Common use of GUARANTOR'S WAIVERS Clause in Contracts

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers or any other person; (iv) take any other action or pursue any other remedy in Bank's power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 8 contracts

Samples: Continuing Guaranty (CUI Global, Inc.), Continuing Guaranty (MGP Ingredients Inc), S&W Seed Co

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GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers Borrower or any other person; (iv) take any other action or pursue any other remedy in Bank's ’s power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 5 contracts

Samples: Credit Agreement (Plantronics Inc /Ca/), Credit Agreement (Linear Technology Corp /Ca/), Credit Agreement (Marcus & Millichap, Inc.)

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank WFBC to: (i) proceed against any of the Borrowers Obligor or any other personPerson; (ii) marshal assets or proceed against or exhaust any security held from granted by any of the Borrowers Obligor or any other personPerson; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from granted by any of the Borrowers Obligor or any other personPerson; (iv) take any other action or pursue any other remedy in Bank's WFBC’s power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank WFBC as security for or which constitute in whole or in part the Indebtedness Obligations guaranteed hereunder, or in connection with the creation of new or additional IndebtednessObligations.

Appears in 5 contracts

Samples: Continuing Guaranty (Corporate Resource Services, Inc.), Continuing Guaranty (Corporate Resource Services, Inc.), Continuing Guaranty (Corporate Resource Services, Inc.)

GUARANTOR'S WAIVERS. (a) 6.1 Guarantor waives any right to require Bank to: (ia) proceed against any of the Borrowers or any other person; (iib) marshal assets or proceed against or exhaust any security held from any of the Borrowers or any other person; (iiic) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers or any other person; (ivd) take any other action or pursue any other remedy in Bank's power; or (ve) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 5 contracts

Samples: Medtox Scientific Inc, Sunpower Corp, Microtel International Inc

GUARANTOR'S WAIVERS. (a) 6.1 Guarantor waives any right to require Bank to: (ia) proceed against any of the Borrowers or any other person; (iib) marshal assets or proceed against or exhaust any security held from any of the Borrowers or any other person; (iiic) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers or any other person; (ivd) take any other action or pursue any other remedy in Bank's ’s power; or (ve) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 4 contracts

Samples: S&W Seed Co, S&W Seed Co, S&W Seed Co

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security security, if any, held from any of the Borrowers Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security security, if any, held from any of the Borrowers Borrower or any other person; (iv) take any other action or pursue any other remedy in Bank's power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security security, if any, for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 3 contracts

Samples: Continuing Guaranty (Intermec, Inc.), Continuing Guaranty (Intermec, Inc.), Continuing Guaranty (Intermec, Inc.)

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers Borrower or any other person, or otherwise comply with the provisions of A.R.S. Section 47-9504; (iv) take any other action or pursue any other remedy in Bank's power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 3 contracts

Samples: Schuff International Inc, Schuff International Inc, Schuff International Inc

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers Borrower or any other person; (iv) take any other action or pursue any other remedy in Bank's power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 3 contracts

Samples: Credit Agreement (Plantronics Inc /Ca/), Credit Agreement (Chegg, Inc), MWI Veterinary Supply, Inc.

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers or any other person; (iv) take any other action or pursue any other remedy in Bank's ’s power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 3 contracts

Samples: Continuing Guaranty (MGP Ingredients Inc), Lindsay Corp, Sunpower Corp

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers or any other person; (iv) take any other action or pursue any other remedy in Bank's ’s power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 2 contracts

Samples: Continuing Guaranty (Global Water Resources, Inc.), Global Water Resources, Inc.

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers Borrower or any other person; (iv) take any other action or pursue any other remedy in Bank's ’s power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 2 contracts

Samples: Tilly's, Inc., Tilly's, Inc.

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank <Name Redacted> to: (i) proceed against any of the Borrowers Company or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of granted by the Borrowers Company or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of real or personal property security held from any of granted by the Borrowers Company or any other person; (iv) take any other action or pursue any other remedy in Bank's <Name Redacted>’s power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank <Name Redacted> as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Tanzanian Royalty Exploration Corp), Continuing Guaranty (Tanzanian Royalty Exploration Corp)

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers Borrower or any other person, or otherwise comply with the provisions of A.R.S. section 47-9504; (iv) take any other action or pursue any other remedy in Bank's power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 1 contract

Samples: Security Agreement (Schuff International Inc)

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank Agent, on behalf of Lenders, to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers granted by Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers granted by Borrower or any other person; (iv) take any other action or pursue any other remedy in Bank's Agent’s power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank Agent, on behalf of Lenders, as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 1 contract

Samples: Continuing Guaranty (Blonder Tongue Laboratories Inc)

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GUARANTOR'S WAIVERS. (a) Each Guarantor waives any right to require Bank Lender to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers Borrower or any other person; (iv) take any other action or pursue any other remedy in BankLender's power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank Lender as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 1 contract

Samples: Turtle Beach Corp

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers or any other person; (iv) take any other action or pursue any other remedy in Bank's ’s power; or (v) make any presentment or demand for performance, or give any notices of any kind, including without limitation, any notice of nonperformance, protest, notice of protest protest, notice of dishonor, notice of intention to accelerate or notice of dishonor acceleration hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 1 contract

Samples: Us Home Systems Inc

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank MidCap to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers granted by Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers granted by Borrower or any other person; (iv) take any other action or pursue any other remedy in BankMidCap's power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank MidCap as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 1 contract

Samples: Blonder Tongue Laboratories Inc

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrowers, Guarantor or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers Borrowers, Guarantor or any other person; (iv) take any other action or pursue any other remedy in Bank's ’s power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 1 contract

Samples: eTelecare Global Solutions, Inc.

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank the Lender to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers Borrower or any other person; (iv) take any other action or pursue any other remedy in Bankthe Lender's power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank the Lender as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Knight Transportation Inc)

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers Borrower or any other person; (iv) take any other action or pursue any other remedy in Bank's power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 1 contract

Samples: Continuing Guaranty (Horsehead Holding Corp)

GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers Borrower or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrower or any other person; (iii) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers Borrower or any other person; (iv) take any other action or pursue any other remedy in Bank's ’s power; or (v) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness Obligations guaranteed hereunder, or in connection with the creation of new or additional IndebtednessObligations.

Appears in 1 contract

Samples: Landec Corp \Ca\

GUARANTOR'S WAIVERS. (a) 6.1 Guarantor waives any right to require Bank to: (ia) proceed against any of the Borrowers or any other person; (iib) marshal assets or proceed against or exhaust any security held from any of the Borrowers or any other person; (iiic) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers or any other person; (ivd) take any other action or pursue any other remedy in Bank's ’s power; or (ve) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in In connection with any obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Note Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 1 contract

Samples: Ddi Corp

GUARANTOR'S WAIVERS. (a) 6.1 Guarantor waives any right to require Bank to: (ia) proceed against any of the Borrowers or any other person; (iib) marshal assets or proceed against or exhaust any security held from any of the Borrowers or any other person; (iiic) give notice of the terms, time and place of any public or private sale or other disposition of personal property security held from any of the Borrowers or any other person; (ivd) take any other action or pursue any other remedy in Bank's power; or (va) make any presentment or demand for performance, or give any notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any With arty obligations or evidences of indebtedness held by Bank as security for or which constitute in whole or in part the Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.

Appears in 1 contract

Samples: Incentra Solutions, Inc.

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