Waiver of Defense. Each party hereto waives a statement of decision, and the right to appeal from the Order after its entry. Company further waives any defense based on the rule against splitting causes of action. The prevailing party in any motion to enforce the Order shall be awarded its reasonably attorney fees and expenses in connection with such motion. Except as expressly set forth herein, each party shall bear its own attorneys’ fees, expenses and costs.
Waiver of Defense. No course of dealing between the Pledgors and the Pledgees, nor any failure to exercise nor any delay in exercising on the part of the Agent or Pledgees, any right, power, or privilege under this Agreement or under any of the other Transaction Documents shall operate as a waiver. No single or partial exercise of any right, power, or privilege under this Agreement or under any of the other Transaction Documents shall preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege.
Waiver of Defense. No action for the enforcement of the lien or of any provision hereof shall be subject to any defense which would not be good and available to the party interposing same in an action at law or in equity upon the Note hereby secured.
Waiver of Defense. The Debtor waives any defense which it may have to the exercise by Secured Party of its rights under this Agreement, other than payment in full of the Obligations.
Waiver of Defense. (a) Subject to subsection (b) below, Citigroup hereby agrees that
Waiver of Defense. The Obligors, jointly and severally, agree that each Lender and the Agent has no obligation to enter into any amendment or modification of the terms and provisions of any Loan Document, and any of the same shall be within the sole discretion of each Lender and the Agent. Each of the Obligors, jointly and severally, acknowledge and agree, as a condition of the Lenders and the Agent entering into this Seventh Amendment, that it shall not raise any claim, cause of action or defense based upon any allegations of failure of any Lender or the Agent to do or agree to do any of the foregoing, or failure of any Lender or the Agent to negotiate in good faith to accomplish any of the same.
Waiver of Defense. Each of Obligors expressly acknowledges the occurrence and continued existence of the Specified Defaults. The Obligors, jointly and severally, agree that each Lender and the Agent has no obligation (i) to grant the forbearance contemplated by this Agreement, (ii) to enter into discussions with the Obligors with regard to waiving the Specified Defaults, or (iii) to enter into any amendment or modification of the terms and provisions of any Loan Document, and any of the same shall be within the sole discretion of each Lender and the Agent. Each of the Obligors, jointly and severally, acknowledge and agree, as a condition of the Lenders and the Agent entering into this Agreement, that it shall not raise any claim, cause of action or defense based upon any allegations of failure of any Lender or the Agent to do or agree to do any of the foregoing, or failure of any Lender or the Agent to negotiate in good faith to accomplish any of the same.
Waiver of Defense. The undersigned waive any right to require PURCHASER to proceed against the Company, the account-debtor or customer of the Company, or any other person, or proceed against or exhaust any security, or pursue any other remedy in PURCHASER'S power.
Waiver of Defense. The Seller and PBCC hereby acknowledge and agree that they shall not raise as a defense or bar, and that they hereby waive, as to any claim made by any Buyer Indemnified Party under this Agreement, that on or prior to the Closing, the Buyer or CPLC had or should have had knowledge of any fact, condition, event or circumstance that (i) caused any representation or warranty made by any of the Seller, PBCC, PBI or CPLC to be inaccurate or untrue or (ii) that could form the basis of any claim by any Buyer Indemnified Party against the Seller or PBCC pursuant to this Agreement.
Waiver of Defense. Notwithstanding any law to the contrary, Landlord and Tenant hereby waive any right either may have to claim and/or declare that this Lease is invalid or unenforceable because the Permitted Use may or may not violate federal law. For the avoidance of doubt, (i) Landlord acknowledges and agrees that the use of the Premises for the Permitted Use shall not be a violation of this Lease, and (ii) Tenant acknowledges and agrees that the use of the Premises for the Permitted Use, if in violation of federal law, shall not be a violation of this Lease and shall not be the basis of a claim by Tenant that this Lease is invalid or unenforceable.
