Common use of Waiver by Borrower Clause in Contracts

Waiver by Borrower. Except as otherwise provided for in this Agreement, each Borrower waives (i) notice and consummation of presentment, demand, protest, dishonor, intent to accelerate, acceleration; (ii) all rights to notice and a hearing prior to taking possession or control of, or the Lenders’ replevy, attachment or levy upon, the Collateral; (iii) any bond or security in a judicial proceeding as a condition to the Lenders exercising any of the Lenders’ remedies; and (iv) the benefit of all valuation, appraisement and exemption laws. The failure or delay of any Borrower to strictly enforce the terms of this Agreement shall not be a waiver of such Borrower’s right to do so.

Appears in 3 contracts

Samples: Loan and Security Agreement (DT Credit Company, LLC), Loan and Security Agreement (DriveTime Automotive, Inc.), Loan and Security Agreement (DT Acceptance Corp)

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Waiver by Borrower. Except as otherwise provided for in this Agreement, each Borrower waives waive (ia) notice and consummation of presentment, demand, protest, dishonor, intent to accelerate, acceleration; (iib) all rights to notice and a hearing prior to taking possession or control of, or the Lenders’ replevy, attachment or levy upon, the Collateral; (iiic) any bond or security in a judicial proceeding as a condition to the Lenders Agent exercising any of the Lenders’ its remedies; and (ivd) the benefit of all valuation, appraisement and exemption laws. The failure or delay of any Borrower to strictly enforce the terms of this Agreement shall not be a waiver of such Borrower’s right to do so.

Appears in 2 contracts

Samples: Master Loan Agreement (Carvana Co.), Master Loan Agreement (Carvana Co.)

Waiver by Borrower. Except as otherwise provided for in this Agreement, each Borrower waives (ia) notice and consummation of presentment, demand, protest, dishonor, intent to accelerate, acceleration; (iib) all rights to notice and a hearing prior to taking possession or control of, or the Lenders’ replevy, attachment or levy upon, the Collateral; (iiic) any bond or security in a judicial proceeding as a condition to the Lenders exercising any of the Lenders’ remedies; and (ivd) the benefit of all valuation, appraisement and exemption laws. The failure or delay of any Borrower to strictly enforce the terms of this Agreement shall not be a waiver of such Borrower’s right to do so.

Appears in 1 contract

Samples: Loan and Security Agreement (DT Acceptance Corp)

Waiver by Borrower. Except as otherwise provided for in this Agreement, each Borrower waives (ia) notice and consummation of presentment, demand, protest, dishonor, intent to accelerate, acceleration; (iib) all rights to notice and a hearing prior to taking possession or control of, or the Lenders’ Lender's replevy, attachment or levy upon, the Collateral; (iiic) any bond or security in a judicial proceeding as a condition to the Lenders Lender exercising any of the Lenders’ Lender's remedies; and (ivd) the benefit of all valuation, appraisement and exemption laws. The failure or delay of any Borrower to strictly enforce the terms of this Agreement shall not be a waiver of such Borrower’s 's right to do so.

Appears in 1 contract

Samples: And Security Agreement (DT Acceptance Corp)

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Waiver by Borrower. Except as otherwise provided for in this Agreement, each Borrower Guarantor waives (ia) notice and consummation of presentment, demand, protest, dishonor, intent to accelerate, and acceleration; (iib) all rights to notice and a hearing prior to taking possession or control of, or the Lenders’ replevy, attachment or levy upon, the Collateral; (iiic) any bond or security in a judicial proceeding as a condition to the Lenders exercising any of the Lenders’ remedies; and (ivd) the benefit of all valuation, appraisement and exemption laws. The failure or delay of any Borrower Guarantor to strictly enforce the terms of this Agreement shall not be a waiver of such BorrowerGuarantor’s right to do so.

Appears in 1 contract

Samples: Guaranty and Security Agreement (DT Acceptance Corp)

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