Common use of Waiver of Certain Defenses Clause in Contracts

Waiver of Certain Defenses. The Guarantor waives any defense -------------------------- arising by reason of any disability or other defense of the Guaranteed Borrower or the cessation from any cause whatsoever of the liability of the Guaranteed Borrower, whether consensual or arising by operation of law or any bankruptcy, insolvency or debtor relief proceeding, or from any other cause, or any claim that the Guarantor's obligations exceed or are more burdensome than those of the Guaranteed Borrower. The Guarantor waives all rights and defenses arising out of an election of remedies by the Agent, or any Bank, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Guaranteed Obligations, has terminated the Guarantor's rights of subrogation and reimbursement against the Guaranteed Borrower by operation of applicable law, and all rights or defenses the Guarantor may have by reason of protection afforded to the Guaranteed Borrower with respect to the Guaranteed Obligations pursuant to any antideficiency laws or other laws of applicable jurisdiction limiting or discharging the Guaranteed Obligations. The Guarantor waives any benefit of, and any right to participate in, any security or other guaranty now or hereafter held by the Agent or any Bank securing the Guaranteed Obligations.

Waiver of Certain Defenses. The Guarantor waives any defense -------------------------- arising by reason of any disability or other defense of the Guaranteed Borrower or the cessation from any cause whatsoever of the liability of the Guaranteed Borrower, whether consensual or arising by operation of law or any bankruptcy, insolvency or debtor relief proceeding, or from any other cause, or any claim that the Guarantor's obligations exceed or are more burdensome than those of the Guaranteed Borrower. The Guarantor waives all rights and defenses arising out of an election of remedies by the Agent, or any Bank, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Guaranteed Obligations, has terminated the Guarantor's rights of subrogation and reimbursement against the Guaranteed Borrower by operation of applicable law, and all rights or defenses the Guarantor may have by reason of protection afforded to the Guaranteed Borrower with respect to the Guaranteed Obligations pursuant to any antideficiency laws or other laws of applicable jurisdiction limiting or discharging the Guaranteed Obligations. The Guarantor waives any benefit of, and any right to participate in, any security or other guaranty now or hereafter held by the Agent or any Bank securing the Guaranteed Obligations.

Waiver of Certain Defenses. The (a) Each Guarantor waives any defense -------------------------- arising by reason of any disability or other defense of the Guaranteed Borrower Borrower, or the cessation from any cause whatsoever of the liability of the Guaranteed Borrower, whether consensual or arising by operation of law or any bankruptcy, insolvency or debtor relief proceeding, or from any other cause, including any such defense or cessation of liability arising from or as a result of any claim of fraudulent transfer or preference, or any claim that the such Guarantor's obligations exceed or are more burdensome than those of the Guaranteed Borrower. The Each Guarantor waives any defense arising by reason of any statute of limitations affecting the liability of the Borrower. Each Guarantor waives all rights and defenses arising out of an election of remedies by the Agent, Agent or any BankLender, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Guaranteed Obligations, has terminated the destroyed such Guarantor's rights of subrogation and reimbursement against the Guaranteed Borrower by operation of Section 580d of the California Code of Civil Procedure (if applicable) or other applicable law, and all rights or defenses the such Guarantor may have by reason of protection afforded to the Guaranteed Borrower with respect to the Guaranteed Obligations pursuant to any the antideficiency laws or other laws of the State of California (or other applicable jurisdiction jurisdiction) limiting or discharging the Guaranteed Obligations. The Each Guarantor waives any benefit of, and any right to participate in, any security or other guaranty now or hereafter held by the Agent or any Bank Lender securing the Guaranteed Obligations.

Waiver of Certain Defenses. The In addition to the waivers set forth in SECTION 2.3, each Guarantor waives any defense -------------------------- arising by reason of any disability or other defense of the Guaranteed Borrower Company, or the cessation from any cause whatsoever of the liability of the Guaranteed BorrowerCompany, whether consensual or arising by operation of law or any bankruptcy, insolvency or debtor relief proceeding, or from any other cause, or any claim that the such Guarantor's obligations hereunder exceed or are more burdensome than those of the Guaranteed BorrowerCompany. The Each Guarantor waives any defense arising by reason of any statute of limitations affecting the liability of the Company. Each Guarantor waives all rights and defenses arising out of an election of remedies by the Agent, Trustee or any BankHolder, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Guaranteed Indenture Obligations, has terminated the destroyed such Guarantor's rights of subrogation and reimbursement against the Guaranteed Borrower Company by operation of Section 580d of the California Code of Civil Procedure (if applicable) or other applicable law, and all rights or defenses the such Guarantor may have by reason of protection afforded to the Guaranteed Borrower Company with respect to the Guaranteed Indenture Obligations pursuant to any the antideficiency laws or other laws of the State of California (or other applicable jurisdiction jurisdiction) limiting or discharging the Guaranteed Indenture Obligations. The Each Guarantor waives any benefit of, ; and any right to participate in, any security or other guaranty now or hereafter held by the Agent Trustee or any Bank Holder securing the Guaranteed Indenture Obligations.

Waiver of Certain Defenses. The (a) Each Guarantor waives any defense -------------------------- arising by reason of any disability or other defense of the Guaranteed Borrower Borrower, or the cessation from any cause whatsoever of the liability of the Guaranteed Borrower, whether consensual or arising by operation of law or any bankruptcy, insolvency or debtor relief proceeding, or from any other cause, including any such defense or cessation of liability arising from or as a result of any claim of fraudulent transfer or preference, or any claim that the such Guarantor's obligations exceed or are more burdensome than those of the Guaranteed Borrower. The Each Guarantor waives any defense arising by reason of any statute of limitations affecting the liability of Borrower. Each Guarantor waives all rights and defenses arising out of an election of remedies by the Agent, Administrative Agent or any BankLender, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Guaranteed Obligations, has terminated the destroyed such Guarantor's rights of subrogation and reimbursement against the Guaranteed Borrower by operation of Section 580d of the California Code of Civil Procedure (if applicable) or other applicable law, and all rights or defenses the such Guarantor may have by reason of protection afforded to the Guaranteed Borrower with respect to the Guaranteed Obligations pursuant to any the antideficiency laws or other laws of the State of California (or other applicable jurisdiction jurisdiction) limiting or discharging the Guaranteed Obligations. The Each Guarantor waives any benefit of, and any right to participate in, any security or other guaranty now or hereafter held by the Agent or any Bank Lender securing the Guaranteed Obligations.

Waiver of Certain Defenses. The Each Guarantor expressly waives any defense -------------------------- arising by reason of any disability or other defense of the Guaranteed Borrower Borrower, any other Guarantor or the cessation from any cause whatsoever of the liability of the Guaranteed Borrower, any other Guarantor, whether consensual or arising by operation of law or any bankruptcy, insolvency or debtor relief proceeding, or from any other cause, or any claim that any of the Guarantor's Guarantors' obligations exceed or are more burdensome than those of the Guaranteed BorrowerBorrower or any other Guarantor. The Each Guarantor expressly waives all rights and defenses arising out of an election of remedies by the Post-Petition Agent, or any BankLender, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Guaranteed Obligations, has terminated the any Guarantor's rights of subrogation and reimbursement against the Guaranteed Borrower by operation of applicable law, and all rights or defenses the any Guarantor may have by reason of protection afforded to the Guaranteed Borrower with respect to the Guaranteed Obligations pursuant to any antideficiency laws or other laws of applicable jurisdiction limiting or discharging the Guaranteed Obligations. The Each Guarantor expressly waives any benefit of, and any right to participate in, any security or other guaranty (including this Guaranty) now or hereafter held by the Post-Petition Agent or any Bank Lender securing the Guaranteed Obligations.

Waiver of Certain Defenses. The In addition to the waivers set forth in Section 2.3, each Guarantor waives any defense -------------------------- arising by reason of any disability or other defense of the Guaranteed Borrower Company, or the cessation from any cause whatsoever of the liability of the Guaranteed BorrowerCompany, whether consensual or arising by operation of law or any bankruptcy, insolvency or debtor relief proceeding, or from any other cause, or any claim that the such Guarantor's obligations hereunder exceed or are more burdensome than those of the Guaranteed BorrowerCompany. The Each Guarantor waives any defense arising by reason of any statute of limitations affecting the liability of the Company. Each Guarantor waives all rights and defenses arising out of an election of remedies by the Agent, Trustee or any BankHolder, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Guaranteed Indenture Obligations, has terminated the destroyed such Guarantor's rights of subrogation and reimbursement against the Guaranteed Borrower Company by operation of Section 580d of the California Code of Civil Procedure (if applicable) or other applicable law, and all rights or defenses the such Guarantor may have by reason of protection afforded to the Guaranteed Borrower Company with respect to the Guaranteed Indenture Obligations pursuant to any the antideficiency laws or other laws of the State of California (or other applicable jurisdiction jurisdiction) limiting or discharging the Guaranteed Indenture Obligations. The Each Guarantor waives any benefit of, ; and any right to participate in, any security or other guaranty now or hereafter held by the Agent Trustee or any Bank Holder securing the Guaranteed Indenture Obligations.

Waiver of Certain Defenses. The Guarantor waives any defense -------------------------- arising by reason of any disability or other defense of the Guaranteed Borrower or the cessation from any cause whatsoever of the liability of the Guaranteed Borrower, whether consensual or arising by operation of law or any bankruptcy, insolvency or debtor relief proceeding, or from any other cause, or any claim that the Guarantor's obligations exceed or are more burdensome than those of the Guaranteed Borrower. The Guarantor waives all rights and defenses arising out of an election of remedies by the Agent, or any Bank, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Guaranteed Obligations, has terminated the Guarantor's rights of subrogation and reimbursement against the Guaranteed Borrower by operation of applicable law, and all rights or defenses the Guarantor may have by reason of protection afforded to the Guaranteed Borrower with respect to the Guaranteed Obligations pursuant to any antideficiency laws or other laws of applicable jurisdiction limiting or discharging the Guaranteed Obligations. The Guarantor waives any benefit of, and any right to participate in, any security or other guaranty now or hereafter held by the Agent or any Bank securing the Guaranteed Obligations.

Waiver of Certain Defenses. The (a) Guarantor waives any defense -------------------------- arising by reason of any disability or other defense of the Guaranteed Borrower Borrower, or the cessation from any cause whatsoever of the liability of the Guaranteed Borrower, whether consensual or arising by operation of law or any bankruptcy, insolvency or debtor relief proceeding, or from any other cause, including any such defense or cessation of liability arising from or as a result of any claim of fraudulent transfer or preference, or any claim that the Guarantor's obligations exceed or are more burdensome than those of the Guaranteed Borrower. The Guarantor waives any defense arising by reason of any statute of limitations affecting the liability of Borrower. Guarantor waives all rights and defenses arising out of an election of remedies by the Agent, Administrative Agent or any BankLender, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for the Guaranteed Obligations, has terminated the destroyed Guarantor's rights of subrogation and reimbursement against the Guaranteed Borrower by operation of Section 580d of the California Code of Civil Procedure (if applicable) or other applicable law, and all rights or defenses the Guarantor may have by reason of protection afforded to the Guaranteed Borrower with respect to the Guaranteed Obligations pursuant to any the antideficiency laws or other laws of the State of California (or other applicable jurisdiction jurisdiction) limiting or discharging the Guaranteed Obligations. The Guarantor waives any benefit of, and any right to participate in, any security or other guaranty now or hereafter held by the Administrative Agent or any Bank Lender securing the Guaranteed Obligations.