Common use of Prejudgment Remedy Waiver Clause in Contracts

Prejudgment Remedy Waiver. Grantor acknowledges that this Agreement, the Purchase Agreement and the Note evidence a commercial transaction and that it could, under certain circumstances have the right, to notice of and hearing on the right of the Secured Party to obtain a prejudgment remedy, such as attachment, garnishment and/or replevin, upon commencing any litigation against Grantor. Notwithstanding, Grantor hereby waives all rights to notice, judicial hearing or prior court order to which it might otherwise have the right under any state or federal statute or constitution in connection with the obtaining by the Secured Party of any prejudgment remedy by reason of this Agreement, the Purchase Agreement, the Note or by reason of the Obligations or any renewals or extensions of the same. Grantor also waives any and all objection which it might otherwise assert, now or in the future, to the exercise or use by the Secured Party of any right of setoff, repossession or self help as may presently exist under statute or common law.

Appears in 2 contracts

Samples: Security Agreement (Vertel Corp), Security Agreement (Vertel Corp)

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Prejudgment Remedy Waiver. Grantor acknowledges that this Agreement, the Purchase Agreement and the Note Notes evidence a commercial transaction and that it could, under certain circumstances have the right, to notice of and hearing on the right of the Secured Party Parties to obtain a prejudgment remedy, such as attachment, garnishment and/or replevin, upon commencing any litigation against Grantor. Notwithstanding, Grantor hereby waives all rights to notice, judicial hearing or prior court order to which it might otherwise have the right under any state or federal statute or constitution in connection with the obtaining by the Secured Party Parties of any prejudgment remedy by reason of this Agreement, the Purchase Agreement, the Note Notes or by reason of the Obligations or any renewals or extensions of the same. Grantor also waives any and all objection which it might otherwise assert, now or in the future, to the exercise or use by the Secured Party Parties of any right of setoff, repossession or self help as may presently exist under statute or common law.. [Signature page follows]

Appears in 1 contract

Samples: 4 Security Agreement (Vertel Corp)

Prejudgment Remedy Waiver. Grantor acknowledges that this Agreement, the Purchase Agreement and the Note Notes evidence a commercial transaction and that it could, under certain circumstances have the right, to notice of and hearing on the right of the Secured Party Parties to obtain a prejudgment remedy, such as attachment, garnishment and/or replevin, upon commencing any litigation against Grantor. Notwithstanding, Grantor hereby waives all rights to notice, judicial hearing or prior court order to which it might otherwise have the right under any state or federal statute or constitution in connection with the obtaining by the Secured Party Parties of any prejudgment remedy by reason of this Agreement, the Purchase Agreement, the Note Notes or by reason of the Obligations or any renewals or extensions of the same. Grantor also waives any and all objection which it might otherwise assert, now or in the future, to the exercise or use by the Secured Party Parties of any right of setoff, repossession or self help as may presently exist under statute or common law.

Appears in 1 contract

Samples: Security Agreement (Vertel Corp)

Prejudgment Remedy Waiver. Grantor acknowledges that this Agreement, the Purchase Agreement and the Note Notes evidence a commercial transaction and that it could, under certain circumstances have the right, to notice of and hearing on the right of the Secured Party to obtain a prejudgment remedy, such as attachment, garnishment and/or replevin, upon commencing any litigation against Grantor. Notwithstanding, Grantor hereby waives all rights to notice, judicial hearing or prior court order to which it might otherwise have the right under any state or federal statute or constitution in connection with the obtaining by the Secured Party of any prejudgment remedy by reason of this Agreement, the Purchase AgreementNotes, the Note or by reason of the Obligations or any renewals or extensions of the same. Grantor also waives any and all objection which it might otherwise assert, now or in the future, to the exercise or use by the Secured Party of any right of setoff, repossession or self help as may presently exist under statute or common law.

Appears in 1 contract

Samples: Security Agreement (P Com Inc)

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Prejudgment Remedy Waiver. Grantor acknowledges that this Agreement, the Purchase Exchange Agreement and the Note Notes evidence a commercial transaction and that it could, under certain circumstances have the right, to notice of and hearing on the right of the Secured Party to obtain a prejudgment remedy, such as attachment, garnishment and/or replevin, upon commencing any litigation against Grantor. Notwithstanding, Grantor hereby waives all rights to notice, judicial hearing or prior court order to which it might otherwise have the right under any state or federal statute or constitution in connection with the obtaining by the Secured Party of any prejudgment remedy by reason of this Agreement, the Purchase Agreement, the Note Notes or by reason of the Obligations or any renewals or extensions of the same. Grantor also waives any and all objection objection, which it might otherwise assert, now or in the future, to the exercise or use by the Secured Party of any right of setoff, repossession or self help as may presently exist under statute or common law.

Appears in 1 contract

Samples: Security Agreement (VistaGen Therapeutics, Inc.)

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