Borrower Waiver Clause Samples

Borrower Waiver. In the event that, at any time, any surety exists that is liable upon only a portion of Borrower's obligations under the Loan Documents and Borrower provides partial satisfaction of any such obligation(s), Borrower hereby waives any right it would otherwise have under applicable law, if any, or otherwise to designate the portion of the obligation to be satisfied. The designation of the portion of the obligation to be satisfied shall, to the extent not expressly made by the terms of the Loan Documents, be made by Agent rather than by Borrower.

Borrower Waiver. The Borrower hereby forever waives presentment, presentment for payment, demand, protest, notice of protest, notice of dishonor of this Note and all other demands and notices other than notices otherwise required under this Note in connection with the delivery, acceptance, performance and enforcement of this Note.

Borrower Waiver. Except as otherwise provided in this Agreement or any Related Agreement, Borrower waives (i) presentment, demand and protest and notice of presentment, protest, default, non-payment, maturity, release, compromise, settlement, one or more extensions or renewals of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender on which Borrower may in any way be liable and hereby ratifies and confirms whatever Lender may do in this regard; (ii) all rights to notice and a hearing prior to Lender's taking possession or control of, or Lender's relevy, attachment or levy on or of, the Collateral or any bond or security which might be required by any court prior to allowing Lender to exercise any of Lender's remedies; and (iii) the benefit of all valuation, appraisement and exemption laws. Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement and the transactions evidenced by this Agreement.

Borrower Waiver. With respect to the Borrower’s guarantee under Section 2.1(f), the Borrower (and each other Guarantor) agrees that all references to “Guarantor” in Sections 2.2, 2.3, 2.4, 2.5, 2.6 and 2.7 shall include the Borrower.

Borrower Waiver. Added Borrower and TIC II hereby each represent and warrant to Lender that it has no claims, including, without limitation, counterclaims, against Lender, and no defenses or offsets, including, without limitation, affirmative defenses, against any of the obligations under the Loan Documents, and hereby waives and forever releases and discharges Lender from any and all claims, counterclaims, defenses, affirmative defenses and offsets, known or unknown, existing as of the date hereof or hereafter arising out of facts or circumstances existing or out of occurrences that have occurred by the date hereof. Added Borrower hereby forever waives and discharges Lender from any and all claims, counterclaims, defenses, affirmative defenses and offsets arising in connection with or resulting from any Tenant in Common Transfer occurring subsequent to or contemporaneously with the Tenant in Common Transfer to Added Borrower or the execution by Lender of any agreement similar to this agreement with any Tenant in Common Transferee under any such subsequent or contemporaneous Tenant in Common Transfer. In no event shall this Section 10 be deemed to imply that any claim, counterclaim, defense, affirmative defense or offset referred to herein exists.

Borrower Waiver. Notwithstanding anything to the contrary contained herein, under no circumstance shall the Company be required to pay any portion of the Referral Fee or any other amount to Meridian that is attributable to an Eligible Loan with respect to which no Borrower Waiver has been provided to the Company.

Borrower Waiver. Except as otherwise provided for in this Agreement, each Borrower waives (i) presentment, demand and protest and notice of presentment, protest, default, non-payment, maturity, release, compromise, settlement, one or more extensions or renewals of any or all Notes, contract rights, documents, and instruments, at any time held by the Lender on which any Borrower may in any way be liable and hereby ratifies and confirms whatever the Lender may do in this regard. Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement and the transactions evidenced by this Agreement.

Borrower Waiver. Except as otherwise provided for in this Agreement, Borrower waives (a) presentment, demand and protest and notice of presentment, protest, default, non-payment, maturity, release, compromise, settlement, one or more extensions or renewals of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent or any Lender on which Borrower may in any way be liable and hereby ratifies and confirms whatever Agent or any Lender may do in this regard; (b) all rights to notice and a hearing prior to Agent's or any Lender's taking possession or control of, or Agent's or any Lender's replevy, attachment or levy on or of, the Collateral or any bond or security which might be required by any court prior to allowing Agent or any Lender to exercise any of Agent's or any Lender's remedies; and (c) the benefit of all valuation, appraisement and exemption laws. Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement and the transactions evidenced by this Agreement.

Borrower Waiver. Except as otherwise provided for in this Agreement, to the maximum extent permitted by law, each Borrower, for itself and its successors and assigns, (a) waives presentment, demand and protest and notice of presentment, protest, default, non-payment, maturity, release, compromise, settlement, one or more extensions or renewals of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper, and guaranties at any time held by Bank on which any Borrower may in any way be liable and hereby ratifies and confirms whatever Bank may do in this regard; (b) waives all rights to notice (except as provided in the Loan Documents) and a hearing prior to Bank’s taking possession or control of, or Bank’s relevy, attachment or levy on or of, the Collateral or any bond or security which might be required by any court prior to allowing Bank to exercise any of Bank’s remedies; (c) waives the benefit of all valuation, appraisement, and exemption laws; and (d) releases Bank from all liability under any Environmental Laws, and waives and agrees not to make any claim or bring any cost recovery or contribution action against Bank under any Environmental Laws now existing or hereafter enacted. Each Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement and the transactions evidenced by this Agreement.