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 of personal property security held from any of the Borrowers or any other person, or otherwise comply with the provisions of Section 9504 of the California Uniform Commercial Code; (iv) take any 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 Note Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.
Appears in 3 contracts
Samples: Auto Graphics Inc, Auto Graphics Inc, Auto Graphics 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 of personal property security held from any of the Borrowers Borrower or any other person, or otherwise comply with the provisions of Section 9504 of the California Uniform Commercial Code; (iv) take any 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 Note Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.
Appears in 3 contracts
Samples: Assumption and Amendment Agreement (Nstor Technologies Inc), Agreement (Epitope Inc/Or/), Shoe Pavilion 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 of personal property security held from any of the Borrowers or any other person, or otherwise comply with the provisions of Section 9504 of the California Uniform Commercial Code; (iv) take any 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 Note Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.
Appears in 3 contracts
Samples: Wells Fargo (DVD Express Inc), DVD Express Inc, Rexx Environmental Corp
GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank to: (i) proceed against any of the Borrowers Subsidiaries or any other person; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Subsidiaries or any other person; (iii) (except with respect to Subsidiaries which have been sold by Guarantor) 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 Subsidiaries or any other person, or otherwise comply with the provisions of Section 9504 of the California Uniform Commercial Code; (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 Note Indebtedness guaranteed hereunder, or in connection with the creation of new or additional Indebtedness.
Appears in 1 contract
Samples: Lacrosse Footwear Inc
GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank any Lender Party 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 of personal property security held from any of the Borrowers Borrower or any other person, or otherwise comply with the provisions of Section 9504 of the California Uniform Commercial Code; (iv) take any action or pursue any other remedy in BankAgent's or any other Lender Party's power, ; or (v) make any presentment presentments or demand demands for performance, or give any notice notices of nonperformance, protestprotests, notice notices of protest or notice notices of dishonor hereunder or in connection with any obligations or evidences of indebtedness held by Bank any Lender Party as security for or which constitute in whole or in part the Note Indebtedness guaranteed guarantied hereunder, or in connection with the creation of new or additional Indebtedness.
Appears in 1 contract
Samples: Continuing Security Agreement (Leslies Poolmart Inc)
GUARANTOR'S WAIVERS. (a) Guarantor waives any right to require Bank Xxxxx Fargo to: (i) proceed against any of the Borrowers Borrower, any other guarantor or any other personPerson; (ii) marshal assets or proceed against or exhaust any security held from any of the Borrowers Borrower, any other guarantor 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 any of the Borrowers Borrower, any other guarantor or any other person, or otherwise comply with the provisions of Section 9504 of the California Uniform Commercial CodePerson; (iv) take any other action or pursue any other remedy in Bank's Xxxxx Fargo’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 Obligations held by Bank Xxxxx Fargo as security for or which constitute in whole or in part the Note Indebtedness Obligations guaranteed hereunder, or in connection with the creation of new or additional IndebtednessObligations.
Appears in 1 contract
Samples: Communications Systems Inc