Agreement 18 applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of a Note and no nor any delay in exercising any rights hereunder or under any Note or the Pledge Agreement shall operate as a waiver of any rights of any Purchaser or holder of such Note.

Appears in 2 contracts

Samples: Note Purchase Agreement (Teekay Offshore Partners L.P.), Note Purchase Agreement (Teekay LNG Partners L.P.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 17 or the Pledge Agreement any other Note Document applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company applicable Note Party without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Parent, the Company, any Purchaser, and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement any other Note Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 2 contracts

Samples: Note Purchase Agreement (SmartStop Self Storage REIT, Inc.), Note Purchase Agreement (SmartStop Self Storage REIT, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 or the Pledge Agreement 18 applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company Constituent Companies without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the a Constituent Company and any the holder of a any Note and no nor any delay in exercising any rights hereunder or under any Note or the Pledge Agreement shall operate as a waiver of any rights of any holder of such Note.

Appears in 2 contracts

Samples: Note Purchase and Guaranty Agreement (Hawaiian Electric Industries Inc), Agreement (Hawaiian Electric Industries Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 17 or the Pledge Agreement any other Financing Document applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement any other Financing Document shall operate as a waiver of any rights of any Purchaser or holder of such Note. Section 17.4.

Appears in 2 contracts

Samples: Tiaa Real Estate Account, Tiaa Real Estate Account

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 17 or the Pledge Agreement any other Note Document applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any holder of a Note and no delay in exercising any rights hereunder or under any other Note or the Pledge Agreement Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (MGP Ingredients Inc), Note Purchase and Private Shelf Agreement (MGP Ingredients Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 17 or the Pledge Agreement any other Transaction Document applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any holder of a Note and no nor any delay in exercising any rights hereunder or under any Note or the Pledge Agreement other Transaction Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Samples: Intercreditor Agreement (Encore Capital Group Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 17 or the Pledge Agreement any Financing Document applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement other Financing Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Samples: Project Power Purchase Agreement (Ormat Technologies, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 or the Pledge Agreement 19 applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Issuer and the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Issuer or the Company and any the holder of a any Note and no nor any delay in exercising any rights hereunder or under any Note or the Pledge Agreement shall operate as a waiver of any rights of any holder of such Note.. As used herein, the term "

Appears in 1 contract

Samples: Guarantee Agreement (Cordiant Communications Group PLC /Adr)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 18 or the Pledge Agreement any other Note Document applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company Obligors without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company an Obligor and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement any other Note Document shall operate as a waiver of any rights of any holder of such Note.. CONFIDENTIAL TREATMENT REQUESTED PURSUANT TO 17 C.F.R. SECTION 200.83

Appears in 1 contract

Samples: Note Purchase Agreement (New PubCo Renewable Power Inc.)

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Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 17 or the Pledge Agreement any other Finance Document applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company Obligors without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company any Obligor and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement other Finance Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Allient Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 or the Pledge Agreement 18 applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement shall operate as a waiver of any rights of any Purchaser or holder of such Note.

Appears in 1 contract

Samples: Note Purchase Agreement (Global Ship Lease, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 17 or the Pledge any Subsidiary Guarantee Agreement applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Subsidiary Guarantee Agreement shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Idexx Laboratories Inc /De)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 or the Pledge Agreement 18 applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company Note Parties without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Note Parties and any Purchaser or holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement any other Note Document shall operate as a waiver of any rights of any Purchaser or holder of such Note.

Appears in 1 contract

Samples: Note Purchase Agreement (Manchester United PLC)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 17 or the Pledge Agreement any other Finance Document applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any holder of a Note and no nor any delay in exercising any rights hereunder or under any Note or the Pledge Agreement other Finance Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Samples: Senior Secured Note Purchase Agreement (Encore Capital Group Inc)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 17 or the Pledge Agreement any other Finance Document applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement under any other Finance Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Samples: Note Purchase Agreement (Black Hills Corp /Sd/)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 16 or the Pledge Agreement 17 applies equally to all Purchasers and holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Pledge Agreement shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Samples: Northwest Natural Gas Co

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