Common use of Modification, Waiver in Writing Clause in Contracts

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agent, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower, shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 3 contracts

Sources: Mezzanine Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement Agreement, or of either of the Notes, or of any other Loan Document, nor consent to any departure by any Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on any Borrower, shall entitle such Borrower or any other Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 3 contracts

Sources: Loan Agreement (Bref Hr, LLC), Loan Agreement (Hard Rock Hotel Holdings, LLC), Loan Agreement (Hard Rock Hotel Holdings, LLC)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement Agreement, the Notes or of any other Loan Document, nor or consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, to or demand on Borrower, Borrower shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 2 contracts

Sources: Loan Agreement (American Real Estate Investment Corp), Loan Agreement (Forum Group Inc)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement Agreement, any Notes, or of any other Loan Document, nor any consent to any departure by the Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower, the Borrower or the Agent shall entitle the Borrower or the Agent, as the case may be, to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Sources: Credit Agreement (Prime Group Realty Trust)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower, shall entitle Borrower to any other or future notice or demand in the same, similar or to other circumstances.

Appears in 1 contract

Sources: Loan Agreement (Apple REIT Nine, Inc.)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower, shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances...

Appears in 1 contract

Sources: Loan Agreement (Interstate Hotels & Resorts Inc)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agent, the Lender and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which givenBorrower. Except as otherwise expressly provided herein, no notice to, or demand on Borrower, shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Sources: Loan Agreement (Manufactured Housing Properties Inc.)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement Agreement, or of the Note, or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower, shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances.,

Appears in 1 contract

Sources: Loan Agreement (Colony Starwood Homes)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement any of the Loan Documents, or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, to or demand on Borrower, Borrower shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Sources: Loan Agreement (Stratus Properties Inc)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement Agreement, the Note, or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided hereinin this Agreement or in any of the other Loan Documents, no notice to, or demand on Borrower, shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Sources: Loan Agreement (GMH Communities Trust)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement Agreement, or of the Notes, or of any other Loan Document, nor or consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agent, the party against whom enforcement is sought and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, to or demand on Borrower, Borrower shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Sources: Loan and Security Agreement (Morgans Hotel Group Co.)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement Agreement, the Global Note or of any other Loan Document, nor or consent to any departure by Borrower Borrowers therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, to or demand on Borrower, Borrowers shall entitle Borrower Borrowers to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Sources: Loan Agreement (Kranzco Realty Trust)

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement or of any other Loan DocumentAgreement, nor consent to any departure by the Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, to or demand on Borrower, the Borrower shall entitle the Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Sources: Loan Agreement

Modification, Waiver in Writing. No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by Agentthe party or parties against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly EAST\87098743.3 provided herein, no notice to, or demand on BorrowerBorrowers, shall entitle any Borrower to any other or future notice or demand in the same, similar or other circumstances.

Appears in 1 contract

Sources: Loan Agreement (Cole Credit Property Trust V, Inc.)