Common use of Delay Not a Waiver Clause in Contracts

Delay Not a Waiver. To the extent permitted by applicable law, neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege under this Agreement, the Pledge Agreement, the Note or the other Loan Documents, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Pledge Agreement, the Note or the other Loan Documents, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Pledge Agreement, the Note and the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Appears in 4 contracts

Samples: Mezzanine B Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine a Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine B Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

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Delay Not a Waiver. To the extent permitted by applicable law, neither any failure nor any delay on the part of Administrative Agent or any Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege under this Agreement, the Pledge AgreementSecurity Instrument, the Note or the other Loan Documents, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Pledge AgreementSecurity Instrument, the Note or the other Loan Documents, neither Administrative Agent nor any Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Pledge AgreementSecurity Instrument, the Note and the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Appears in 2 contracts

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Delay Not a Waiver. To the extent permitted by applicable law, neither Neither any failure nor any delay on the part of Administrative Agent or any Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege under this Agreement, the Pledge AgreementSecurity Instrument, the Note or the other Loan Documents, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Pledge AgreementSecurity Instrument, the Note or the other Loan Documents, neither Administrative Agent nor any Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Pledge AgreementSecurity Instrument, the Note and the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)

Delay Not a Waiver. To the extent permitted by applicable law, neither Neither any failure nor any delay on the part of ------------------ Administrative Agent, the Collateral Agent, or any Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege under this Agreement, the Pledge AgreementNote, the Note or the any other Loan DocumentsDocument, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Pledge AgreementNotes or any other Loan Document, neither the Administrative Agent, the Note or Collateral Agent, nor the other Loan Documents, Lender Lenders shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Pledge Agreement, the Note and Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Appears in 1 contract

Samples: Pledge Agreement (Cabot Industrial Trust)

Delay Not a Waiver. To the extent permitted by applicable law, neither Neither any failure nor any delay on the part of Administrative Agent or Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege under this Agreement, the Pledge AgreementSecurity Instrument, the Note or the other Loan Documents, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Pledge AgreementSecurity Instrument, the Note or the other Loan Documents, neither Administrative Agent nor Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Pledge AgreementSecurity Instrument, the Note and the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

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Delay Not a Waiver. To the extent permitted by applicable law, neither Neither any failure nor any delay on the part of Administrative Agent or any Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege under this Agreement, the Pledge AgreementSecurity Instrument, the Note or the other Loan Documents, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a 127 single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Pledge AgreementSecurity Instrument, the Note or the other Loan Documents, neither Administrative Agent nor any Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Pledge AgreementSecurity Instrument, the Note and the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

Delay Not a Waiver. To the extent permitted by applicable law, neither Neither any failure nor any delay on the part of Lender or Agent in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege under this Agreement, the Security Instrument, the Pledge Agreement, the Note or the other Loan Documents, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Security Instrument, the Pledge Agreement, the Note or the other Loan Documents, Lender Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Security Instrument, the Pledge Agreement, the Note and the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

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