Common use of Binding Effect, Etc Clause in Contracts

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or 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 any other Financing Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 7 contracts

Sources: Amended and Restated Note Purchase and Guarantee Agreement (Getty Realty Corp /Md/), Note Purchase and Guarantee Agreement (Getty Realty Corp /Md/), Note Purchase and Guarantee Agreement (Getty Realty Corp /Md/)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or 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 each Obligor 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 Obligors and any Purchaser or holder of a Note and no delay in exercising any rights hereunder or under any Note or any other Financing Document shall operate as a waiver of any rights of any Purchaser or holder of such Note.

Appears in 6 contracts

Sources: Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 16 or any other Financing Document 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 any other Financing Document the Pledge Agreement shall operate as a waiver of any rights of any holder of such Note.

Appears in 6 contracts

Sources: Mezzanine Note Agreement (Aimco OP L.P.), Mezzanine Note Agreement (Aimco Properties L.P.), Mezzanine Note Agreement (Aimco OP L.P.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or 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 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 any other Financing Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 5 contracts

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

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or 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 any other Financing Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 3 contracts

Sources: Credit Agreement (Energy Vault Holdings, Inc.), Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or any other Financing 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 any other Financing Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 3 contracts

Sources: Note Purchase and Private Shelf Agreement (MGP Ingredients Inc), 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 18 or 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 nor any delay in exercising any rights hereunder or under any Note or any other Financing Document shall operate as a waiver of any rights of any Purchaser or holder of such Note.

Appears in 2 contracts

Sources: 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 18 or any other Financing Document 19 applies equally to all holders Holders of Notes and is binding upon them and upon each future holder 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 any Company, on the Company one hand, and the Holder of any holder of a Note and no Note, on the other, nor any delay in exercising any rights hereunder or under any Note or any other Financing Document shall operate as a waiver of any rights of any holder Holder of such Note.

Appears in 2 contracts

Sources: Note Purchase Agreement (Glori Energy Inc.), Note Purchase Agreement (Glori Energy Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or any other Financing 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 any other Financing Note Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 2 contracts

Sources: 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 18 or any other Financing Document 17 applies equally to all holders Holders of Notes and is binding upon them and upon each future holder 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 Holder of a Note and no delay in exercising any rights hereunder or under any Note or any other Financing Purchase Document shall operate as a waiver of any rights of any holder Holder of such Note.

Appears in 2 contracts

Sources: Senior Secured Super Priority Debtor in Possession Note Purchase Agreement (Real Industry, Inc.), Senior Secured Super Priority Debtor in Possession Note Purchase Agreement (Real Industry, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or 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 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 any other Financing Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 2 contracts

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

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or 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 any other Financing Document shall operate as a waiver of any rights of any Purchaser or holder of such Note.

Appears in 2 contracts

Sources: Note Purchase Agreement (Tiaa Real Estate Account), Note Purchase Agreement (Tiaa Real Estate Account)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or any other Financing 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 any other Financing Transaction Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

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

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or 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 any other Financing Document shall operate as a waiver of any rights of any Purchaser or holder of such Note.

Appears in 1 contract

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

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or any other Financing 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 any other Financing Finance Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

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

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or 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 any other Financing Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Sources: Note Purchase Agreement (Ormat Technologies, Inc.)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or any other Financing 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 under any other Financing Finance Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

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

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or any other Financing Document 19 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 the holder of a any Note and no nor any delay in exercising any rights hereunder or under any Note or under any other Financing Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (FirstService Corp)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or any other Financing 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 the holder of a any Note and no delay in exercising any rights hereunder or under any Note or any other Financing Note Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Primoris Services Corp)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or any other Financing Document 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 any other Financing Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

Sources: Note Purchase Agreement (Northwest Natural Gas Co)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 or 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 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 any other Financing Note Document shall operate as a waiver of any rights of any Purchaser or holder of such Note.

Appears in 1 contract

Sources: Note Purchase Agreement (Manchester United PLC)

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 18 17 or any other Financing 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 any other Financing Finance Document shall operate as a waiver of any rights of any holder of such Note.

Appears in 1 contract

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