Common use of Waivers of Defenses Clause in Contracts

Waivers of Defenses. Guarantor waives, to the fullest extent permitted by law: (a) all statutes of limitation as to the Indebtedness, this Agreement or otherwise as a defense to any action brought against Guarantor by Bank; (b) any defense based upon any legal disability of Borrower or any discharge or limitation of the liability of Borrower to Bank, whether consensual or arising by operation of law or any bankruptcy, insolvency, or debtor-relief proceeding, or from any other cause; (c) presentment, demand, protest and notice of any kind; (d) any defense (other than the defense of indefeasible payment or indefeasible satisfaction) based upon or arising out of any defense which Borrower may have to the payment or performance of any part of the Indebtedness; (e) any defense based upon any disbursements by Bank to Borrower pursuant to any agreements or instruments governing or securing the Indebtedness whether same be deemed an additional advance or be deemed to be paid out of any special interest or other fund accounts, as constituting unauthorized payments hereunder or amounts not guaranteed by this Agreement; (f) all rights to participate in any security held by Bank for the Indebtedness; (g) irregularity or unenforceability of any agreement or instrument representing or governing or securing the Indebtedness; (h) any request that Bank be diligent or prompt in making demands hereunder or under any agreement or instrument representing or governing or securing the Indebtedness; and (i) any other defense in law or equity (other than the defense that the indebtedness has been indefeasibly paid in full), until the Indebtedness has been indefeasibly paid in full.

Waivers of Defenses. Guarantor waives, to the fullest extent permitted by law: (a) all statutes of limitation as to the Indebtedness, this Guarantee Agreement or otherwise as a defense to any action brought against Guarantor by BankLender; (b) any defense based upon any legal disability of Borrower or any discharge or limitation of the liability of Borrower to BankLender, whether consensual or arising by operation of law or any bankruptcy, insolvency, or debtor-relief proceeding, or from any other cause; (c) presentment, demand, protest and notice of any kind; (d) any defense (other than the defense of indefeasible payment or indefeasible satisfaction) based upon or arising out of any defense which Borrower may have to the payment or performance of any part of the Indebtedness; (e) any defense based upon any disbursements by Bank Lender to Borrower pursuant to any agreements or instruments governing or securing the Indebtedness whether same be deemed an additional advance or be deemed to be paid out of any special interest or other fund accounts, as constituting unauthorized payments hereunder or amounts not guaranteed by this Guarantee Agreement; (f) all rights to participate in any security held by Bank Lender for the Indebtedness; (g) irregularity or unenforceability of any agreement or instrument representing or governing or securing the Indebtedness; (h) any request that Bank Lender be diligent or prompt in making demands hereunder or under any agreement or instrument representing or governing or securing the Indebtedness; and (i) any other defense in law or equity (other than the defense that the indebtedness Indebtedness has been indefeasibly paid in fullfull or that a demanded payment is not payable by virtue of Section 1(b) hereof), until the Indebtedness has been indefeasibly paid in full.

Waivers of Defenses. Guarantor waives, to the fullest extent permitted by law: (a) all statutes of limitation as to the IndebtednessGuaranteed Obligations, this Guaranty Agreement or otherwise as a defense to any action brought against Guarantor by Bankany Buyer, to the fullest extent permitted by law; (b) any defense based upon any legal disability of Borrower any Seller or any discharge or limitation of the liability of Borrower any Seller to Bankthe Buyers, whether consensual or arising by operation of law or any bankruptcy, insolvency, or debtor-relief proceeding, or from any other cause; (c) presentment, demand, protest and notice of any kind; (d) any defense (other than the defense of indefeasible payment or indefeasible satisfaction) based upon or arising out of any defense which Borrower any Seller may have to the payment or performance of any part of the IndebtednessGuaranteed Obligations except payment in full; (e) any defense based upon any disbursements by Bank the Buyers to Borrower any Seller pursuant to any agreements or instruments governing or securing the Indebtedness Guaranteed Obligations whether same be deemed an additional advance or be deemed to be paid out of any special interest or other fund accounts, as constituting unauthorized payments hereunder or amounts not guaranteed by this Guaranty Agreement; (f) all rights to participate in any security held by Bank the Buyers for the IndebtednessGuaranteed Obligations; (g) irregularity or unenforceability of any agreement or instrument representing or governing or securing the IndebtednessGuaranteed Obligations; (h) any request that Bank a Buyer be diligent or prompt in making demands hereunder or under any agreement or instrument representing or governing or securing the IndebtednessGuaranteed Obligations; and (i) any other defense in law or equity (other than except the defense that the indebtedness has Guaranteed Obligations have been indefeasibly paid in full)) which, under applicable law, would release the obligation of a guarantor or surety, until the Indebtedness has Guaranteed Obligations have been indefeasibly paid in full.

Waivers of Defenses. Guarantor Drive BOS LP waives, to the fullest extent permitted by law: (a) all statutes of limitation as to the Indebtednessindebtedness of the Borrower, this Agreement or otherwise as a defense to any action brought against Guarantor Drive BOS LP by Bankthe Agent or any Lender, to the fullest extent permitted by law; (b) any defense based upon any legal disability of the Borrower or any discharge or limitation of the liability of the Borrower to Bankthe Agent or the Lenders, whether consensual or arising by operation of law or any bankruptcy, insolvency, or debtor-relief proceeding, or from any other cause; (c) presentment, demand, protest and notice of any kind; (d) any defense (other than the defense of indefeasible payment or indefeasible satisfaction) based upon or arising out of any defense which the Borrower may have to the payment or performance of any part of the Indebtednessindebtedness; (e) any defense based upon any disbursements by Bank the Agent or the Lenders to the Borrower pursuant to any agreements or instruments governing or securing the Indebtedness indebtedness whether same be deemed an additional advance or be deemed to be paid out of any special interest or other fund accounts, as constituting unauthorized payments hereunder or amounts not guaranteed by this AgreementSection 9A; (f) all rights to participate in any security held by Bank the Agent or the Lenders for the Indebtednessindebtedness of the Borrower; (g) irregularity or unenforceability of any agreement or instrument representing or governing or securing the Indebtednessindebtedness of the Borrower; (h) any request that Bank the Agent or a Lender be diligent or prompt in making demands hereunder or under any agreement or instrument representing or governing or securing the Indebtednessindebtedness; and (i) any other defense in law or equity (other than except the defense that the indebtedness has been indefeasibly paid in full)) which, under applicable law, would release the obligation of a guarantor or surety, until the Indebtedness indebtedness has been indefeasibly paid in full.

Waivers of Defenses. Guarantor Each Guarantor, independently and separately, waives, to the fullest extent permitted by law: (a) all statutes of limitation as to the Indebtedness, this Agreement or otherwise as a defense to any action brought against such Guarantor by Bankthe Agent or any Lender, to the fullest extent permitted by law; (b) any defense based upon any legal disability of the Borrower or any discharge or limitation of the liability of the Borrower to Bankthe Agent or the Lenders, whether consensual or arising by operation of law or any bankruptcy, insolvency, or debtor-relief proceeding, or from any other cause; (c) presentment, demand, protest and notice of any kind; (d) any defense (other than the defense of indefeasible payment or indefeasible satisfaction) based upon or arising out of any defense which the Borrower may have to the payment or performance of any part of the Indebtedness; (e) any defense based upon any disbursements by Bank the Agent or the Lenders to the Borrower pursuant to any agreements or instruments governing or securing the Indebtedness whether same be deemed an additional advance or be deemed to be paid out of any special interest or other fund accounts, as constituting unauthorized payments hereunder or amounts not guaranteed by this Agreement; (f) all rights to participate in any security held by Bank the Agent or the Lenders for the Indebtedness; (g) irregularity or unenforceability of any agreement or instrument representing or governing or securing the Indebtedness; (h) any request that Bank the Agent or a Lender be diligent or prompt in making demands hereunder or under any agreement or instrument representing or governing or securing the Indebtedness; and (i) any other defense in law or equity (other than except the defense that the indebtedness Indebtedness has been indefeasibly paid in full)) which, under applicable law, would release the obligation of a guarantor or surety, until the Indebtedness has been indefeasibly paid in full.