Common use of Waivers by Credit Parties Clause in Contracts

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s taking possession or control of, or to Agent’s replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 24 contracts

Samples: Credit Agreement (Insteel Industries Inc), Credit Agreement (Otelco Telecommunications LLC), Credit Agreement (Roller Bearing Co of America Inc)

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Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 24 contracts

Samples: Credit Agreement (Butler International Inc /Md/), Credit Agreement (Otelco Inc.), Credit Agreement (Otelco Inc.)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 13 contracts

Samples: Credit Agreement (Per Se Technologies Inc), Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Baldwin Piano & Organ Co /De/)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpaymentnon-payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documentsdocuments of title, instruments, chattel paper and guaranties guarantees at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 8 contracts

Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: waives (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 5 contracts

Samples: Assignment Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, ; (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, ; and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 4 contracts

Samples: Credit Agreement (Styling Technology Corp), Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)

Waivers by Credit Parties. Except as otherwise provided for in ------------------------- this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 3 contracts

Samples: Credit Agreement (Measurement Specialties Inc), Credit Agreement (Icon Health & Fitness Inc), Credit Agreement (Icon Health & Fitness Inc)

Waivers by Credit Parties. Except as otherwise provided for in ------------------------- this Agreement or by applicable law, each Credit Party waives: waives (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpaymentnon-payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documentsdocuments of title, instruments, chattel paper and guaranties guarantees at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s taking possession or control of, or to Agent’s replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling marshalling and exemption laws. All payments to be made by each Credit Party shall be made without set-off or counterclaim and without deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Clean Harbors Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: waives (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (American Lawyer Media Holdings Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent Creditor on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent Creditor may do in this regard, (b) all rights to notice and a hearing prior to Agent’s Creditor's taking possession or control of, or to Agent’s Creditor's replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing Agent Creditor to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Labor Ready Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent Lender on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent Lender may do in this regard, (b) all rights to notice and a hearing prior to Agent’s Lender's taking possession or control of, or to Agent’s Lender's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Freightways Corp)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling marshalling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Renaissance Cosmetics Inc /De/)

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Waivers by Credit Parties. Except as otherwise provided for in ------------------------- this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent Lender on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent Lender may do in this regard, (b) all rights to notice and a hearing prior to AgentLender’s taking possession or control of, or to AgentLender’s replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Newtek Business Services Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, Holdings and each Credit Party waiveswaive: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party such Person may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Mim Corp)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s taking possession or control of, or to Agent’s replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.. ASSIGNMENT AND PARTICIPATIONS; APPOINTMENT OF AGENT

Appears in 1 contract

Samples: Credit Agreement (BRPP LLC)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: waives (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, upon the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Castle Dental Centers Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpaymentnon-payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documentsdocuments of title, instruments, chattel paper and guaranties guarantees at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s taking possession or control of, or to Agent’s replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Rand Logistics, Inc.)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: waives (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s taking possession or control of, or to Agent’s replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, ; (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, ; and (c) the benefit of all valuation, appraisal, marshaling marshalling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Uti Worldwide Inc)

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