Further Waivers. Each Credit Party intentionally, freely, irrevocably and unconditionally waives and relinquishes all rights which may be available to it under any provision of California law or under any California judicial decision, including, without limitation, Section 580a and 726(b) of the California Code of Civil Procedure, to limit the amount of any deficiency judgment or other judgment which may be obtained against such Credit Party under this Agreement to not more than the amount by which the unpaid Obligations exceeds the fair market value or fair value of any real or personal property securing the Obligations, including, without limitation, all rights to an appraisement of, judicial or other hearing on, or other determination of the value of said property. Each Credit Party acknowledges and agrees that, as a result of the foregoing waiver, the Agent or the Lenders may be entitled to recover from such Credit Party an amount which, when combined with the value of any real or personal property foreclosed upon by the Agent (or the proceeds of the sale of which have been received by the Agent and the Lenders) and any sums collected by the Agent and the Lenders from any other Credit Party or other Persons, might exceed the amount of the Obligations. §37. ACKNOWLEDGMENT OF BENEFITS; EFFECT OF AVOIDANCE PROVISIONS.
Further Waivers. Each Borrower intentionally, freely, irrevocably and unconditionally waives and relinquishes all rights which may be available to it under any provision of California law or under any California judicial decision, including, without limitation, Section 580a and 726(b) of the California Code of Civil Procedure, to limit the amount of any deficiency judgment or other judgment which may be obtained against such Borrower under this Agreement to not more than the amount by which the unpaid Obligations exceeds the fair market value or fair value of any real or personal property securing the Obligations, including, without limitation, all rights to an appraisement of, judicial or other hearing on, or other determination of the value of said property. Each Borrower acknowledges and agrees that, as a result of the foregoing waiver, the Agent or the Lenders may be entitled to recover from such Borrower an amount which, when combined with the value of any real or personal property foreclosed upon by the Agent (or the proceeds of the sale of which have been received by the Agent and the Lenders) and any sums collected by the Agent and the Lenders from any other Borrower, the other guarantors or other Persons, might exceed the amount of the Obligations. §37. ACKNOWLEDGMENT OF BENEFITS; EFFECT OF AVOIDANCE PROVISIONS.
Further Waivers. Guarantor waives any right pursuant to any law, rule, arrangement or relationship now or hereafter existing, to require or compel Lessor to (a) proceed against Lessee or any other guarantor; (b) proceed against or exhaust any security for the Obligations; (c) pursue any other remedy in Lessor's power whatsoever; and failure of Lessor to do any of the foregoing shall not exonerate, release or discharge Guarantor from its absolute, unconditional and independent liability to Lessor hereunder, or (d) in the event that any property of Guarantor is or may be hypothecated with property of Lessee as security for any of the Obligations, have such property of Lessee first applied to the discharge of such Obligations.
Further Waivers. The obligations of each Borrower under the provisions hereof constitute full recourse obligations of such Borrower, enforceable against it to the full extent of its properties and assets, irrespective of the validity, regularity or enforceability of this Note or any other circumstances whatsoever. Except as otherwise expressly provided herein, each Borrower hereby waives notice of acceptance of its joint and several liability, notice of the advance of the principal amount of the loan made hereunder, notice of occurrence of any Event of Default, or of any demand for any payment under this Note, notice of any action at any time taken or omitted by the Lender under or in respect of any of the obligations hereunder, any requirement of diligence and, generally, all demands, notices and other formalities of every kind in connection with this Note. Each Borrower hereby assents to, and waives notice of, any extension or postponement of the time for the payment of any of such obligations, the acceptance of any partial payment thereon, any waiver, consent or other action or acquiescence by the Lender at any time or times in respect of any default by any Borrower in the performance or satisfaction of any term, covenant, condition or provision of this Note, any and all other indulgences whatsoever by the Lender in respect of any of such obligations, and the taking, addition, substitution or release, in whole or in part, at any time or times, of any security for any of such obligations or the addition, substitution or release, in whole or in part, of any Borrower. Without limiting the generality of the foregoing, each Borrower assents to any other action or delay in acting or failure to act on the part of the Lender, including, without limitation, any failure strictly or diligently to assert any right or to pursue any remedy or to comply fully with the applicable laws or regulations thereunder which might, but for the provisions of this paragraph, afford grounds for terminating, discharging or relieving such Borrower, in whole or in part, from any of its obligations hereunder, it being the intention of each Borrower that, so long as any of the obligations evidenced by this Note remain unsatisfied, the obligations of such Borrower under this paragraph shall not be discharged except by performance and then only to the extent of such performance. The obligations of each Borrower under this paragraph shall not be diminished or rendered unenforceable by any winding up, reor...
Further Waivers. The Pledgor hereby waives presentment, demand, and protest (to the fullest extent permitted by applicable law) of any kind in connection with this Agreement or any Collateral. Except notices which are expressly provided for herein, the Pledgor hereby waives notice (to the fullest extent permitted by applicable law) of any kind in connection with this Agreement. The Pledgor hereby further waives any claims of any nature whatsoever against the Secured Party (and its respective officers, employees, agents, nominees, counsel and each of them) arising out of or related to the sale or transfer of the Collateral, or any part thereof, in accordance with this Agreement or applicable law, notwithstanding that such sale or transfer occurred at such time or in such a manner as to directly or indirectly decrease the purchase price required to be paid for the Collateral. The Pledgor hereby consents to, and waives any claim by reason of, any sale or other disposition pursuant to this Agreement of the economic rights to receive payments and distributions from the Company under Section 4(a) separate from any managerial rights of the Pledgor as a member and manager of the Company.
Further Waivers. Each Borrower and Subsidiary Guarantor intentionally, freely, irrevocably and unconditionally waives and relinquishes all rights which may be available to it under any provision of California law or under any California judicial decision, including, without limitation, Section 580a and 726(b) of the California Code of Civil Procedure, to limit the amount of any deficiency judgment or other judgment which may be obtained against such Borrower and Subsidiary Guarantor under this Agreement to not more than the amount by which the unpaid Obligations exceeds the fair market value or fair value of any real or personal property of such Borrower and Subsidiary Guarantor securing the Obligations, including, without limitation, all rights to an appraisement of, judicial or other hearing on, or other determination of the value of said property. Each Borrower and the Subsidiary Guarantors acknowledges and agrees that, as a result of the foregoing waiver, the Agent or the Lenders may recover from such Borrower or Subsidiary Guarantor an amount which, when combined with the value of any real or personal property foreclosed upon by the Agent (or the proceeds of the sale of which have been received by the Agent and the Lenders) and any sums collected by the Agent and the Lenders from any other Borrower, Subsidiary Guarantor, the other guarantors or other Persons, might temporarily exceed the amount of the Obligations. §37. ACKNOWLEDGMENT OF BENEFITS; EFFECT OF AVOIDANCE PROVISIONS.
Further Waivers. The Pledgor hereby waives presentment, demand, and protest (to the fullest extent permitted by Applicable Law) of any kind in connection with this Agreement or any Pledged Collateral. Except notices which are expressly provided for herein or in any other Transaction Document or required by Applicable Law, the Pledgor hereby waives notice (to the fullest extent permitted by Applicable Law) of any kind in connection with this Agreement. To the fullest extent permitted by Applicable Law, the Pledgor hereby further waives any claims of any nature whatsoever against the Facility Agent (and its directors, shareholders or controlling persons, officers, employees, agents, nominees, counsel and each of them) arising out of or related to the sale or transfer of the Pledged Collateral in accordance with this Agreement and Applicable Law (including that all aspects of the sale are conducted in a commercially reasonable manner), notwithstanding that such sale or transfer occurred at such time or in such a manner as to directly or indirectly decrease the purchase price required to be paid for the Pledged Collateral, other than any claims arising out of or related to the gross negligence or willful misconduct of the Facility Agent (or its directors, shareholders or controlling persons, officers, employees, agents, nominees or counsel).
Further Waivers. Upon written request from a Standstill Party, the Administrative Agent, in consultation with the Steering Committee, may waive the requirements of the Cross-Referenced Covenants incorporated into Section 6 of the Standstill Agreement in order to permit any transactions described in the "Proposed Fourth Amendment Issues" dated March 20, 2003, to the extent that such transaction is not specifically waived in Section 2 above. Any waiver granted pursuant to this Section 4 shall be provided to the Lenders.
Further Waivers. The Pledgor hereby waives presentment, demand, and protest (to the fullest extent permitted by applicable law) of any kind in connection with this Agreement or any Pledged Collateral. Except notices which are expressly provided for herein or in any other Transaction Document, the Pledgor hereby waives notice (to the fullest extent permitted by applicable law) of any kind in connection with this Agreement. To the fullest extent permitted by applicable law, the Pledgor hereby further waives any claims of any nature whatsoever against the Trustee (and its directors, shareholders or controlling persons, officers, employees, agents, nominees, counsel and each of them) arising out of or related to the sale or transfer of the Pledged Collateral in accordance with this Agreement and applicable law, notwithstanding that such sale or transfer occurred at such time or in such a manner as to directly or indirectly decrease the purchase price required to be paid for the Pledged Collateral, other than any claims arising out of or related to the gross negligence or willful misconduct of the Trustee (or its directors, shareholders or controlling persons, officers, employees, agents, nominees or counsel).
Further Waivers. Guarantor waives any right pursuant to any law, rule, arrangement or relationship now or hereafter existing, to require or compel PBE or PBM to (a) proceed against ITGV or ITGPB, as the case may be, or any other guarantor; (b) proceed against or exhaust any security for the Obligations; (c) pursue any other remedy in PBE's or PBM's power whatsoever; and failure of PBE or PBM to do any of the foregoing shall not exonerate, release or discharge Guarantor from its absolute, unconditional and independent liability to PBE or PBM hereunder, or (d) in the event that any property of Guarantor is or may be hypothecated with property of ITGV or ITGPB as security for any of the Obligations, to have such property of ITGV or ITGPB first applied to the discharge of such Obligations.
