Surety Waivers. In the event that either Borrower is deemed to be a guarantor or a surety with respect to the Obligations under this Agreement, then such Borrower shall be deemed to have agreed to the provisions of Sections 7 and 8 of the Master Subsidiary Guaranty.
Surety Waivers. In the event IBI or FFM or both are deemed to be guarantors of all or a portion of the Obligations, then IBI and FFM each agrees as follows:
Surety Waivers. Individual Change Orders or Construction Change Directives as described in the Contract Documents which when combined do not in the aggregate exceed ten percent (10%) of the Guaranteed Maximum Price, shall not be subject to inspection or approval by Contractor’s surety on any performance or labor and material payment bond, whether or not the Change Orders (or Construction Change Directives) encompass “substantial” Changes in the scope of Work undertaken by Contractor. Contractor and/or Owner shall provide notice to the bonding company or companies which are identified as the issuer(s) of the Contractor’s Performance and Payment Bond pursuant to Section 7.18.1 hereof (at the address provided in such Performance and Payment Bond), of the mutual execution of any Change Order that on a net basis increases the Guaranteed Maximum Price, and concurrent with such notice Owner shall provide notice to such bonding companies of the funding sources which Owner intends to utilize for such Change Orders.
Surety Waivers. Each of Holdings and Frontier waives demand, notice, protest, notice of acceptance of this Agreement, notice of payments made, collateral received or delivered or other action taken in reliance hereon and all other demands and notices of any description. With respect to both the Obligations and any collateral provided by either Holdings or Frontier, each assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, comprising or adjusting of any thereof, all in such manner and at such time or times as Member may deem advisable. Member shall have no duty as to the collection or protection of any collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto. Each of Holdings and Frontier further waives any and all other suretyship defenses.
Surety Waivers. This paragraph is included solely out of an abundance of caution, and shall not be construed to mean that any of the above-referenced provisions of California law are in any way applicable to this Agreement or to any of the Obligations, or that CRE is a guarantor hereunder. As used in this paragraph, any reference to “the principal” includes Cadiz, and any reference to “the creditor” includes the Agent and the Lenders. In accordance with Section 2856 of the California Civil Code: (a) CRE unconditionally and irrevocably waives any and all rights and defenses available to it by reason of Sections 2787 to 2855, inclusive, 2899 and 3433 of the California Civil Code; and (b) CRE unconditionally and irrevocably waives any and all rights and defenses available to it by reason of the Obligation being secured by real property or otherwise, including without limitation, any rights and defenses based upon Section 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or other law, which means, among other things, (1) the creditor may collect from CRE without first foreclosing on any real or personal property collateral pledged by the principal, (2) if the creditor forecloses on any real property collateral pledged by the principal, (A) the amount of the Obligations may be reduced only by the price for which that collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price and (B) the creditor may collect from CRE even if the creditor, by foreclosing on the real property collateral, has destroyed any right CRE may have to collect from the principal, and (3) CRE is waiving all rights and defenses arising out of an election of remedies by the creditor, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Obligations, has destroyed CRE’s rights of subrogation and reimbursement against the principal by the operation of Section 580d of the California Code of Civil Procedure or otherwise, and even though that election of remedies by the creditor, such as nonjudicial foreclosure with respect to security for an obligation of any other guarantor of any of the Obligations, has destroyed CRE’s rights of contribution against any other guarantor. No other provision of this Agreement shall be construed as limiting the generality of any of the covenants and waivers set forth in this paragraph.
Surety Waivers. (a) Except to the extent otherwise expressly restricted or prohibited pursuant either the Stock Purchase Agreement or the Note, at any time and in any manner, upon such terms and at such times as it considers best and with or without notice to Pledgor, Lender may alter, compromise, accelerate, extend, or change the time or manner for payment of the indebtedness, increase or reduce the rate of interest thereon, release or add any one or more obligors, guarantors, endorsers or borrower, accept additional or substituted security therefor, or release or subordinate any security therefor, without in any way affecting the security interest of this Agreement or any covenant of Pledgor.
Surety Waivers. Each Borrower may, acting singly, request Advances. Each Borrower appoints the other Borrower as agent for the other for all purposes hereunder, including with respect to requesting Advances hereunder. Each Borrower shall be jointly and severally obligated to repay all Advances made hereunder, regardless of which Borrower actually receives said Advance, as if each Borrower hereunder directly received all Advances. Each Borrower waives (a) any suretyship defenses available to it under the Code or any other applicable law, including, without limitation, the benefit of California Civil Code Section 2815 permitting revocation as to future transactions and the benefit of California Civil Code Sections 1432, 2809, 2810, 2819, 2839, 2845, 2847, 2848, 2849, 2850, and 2899 and 3433, and (b) any right to require Lender to: (i) proceed against any Borrower or any other person; (ii) proceed against or exhaust any security; or (iii) pursue any other remedy. Lender may exercise or not exercise any right or remedy it has against any Borrower or any security it holds (including the right to foreclose by judicial or non-judicial sale) without affecting any Borrower’s liability. Notwithstanding any other provision of this Agreement or other related document, each Borrower irrevocably waives all rights that it may have at law or in equity (including, without limitation, any law subrogating Borrower to the rights of Lender under this Agreement) to seek contribution, indemnification or any other form of reimbursement from any other Borrower, or any other Person now or hereafter primarily or secondarily liable for any of the Obligations, for any payment made by Borrower with respect to the Obligations in connection with this Agreement or otherwise and all rights that it might have to benefit from, or to participate in, any security for the Obligations as a result of any payment made by Borrower with respect to the Obligations in connection with this Agreement or otherwise. Any agreement providing for indemnification, reimbursement or any other arrangement prohibited under this Section shall be null and void. If any payment is made to a Borrower in contravention of this Section, such Borrower shall hold such payment in trust for Lender and such payment shall be promptly delivered to Lender for application to the Obligations, whether matured or unmatured.
Surety Waivers. 34 9.8 Counterparts. . . . . . . . . . . . . . . . . . . . .35 9.9 Severability. . . . . . . . . . . . . . . . . . . . .35 9.10 Integration. . . . . . . . . . . . . . . . . . . . . 35 9.11
Surety Waivers. (a) Except to the extent otherwise expressly restricted or prohibited pursuant to any of the other Loan Documents, at any time and in any manner, upon such terms and at such times as it considers best and with or without notice to Pledgor, Foothill may alter, compromise, accelerate, extend, or change the time or manner for payment of the indebtedness, increase or reduce the rate of interest thereon, release or add any one or more obligors, guarantors, endorsers or Borrower, accept additional or substituted security therefor, or release or subordinate any security therefor, without in any way affecting the security interest of this Pledge Agreement or any covenant of Pledgor.
Surety Waivers. Mortgagor agrees that no acceleration of the maturity of the Obligations, no renewal, extension or rearrangement of or any other indulgence with respect to the Obligations, no change in the place or manner of payment of or other change in the terms of the Obligations, no release of or substitution for any security or other guaranty now or hereafter held by Mortgagee for payment of the Obligations, no release of any person liable for payment or purchase of the Obligations, including, without limitation, any maker, endorser, guarantor or surety (any such other person is referred to herein as an "Other Liable Party"), no delay in enforcement of payment of the Obligations and no delay or omission or lack of dili gence or care in exercising any right or power with respect to the Obligations or any security therefor or guaranty thereof, shall in any manner impair or affect the rights of Mortgagee or the obligations, duties and liabilities of Mortgagor hereunder. Mortgagor agrees that it shall not be necessary or required that Mortgagee make demand for payment upon any Other Liable Party or present the Obligations for payment by any Other Liable Party or make protest thereof or give notice to any Other Liable Party of maturity or nonpayment of the Obligations by any Other Liable Party or file suit or proceed to obtain or assert a claim for personal judgment against any Other Liable Party for the Obligations or make any effort at collection of the Obligations or exercise or assert any other right or remedy to which Mortgagee is or may be entitled in connection with the Obligations or any security therefor or assert or file at any time any claim against the assets or estate of any Other Liable Party as a condition of enforcing this instrument. Mortgagor waives any right to the benefit of or to require or control application of any Collateral now existing or hereafter obtained by Mortgagee as security for the Obligations and agrees that Mortgagee shall have no duty insofar as Mortgagor is concerned to apply upon any of the Obligations, any money, payments or other property at any time received by or paid to or in the possession of Mortgagee. Mortgagor agrees that except for the gross negligence or willful misconduct of Mortgagee, Mortgagor shall have no recourse or action against Mortgagee by reason of any action Mortgagee may take or omit to take in connection with the Obligations or the collection of any sums or amounts herein mentioned, or in connection with any ...
