Common use of Notice of Acceptance and Other Waivers Clause in Contracts

Notice of Acceptance and Other Waivers. (a) All ABL Obligations at any time made or incurred by any Borrower or any Guarantor shall be deemed to have been made or incurred in reliance upon this Agreement, and the Second Lien Agent, on behalf of itself and the Second Lien Secured Parties, hereby waives notice of acceptance, or proof of reliance by the ABL Agents or any ABL Secured Party of this Agreement and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the ABL Obligations. All Second Lien Obligations at any time made or incurred by any Borrower or any Guarantor shall be deemed to have been made or incurred in reliance upon this Agreement, and the ABL Agents, on behalf of itself and the ABL Secured Parties, hereby waives notice of acceptance, or proof of reliance, by the Second Lien Agent or any Second Lien Secured Party of this Agreement and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the Second Lien Obligations.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Sears Holdings Corp), Intercreditor Agreement (Sears Holdings Corp), Intercreditor Agreement (Sears Holdings Corp)

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Notice of Acceptance and Other Waivers. (a) All ABL Obligations at any time made or incurred by any the Borrower or any Guarantor other Credit Party shall be deemed to have been made or incurred in reliance upon this Agreement, and the Second Lien each Term Agent, on behalf of itself and the Second Lien Term Secured PartiesParties represented by it, hereby waives notice of acceptance, or proof of reliance by the ABL Agents Agent or any ABL Secured Party of this Agreement Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the ABL Obligations. All Second Lien Term Obligations at any time made or incurred by any the Borrower or any Guarantor other Credit Party shall be deemed to have been made or incurred in reliance upon this Agreement, and the ABL AgentsAgent, on behalf of itself and the ABL Secured Parties, hereby waives notice of acceptance, or proof of reliance, by the Second Lien any Term Agent or any Second Lien Term Secured Party of this Agreement Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the Second Lien Term Obligations.

Appears in 2 contracts

Samples: Security Agreement (Hayward Holdings, Inc.), Security Agreement (Hayward Holdings, Inc.)

Notice of Acceptance and Other Waivers. (a) All ABL First Lien Obligations at any time made or incurred by any the Borrower or any Guarantor shall be deemed to have been made or incurred in reliance upon this Agreement, and the Second Lien Agent, on behalf of itself and the Second Lien Secured Parties, hereby waives notice of acceptance, or proof of reliance reliance, by the ABL Agents First Lien Agent or any ABL First Lien Secured Party of this Agreement Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, creation or non-payment of all or any part of the ABL First Lien Obligations. All Second Lien Obligations at any time made or incurred by any the Borrower or any Guarantor shall be deemed to have been made or incurred in reliance upon this Agreement, and the ABL AgentsFirst Lien Agent, on behalf of itself and the ABL First Lien Secured Parties, hereby waives notice of acceptance, or proof of reliance, by the Second Lien Agent or any Second Lien Secured Party of this Agreement Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, creation or non-payment of all or any part of the Second Lien Obligations.

Appears in 1 contract

Samples: Credit Agreement (Foundation Building Materials, Inc.)

Notice of Acceptance and Other Waivers. (a) All ABL Obligations at any time made or incurred by any Borrower or any Guarantor shall be deemed to have been made or incurred in reliance upon this Agreement, and the Second Lien each Notes Collateral Agent, on behalf of itself and the Second Lien Notes Secured PartiesParties represented by it, hereby waives notice of acceptance, or proof of reliance by the ABL Agents Agent or any ABL Secured Party of this Agreement and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the ABL Obligations. All Second Lien Notes Obligations at any time made or incurred by any Borrower or any Guarantor shall be deemed to have been made or incurred in reliance upon this Agreement, and the ABL AgentsAgent, on behalf of itself and the ABL Secured Parties, hereby waives notice of acceptance, or proof of reliance, by the Second Lien Agent Notes Collateral Agents or any Second Lien Notes Secured Party of this Agreement and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the Second Lien Notes Obligations.. US-DOCS\116541863.10

Appears in 1 contract

Samples: Intercreditor Agreement (Abercrombie & Fitch Co /De/)

Notice of Acceptance and Other Waivers. (a) All ABL Obligations at any time made or incurred by any Borrower or any Guarantor shall be deemed to have been made or incurred in reliance upon this Agreement, and the Second Lien each Term Agent, on behalf of itself and the Second Lien Term Secured PartiesParties represented by it, hereby waives notice of acceptance, or proof of reliance by the ABL Agents Agent or any ABL Secured Party of this Agreement Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the ABL Obligations. All Second Lien Term Obligations at any time made or incurred by any Borrower or any Guarantor shall be deemed to have been made or incurred in reliance upon this Agreement, and the ABL AgentsAgent, on behalf of itself and the ABL Secured Parties, hereby waives notice of acceptance, or proof of reliance, by the Second Lien any Term Agent or any Second Lien Term Secured Party of this Agreement Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the Second Lien Term Obligations.

Appears in 1 contract

Samples: Credit Agreement (Michaels Companies, Inc.)

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Notice of Acceptance and Other Waivers. (a) All ABL Obligations at any time made or incurred by any Borrower or any Guarantor other Credit Party shall be deemed to have been made or incurred in reliance upon this Agreement, and the Second Lien each Term Agent, on behalf of itself and the Second Lien Term Secured PartiesParties represented by it, hereby waives notice of acceptance, or proof of reliance by the ABL Agents Agent or any ABL Secured Party of this Agreement Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the ABL Obligations. All Second Lien Term Obligations at any time made or incurred by any the US Borrower or any Guarantor other Credit Party shall be deemed to have been made or incurred in reliance upon this Agreement, and the ABL AgentsAgent, on behalf of itself and the ABL Secured Parties, hereby waives notice of acceptance, or proof of reliance, by the Second Lien any Term Agent or any Second Lien Term Secured Party of this Agreement Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the Second Lien Term Obligations.

Appears in 1 contract

Samples: Credit Agreement (Hayward Holdings, Inc.)

Notice of Acceptance and Other Waivers. (a) All ABL Obligations at any time made or incurred by any the ABL US Borrower or any Guarantor shall be deemed to have been made or incurred in reliance upon this Agreement, and the Second Lien Term Agent, on behalf of itself and the Second Lien Term Secured Parties, hereby waives notice of acceptance, or proof of reliance reliance, by the ABL Agents Agent or any ABL Secured Party of this Agreement Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the ABL Obligations. All Second Lien Term Obligations at any time made or incurred by any Term Borrower or any Guarantor shall be deemed to have been made or incurred in reliance upon this Agreement, and the ABL AgentsAgent, on behalf of itself and the ABL Secured Parties, hereby waives notice of acceptance, or proof of reliance, by the Second Lien Term Agent or any Second Lien Term Secured Party of this Agreement Agreement, and notice of the existence, increase, renewal, extension, accrual, creation, or non-payment of all or any part of the Second Lien Term Obligations.

Appears in 1 contract

Samples: Intercreditor Agreement (Warnaco Group Inc /De/)

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