Common use of Waiver and Estoppel Clause in Contracts

Waiver and Estoppel. (a) Subject to the terms of the Collateral Documents, each Grantor agrees, to the extent it may lawfully do so, it will not at any time in any manner whatsoever claim, or take the benefit or advantage of, any appraisement, valuation, stay, extension, moratorium, turnover or redemption law, or any law permitting it to direct the order in which the Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance or enforcement of this Agreement or any Loan Document and hereby waives all benefit or advantage of all such laws and covenants that it will not hinder, delay or impede the execution of any power granted to the Collateral Agent in this Agreement or any Loan Document but will suffer and permit the execution of every such power as though no such law were in force; provided that nothing contained in this Section 2.04(a) shall be construed as a waiver of any rights of the Grantors under any applicable federal bankruptcy law or state insolvency law or any applicable foreign bankruptcy or insolvency law.

Appears in 2 contracts

Samples: Security Agreement (NXT-Id, Inc.), Security Agreement (NXT-Id, Inc.)

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Waiver and Estoppel. (a) Subject to the terms of the Collateral Documents, each Each Grantor agrees, to the extent it may lawfully do so, that it will not at any time in any manner whatsoever claim, or take the benefit or advantage of, any appraisement, valuation, stay, extension, moratorium, turnover or redemption law, or any law permitting it to direct the order in which the Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance or enforcement of this Agreement or any Loan other Security Document and hereby hereby, to the fullest extent permitted by any Applicable Law, waives all benefit or advantage of all such laws and covenants that it will not hinder, delay or impede the execution of any power granted to the Collateral Agent in this Agreement or any Loan other Security Document but will suffer and permit the execution of every such power as though no such law were in force; provided that nothing contained in this Section 2.04(a2.7(a) shall be construed as a waiver of any rights of the Grantors under any applicable federal bankruptcy law or state insolvency law or any applicable foreign bankruptcy or insolvency lawBankruptcy Law.

Appears in 2 contracts

Samples: Collateral Agency and Intercreditor Agreement (FS Energy & Power Fund), Collateral Agency and Intercreditor Agreement (American Capital, LTD)

Waiver and Estoppel. (a) Subject to the terms of the Collateral Documents, each Each Grantor agrees, to the extent it may lawfully do so, that it will not at any time in any manner whatsoever claim, or take the benefit or advantage of, any appraisement, valuation, stay, extension, moratorium, turnover or redemption law, or any law permitting it to direct the order in which the Shared Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance or enforcement of this Agreement or any Loan Shared Collateral Security Document and hereby waives all benefit or advantage of all such laws and covenants that it will not hinder, delay or impede the execution of any power granted to the Collateral Agent in this Agreement or any Loan Shared Collateral Security Document but will suffer and permit the execution of every such power as though no such law were in force; provided that nothing contained in this Section 2.04(a2.6(a) shall be construed as a waiver of any rights of the Grantors under any applicable federal bankruptcy law or state insolvency law or any applicable foreign bankruptcy or insolvency law.

Appears in 2 contracts

Samples: Collateral Agreement (SPX Corp), Reimbursement Agreement (SPX Corp)

Waiver and Estoppel. (a) Subject to the terms of the Collateral Documents, each Each Grantor agrees, to the extent it may lawfully do so, that it will not at any time in any manner whatsoever claim, or take the benefit or advantage of, any appraisement, valuation, stay, extension, moratorium, turnover or redemption law, or any law permitting it to direct the order in which the Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance or enforcement of this Agreement or any Loan other Security Document and hereby waives waives, to the extent permitted by law, all benefit or advantage of all such laws and covenants that it will not hinder, delay or impede the execution of any power granted to the Collateral Agent in this Agreement or any Loan other Security Document but will suffer and permit the execution of every such power as though no such law were in force; provided that nothing contained in this Section 2.04(a2.08(a) shall be construed as a waiver of any rights of the Grantors under any applicable federal bankruptcy law or state insolvency law or any applicable foreign bankruptcy or insolvency law.

Appears in 1 contract

Samples: Collateral Sharing Agreement (Fisher Scientific International Inc)

Waiver and Estoppel. (a) Subject to the terms of the Collateral Documents, each Grantor Each Obligor agrees, to the extent it may ------------------- lawfully do so, that it will not at any time in any manner whatsoever claim, or take the benefit or advantage of, any appraisement, valuation, stay, extension, moratorium, turnover or redemption law, or any law permitting it to direct the order in which the Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance or enforcement of this Trust Agreement or any Loan Trust Security Document and hereby waives all benefit or advantage of all such laws and covenants that it will not hinder, delay or impede the execution of any power granted to the Collateral Agent Trustee in this Trust Agreement or any Loan Trust Security Document but will suffer and permit the execution of every such power as though no such law were in force; provided that nothing contained in this Section 2.04(asubsection 2.7(a) shall be construed as a waiver of any rights of the Grantors Obligors under any applicable federal bankruptcy law or state insolvency law or any applicable foreign bankruptcy or insolvency law.

Appears in 1 contract

Samples: Trust Agreement (Federal Mogul Corp)

Waiver and Estoppel. (a) Subject to the terms of the Collateral Loan Documents, each Grantor Pledgor agrees, to the extent it may lawfully do so, that it will not at any time in any manner whatsoever claim, or take the benefit or advantage of, any appraisement, valuation, stay, extension, moratorium, turnover or redemption law, or any law permitting it to direct the order in which the Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance or enforcement of this Agreement or any Loan Document and hereby waives all benefit or advantage of all such laws and covenants that it will not hinder, delay or impede the execution of any power granted to the Collateral Agent in this Agreement or any Loan Document but will suffer and permit the execution of every such power as though no such law were in force; provided that nothing contained in this Section 2.04(a15(a) shall be construed as a waiver of any rights of the Grantors Pledgors under any applicable federal bankruptcy law or state insolvency law or any applicable foreign bankruptcy or insolvency law.

Appears in 1 contract

Samples: Pledge Agreement (Lifepoint Health, Inc.)

Waiver and Estoppel. (a) Subject to the terms of the Collateral Documents, each Grantor Each Obligor agrees, to the extent it ------------------------- may lawfully do so, that it will not at any time in any manner whatsoever claim, or take the benefit or advantage of, any appraisement, valuation, stay, extension, moratorium, turnover or redemption law, or any law permitting it to direct the order in which the Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance or enforcement of this Trust Agreement or any Loan Trust Security Document and hereby waives all benefit or advantage of all such laws and covenants that it will not hinder, delay or impede the execution of any power granted to the Collateral Agent Trustee in this Trust Agreement or any Loan Trust Security Document but will suffer and permit the execution of every such power as though no such law were in force; provided -------- that nothing contained in this Section 2.04(asubsection 2.7(a) shall be construed as a waiver of any rights of the Grantors Obligors under any applicable federal bankruptcy law or state insolvency law or any applicable foreign bankruptcy or insolvency law.

Appears in 1 contract

Samples: Trust Agreement (Federal Mogul Corp)

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Waiver and Estoppel. (a) Subject to the terms of the Collateral Documents, each Each Grantor agrees, to the extent it may lawfully do so, that it will not at any time in any manner whatsoever claim, or take the benefit or advantage of, any appraisement, valuation, stay, extension, moratorium, turnover or redemption law, or any law permitting it to direct the order in which the Collateral Shared Property or the Non-Shared Property shall be sold, now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance or enforcement of this Agreement or any Loan other Security Document and hereby waives all benefit or advantage of all such laws and covenants that it will not hinder, delay or impede the execution of any power granted to the Collateral Agent in this Agreement or any Loan other Security Document but will suffer and permit the execution of every such power as though no such law were in force; provided that nothing contained in this Section 2.04(a9.6(a) shall be construed as a waiver of any rights of the Grantors under any applicable federal bankruptcy law or state insolvency law or any applicable foreign bankruptcy or insolvency law.

Appears in 1 contract

Samples: Collateral and Collateral Trust Agreement (Kerr McGee Corp /De)

Waiver and Estoppel. (a) Subject to the terms of the Collateral Documents, each Each Grantor agrees, to the extent it may lawfully do so, that it will not at any time in any manner whatsoever claim, or take the benefit or advantage of, any appraisement, valuation, stay, extension, moratorium, turnover or redemption law, or any law permitting it to direct the order in which the Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance or enforcement of this Agreement or any Loan other Trust Security Document and hereby hereby, to the fullest extent permitted by any Applicable Law, waives all benefit or advantage of all such laws and covenants that it will not hinder, delay or impede the execution of any power granted to the Collateral Agent Trustee in this Agreement or any Loan other Trust Security Document but will suffer and permit the execution of every such power as though no such law were in force; provided that nothing contained in this Section 2.04(a2.7(a) shall be construed as a waiver of any rights of the Grantors under any applicable federal bankruptcy law or state insolvency law or any applicable foreign bankruptcy or insolvency lawBankruptcy Law.

Appears in 1 contract

Samples: Collateral Trust and Intercreditor Agreement (American Capital, LTD)

Waiver and Estoppel. (a) Subject to the terms of the Collateral Documents, each Grantor Each Obligor agrees, to the extent it ------------------------ may lawfully do so, that it will not at any time in any manner whatsoever claim, or take the benefit or advantage of, any appraisement, valuation, stay, extension, moratorium, turnover or redemption law, or any law permitting it to direct the order in which the Collateral shall be sold, now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance or enforcement of this Trust Agreement or any Loan Trust Security Document and hereby waives all benefit or advantage of all such laws and covenants that it will not hinder, delay or impede the execution of any power granted to the Collateral Agent Trustee in this Trust Agreement or any Loan Trust Security Document but will suffer and permit the execution of every such power as though no such law were in force; provided -------- that nothing contained in this Section 2.04(a2.7(a) shall be construed as a waiver of any rights of the Grantors Obligors under any applicable federal bankruptcy law or state insolvency law or any applicable foreign bankruptcy or insolvency law.

Appears in 1 contract

Samples: Trust Agreement (Federal Mogul Corp)

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