Common use of Suretyship Waivers and Consents Clause in Contracts

Suretyship Waivers and Consents. (a) The obligations of each Borrower ------------------------------- are independent of the obligations of all of the other Borrowers. Each Borrower expressly waives any right to require Lender to proceed against any other Borrower, to proceed against or exhaust any Collateral or any other security for the Liabilities or to pursue any remedy Lender may have at any time. Each Borrower agrees that Lender may proceed against any one or more of the Borrowers and/or the Collateral in such order and manner as Lender shall determine in its sole and absolute discretion. A separate action or actions may be brought and prosecuted against any one or more of the Borrowers whether an action is brought or prosecuted against any other Borrower or with respect to any Collateral or whether any other Person shall be joined in any such action or actions. Each Borrower expressly waives the benefit of any statute(s) of limitations affecting its liability under this Agreement or the Ancillary Documents or the enforcement of the Liabilities or any rights of Lender created or granted under this Agreement or the Ancillary Documents. Lender's rights hereunder and under the Ancillary Documents shall be reinstated and revived, and the obligations and liability of each Borrower hereunder and thereunder shall continue, with respect to any amount at any time paid on account of the Liabilities which thereafter shall be required to be restored or returned by Lender upon the bankruptcy, insolvency or reorganization of any Borrower, or otherwise, all as though such amount had not been paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Intellisys Group Inc)

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Suretyship Waivers and Consents. (ai) The obligations of each Borrower ------------------------------- Grantor are independent of the obligations of all of the each other BorrowersGrantor. Each Borrower Grantor expressly waives any right to require Lender Purchaser to proceed against any other BorrowerGrantor, to proceed against or exhaust any Pledged Collateral or any other security for the Liabilities Obligations to Purchaser or to pursue any remedy Lender Purchaser may have at any time. Each Borrower Grantor agrees that Lender Purchaser may proceed against any one or more of the Borrowers Grantor and/or the Pledged Collateral in such order and manner as Lender Purchaser shall determine in its sole and absolute discretion. A separate action or actions may be brought and prosecuted against any one or more of the Borrowers Grantor whether an action is brought or prosecuted against any other Borrower Grantor or with respect to any Pledged Collateral or whether any other Person person shall be joined in any such action or actions. Each Borrower Grantor expressly waives the benefit of any statute(s) statute of limitations affecting its liability under this Pledge Agreement or the Ancillary Documents or the enforcement of the Liabilities Obligations to Purchaser or any rights of Lender Purchaser created or granted under this Pledge Agreement or the Ancillary DocumentsPurchase Agreement. LenderPurchaser's rights hereunder and under the Ancillary Documents shall be reinstated and revived, and the obligations and liability of each Borrower Grantor hereunder and thereunder shall continue, with respect to any amount at any time paid on account of the Liabilities Obligations to Purchaser which thereafter shall be required to be restored or returned by Lender Purchaser upon the bankruptcy, insolvency or reorganization of any BorrowerGrantor, or otherwise, all as though such amount had not been paid.

Appears in 1 contract

Samples: Stock Pledge Agreement (General Finance CORP)

Suretyship Waivers and Consents. (a) The obligations of each Borrower ------------------------------- Grantor are independent of the obligations of all of the each other BorrowersGrantor. Each Borrower Grantor expressly waives any right to require Lender Purchaser to proceed against any other BorrowerGrantor, to proceed against or exhaust any Collateral or any other security for the Liabilities Obligations to Purchaser or to pursue any remedy Lender Purchaser may have at any time. Each Borrower Grantor agrees that Lender Purchaser may proceed against any one or more of the Borrowers Grantor and/or the Collateral in such order and manner as Lender Purchaser shall determine in its sole and absolute discretion. A separate action or actions may be brought and prosecuted against any one or more of the Borrowers Grantor whether an action is brought or prosecuted against any other Borrower Grantor or with respect to any Collateral or whether any other Person person shall be joined in any such action or actions. Each Borrower Grantor expressly waives the benefit of any statute(s) statute of limitations affecting its liability under this Agreement or the Ancillary Documents or the enforcement of the Liabilities Obligations to Purchaser or any rights of Lender Purchaser created or granted under this Agreement or the Ancillary DocumentsPurchase Agreement. LenderPurchaser's rights hereunder and under the Ancillary Documents shall be reinstated and revived, and the obligations and liability of each Borrower Grantor hereunder and thereunder shall continue, with respect to any amount at any time paid on account of the Liabilities Obligations to Purchaser which thereafter shall be required to be restored or returned by Lender Purchaser upon the bankruptcy, insolvency or reorganization of any BorrowerGrantor, or otherwise, all as though such amount had not been paid.

Appears in 1 contract

Samples: Security Agreement (General Finance CORP)

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Suretyship Waivers and Consents. (a) The obligations Obligations of each Borrower ------------------------------- are independent of the obligations Obligations of all of the each other BorrowersBorrower. Each Borrower expressly waives all suretyship rights and defenses, including any right to require Lender to proceed against any other Borrower, to proceed against or exhaust any Collateral or any other security for the Liabilities Obligations or to pursue any remedy Lender may have at any time. Each Borrower agrees that Lender may proceed against any one or more of the Borrowers Borrower and/or the Collateral in such order and manner as Lender shall determine in its sole and absolute discretion. A separate action or actions may be brought and prosecuted against any one or more of the Borrowers whether an action is brought or prosecuted against any other Borrower or with respect to any Collateral or whether any other Person person shall be joined in any such action or actions. Each Borrower expressly waives the benefit of any statute(s) of limitations affecting its liability under this Agreement or the Ancillary Documents or the enforcement of the Liabilities Obligations or any rights of Lender created or granted under this Agreement or the Ancillary DocumentsAgreement. Lender's rights hereunder and under the Ancillary Documents shall be reinstated and revived, and the obligations and liability of each Borrower hereunder and thereunder shall continue, with respect to any amount at any time paid on account of the Liabilities Obligations which thereafter shall be required to be restored or returned by Lender upon the bankruptcy, insolvency or reorganization of any Borrower, or otherwise, all as though such amount had not been paid.

Appears in 1 contract

Samples: Loan and Security Agreement (For Better Living Inc)

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