Common use of Specific Waivers Clause in Contracts

Specific Waivers. 15.20.1. Each Borrower waives (i) the right to trial by jury (which each Agent and each Lender hereby also waives) in any action, suit, proceeding or counterclaim of any kind arising out of or related to any of the Credit Documents, the Obligations or the Collateral; (ii) presentment, demand and protest and notice of presentment, protest, default, non payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which such Borrower may in any way be liable and hereby ratifies and confirms whatever Agent may do in this regard; (iii) notice prior to taking possession or control of the Collateral or any bond or security which might be required by any court prior to allowing Agent to exercise any of such Agent's remedies; (iv) the benefit of all valuation, appraisement and exemption laws; and (v) notice of acceptance hereof. Each Borrower acknowledges that the foregoing waivers are a material inducement to each Agent's and each Lender's entering into this Agreement and that Agent and Lenders are relying upon the foregoing waivers in its future dealings with such Borrower. Each Borrower warrants and represents that it has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the Court. 15.20.2. The parties to this Agreement expressly waive and agree to forego any right under Applicable Law to recover punitive, exemplary, loss profits, consequential or similar damages in any arbitration, action, suit or other proceeding involving a controversy or claim arising out of or relating to any of the Credit Documents or any of the transactions contemplated thereby. 15.20.3. Each Borrower waives any and all rights and defenses such Borrower may have because any of the Obligations are secured by real Property. This means, among other things: (i) Agent and Lenders may collect from such Borrower without first resorting to any Collateral, and (ii) if the Agent forecloses on any Collateral constituting real Property, (a) the amount of the Obligations may be reduced only by the price for which such Collateral is sold at the foreclosure sale, even if such Collateral is worth more than the sale price, and (b) Agent and Lenders may collect from such Borrower even if the Agent, by foreclosing on such real Property, have extinguished any right each Borrower may have to collect from the other such Borrower.

Specific Waivers. 15.20.1. Each Borrower Without limiting the generality of any other provision of this Guaranty, Guarantor hereby expressly waives (i) except to the right to trial by jury (which each Agent and each Lender hereby also waives) extent provided otherwise in any action, suit, proceeding or counterclaim of any kind arising out of or related to any Loan Document): a. notice of the Credit Documents, the Obligations or the Collateral; (ii) presentment, demand and protest and acceptance by Agent of this Guaranty; b. notice of presentmentthe existence, protestcreation, default, non payment, maturitynonpayment, release, compromise, settlement, extension performance or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which such Borrower may in any way be liable and hereby ratifies and confirms whatever Agent may do in this regard; (iii) notice prior to taking possession or control of the Collateral or any bond or security which might be required by any court prior to allowing Agent to exercise any of such Agent's remedies; (iv) the benefit nonperformance of all valuation, appraisement and exemption laws; and (v) notice of acceptance hereof. Each Borrower acknowledges that the foregoing waivers are a material inducement to each Agent's and each Lender's entering into this Agreement and that Agent and Lenders are relying upon the foregoing waivers in its future dealings with such Borrower. Each Borrower warrants and represents that it has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the Court. 15.20.2. The parties to this Agreement expressly waive and agree to forego any right under Applicable Law to recover punitive, exemplary, loss profits, consequential or similar damages in any arbitration, action, suit or other proceeding involving a controversy or claim arising out of or relating to any of the Credit Documents or any of the transactions contemplated thereby.Liabilities; 15.20.3. Each c. presentment, demand, notice of dishonor, protest, notice of protest, notice of intent to accelerate, notice of acceleration, and all other notices whatsoever with respect to the payment or performance of the Liabilities or the amount thereof or any payment or performance by Guarantor hereunder; d. all diligence in collection or protection of or realization upon the Liabilities or any thereof, any obligation hereunder or any security for or guaranty of any of the foregoing; e. any right to direct or affect the manner or timing of Agent’s enforcement of its rights or remedies; f. any defense, right of set-off or other claim whatsoever (other than payment in full and performance in full of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Loan Documents) that any Borrower waives or any third party may or might have to the payment or performance of the Liabilities; g. any and all rights defenses which would otherwise arise upon the occurrence of any event or contingency described in Paragraph 1 hereof or upon the taking of any action by Agent permitted hereunder; h. any defense, right of set-off, claim or counterclaim whatsoever (other than payment and defenses such Borrower may have because any performance in full or part of all of the Obligations are secured by real Property. This means, among other things: (i) Agent and Lenders may collect from such Borrower without first resorting to Liabilities after any Collateraltermination of the Credit Agreement in accordance with the terms of the Loan Documents), and (ii) if the any and all other rights, benefits, protections and other defenses which Guarantor may have, against Agent forecloses on now or at any Collateral constituting real Propertytime hereafter, (a) the amount to full payment or performance of the Obligations Liabilities pursuant to the terms of this Guaranty; and i. all other principles or provisions of law, if any, that conflict with the terms of this Guaranty, including, without limitation, the effect of any circumstances that may be reduced only by the price for which such Collateral is sold at the foreclosure sale, even if such Collateral is worth more than the sale price, and (b) Agent and Lenders may collect from such Borrower even if the Agent, by foreclosing on such real Property, have extinguished any right each Borrower may have to collect from the other such Borroweror might constitute a legal or equitable discharge of a guarantor or surety.

Specific Waivers. 15.20.1. Each To the fullest extent permitted by Applicable Law, PLC and each Borrower waives waive (i) the right to trial by jury (which each Agent and each Lender hereby also waives) in any action, suit, proceeding or counterclaim of any kind arising out of or related to any of the Credit Loan Documents, the Obligations or the Collateral; (ii) presentment, demand and protest and notice of presentment, protest, default, non payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which such either Borrower may in any way be liable and hereby ratifies and confirms whatever Agent may do in this regard; (iii) notice prior to taking possession or control of the Collateral or any bond or security which might be required by any court prior to allowing Agent to exercise any of such Agent's remedies; (iv) the benefit of all valuation, appraisement and exemption laws; (v) any claim against Agent or any Lender, on any theory of liability, for special, indirect, consequential, or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, any of the Loan Documents, any transaction thereunder or the use of the proceeds of any Loans; and (vvi) notice of acceptance hereof. Each PLC and each Borrower acknowledges acknowledge that the foregoing waivers are a material inducement to each Agent's and each Lender's entering into this Agreement and that Agent and Lenders are relying upon the foregoing waivers in its future dealings with such BorrowerPLC and Borrowers. Each Borrower warrants PLC and represents Borrowers each warrant and represent that it has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the Court. 15.20.2. The parties to this Agreement expressly waive and agree to forego any right under Applicable Law to recover punitive, exemplary, loss profits, consequential or similar damages in any arbitration, action, suit or other proceeding involving a controversy or claim arising out of or relating to any of the Credit Documents or any of the transactions contemplated thereby. 15.20.3. Each Borrower waives any and all rights and defenses such Borrower may have because any of the Obligations are secured by real Property. This means, among other things: (i) Agent and Lenders may collect from such Borrower without first resorting to any Collateral, and (ii) if the Agent forecloses on any Collateral constituting real Property, (a) the amount of the Obligations may be reduced only by the price for which such Collateral is sold at the foreclosure sale, even if such Collateral is worth more than the sale price, and (b) Agent and Lenders may collect from such Borrower even if the Agent, by foreclosing on such real Property, have extinguished any right each Borrower may have to collect from the other such Borrower.