Common use of Xxxxxxx, 265 Cal Clause in Contracts

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each the Guarantor freely, irrevocably, and unconditionally: unconditionally (i) waives and relinquishes that defense and agrees that such the Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Bank may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; Indebtedness, (ii) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Bank may commence to enforce this Guaranty; , (iii) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; , and (iv) acknowledges and agrees that the Guaranteed Parties are Bank is relying on this waiver in creating the Guaranteed ObligationsIndebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties are Bank is receiving for creating the Guaranteed ObligationsIndebtedness.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one (1) or more of Sections §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section § 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Secured Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Secured Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Agent and Lenders are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Agent and Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Collateral Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Agent and Lenders are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Agent, Collateral Agent, Documentation Agent, and Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guarantyagreement, each Guarantor of the Guarantors freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty hereunder even though the Guaranteed Parties Administrative Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Administrative Agent or any Lender may commence to enforce this Guarantyagreement; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty herein include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are Administrative Agent and each Lender is relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties are Administrative Agent and each Lender is receiving for creating the Guaranteed Obligations. Each of the Guarantors acknowledges and agrees that it shall have the sole responsibility for obtaining from the Borrowers such information concerning the Borrowers's financial conditions or business operations as such Guarantor may require, and that neither the Administrative Agent nor any Lender has any duty at any time to disclose to such Guarantor any information relating to the business operations or financial conditions of the Borrowers.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor the Parent freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor it will be fully liable under this Guaranty even though the Guaranteed Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor the Parent will not assert that defense in any action or proceeding which the Guaranteed Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that (A) the rights and defenses waived by such Guarantor the Parent in this Guaranty include any right or defense that such Guarantor the Parent may have or be entitled to assert based upon or arising out of any one or more of Sections §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section § 2848 of the California Civil Code, and (B) the Parent waives all rights and defenses arising out of an election of remedies by the Secured Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for a guaranteed obligation, has destroyed the Parent’s rights of subrogation and reimbursement against the principal by the operation of § 580d of the California Code of Civil Procedure or otherwise; and (iv) acknowledges and agrees that the Guaranteed Secured Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Secured Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each the Guarantor freely, irrevocably, and unconditionally: unconditionally (i) waives and relinquishes that defense and agrees that such the Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Agent or any Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; Indebtedness, (ii) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent or any Lender may commence to enforce this Guaranty; , (iii) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; , and (iv) acknowledges and agrees that the Guaranteed Parties are Agent or any Lender is relying on this waiver in creating the Guaranteed ObligationsIndebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties are Agent or any Lender is receiving for creating the Guaranteed ObligationsIndebtedness.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Credit Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Credit Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Credit Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Credit Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Agent and Lenders are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Agent and Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each the Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such the Guarantor will be fully liable under this Guaranty even though the Guaranteed Credit Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Credit Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Credit Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Credit Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties UWG may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust or other security instrument securing the Guaranteed Obligations; (ii) agrees that such Guarantor it will not assert that defense in any action or proceeding which the Guaranteed Parties UWG may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor it in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are UWG is relying on this waiver in creating accepting the Guaranteed Obligations, and that this waiver is a material part of the consideration which UWG is receiving for accepting the Guaranteed Parties are receiving for creating Obligations and entering into the Guaranteed Obligationstransactions contemplated above.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Guarantied Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Guarantied Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Guarantied Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Guarantied Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). --------------------- By executing this GuarantyGuarantee Agreement, each the Guarantor freely, irrevocably, and unconditionally: (iA) waives and relinquishes that defense and agrees agree that such Guarantor the Guarantors will be fully liable under this Guaranty Guarantee Agreement even though the Guaranteed Parties Collateral Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (iiB) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Collateral Agent may commence to enforce this GuarantyGuarantee Agreement; (iiiC) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty Guarantee Agreement include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Collateral Agent and the Lenders are relying on this waiver in creating the Guaranteed Obligationsindebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties Collateral Agent and the Lenders are receiving for creating the Guaranteed Obligationsindebtedness.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). --------------------- By executing this GuarantyGuarantee Agreement, each the Guarantor freely, irrevocably, and unconditionally: (iA) waives and relinquishes that defense and agrees that such the Guarantor will be fully liable under this Guaranty Guarantee Agreement even though the Guaranteed Parties Collateral Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (iiB) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Collateral Agent may commence to enforce this GuarantyGuarantee Agreement; (iiiC) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty Guarantee Agreement include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Collateral Agent and the Lenders are relying on this waiver in creating the Guaranteed Obligationsindebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties Collateral Agent and the Lenders are receiving for creating the Guaranteed Obligationsindebtedness.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that such each Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligationsindebtedness; (ii) agrees that such each Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such each Guarantor in this Guaranty include any right or defense that such any Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are Lender is relying on this waiver in creating the Guaranteed Obligationsindebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties are Lender is receiving for creating the Guaranteed Obligationsindebtedness.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Collateral Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Agent and Lenders are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Agent, Collateral Agent, Documentation Agent, and Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor the Parent freely, irrevocably, and unconditionally: ; (i) waives and relinquishes that defense and agrees that such Guarantor it will be fully liable under this Guaranty even though the Guaranteed Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor the Parent will not assert that defense in any action or proceeding which the Guaranteed Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that (A) the rights and defenses waived by such Guarantor the Parent in this Guaranty include any right or defense that such Guarantor the Parent may have or be entitled to assert based upon or arising out of any one or more of Sections §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section § 2848 of the California Civil Code, and (B) the Parent waives all rights and defenses arising out of an election of remedies by the Secured Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for a guaranteed obligation, has destroyed the Parent’s rights of subrogation and reimbursement against the principal by the operation of § 580d of the California Code of Civil Procedure or otherwise; and (iv) acknowledges and agrees that the Guaranteed Secured Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Secured Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that such each Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Administrative Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligationsindebtedness; (ii) agrees that such each Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties any Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such each Guarantor in this Guaranty include any right or defense that such any Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Lenders are relying on this waiver in creating the Guaranteed Obligationsindebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties Lenders are receiving for creating the Guaranteed Obligationsindebtedness.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Administrative Agent or any Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligationsindebtedness; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Administrative Agent or any Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Lenders are relying on this waiver in creating making the Guaranteed ObligationsLoans and extending other financial accommodations giving rise to the obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, absolutely and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Authority may forecloseexercise any right or remedy under the ENA and the DDA, either by judicial foreclosure including any act judicially or by exercise of power of sale, nonjudicially against any deed of trust securing the Guaranteed Obligationsreal property security; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Authority may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in under this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon on or arising out of law or equity, including, without limitation, any one or more of Sections sections 580a, 580b, 580d, 580d or 726 of the California Code of Civil Procedure Procedure; (iii) waives notice of default, acceleration, protest or Section 2848 dishonor; (iv) waives any notice of sale or other disposition of any security; (v) waives notice of acceptance of this Guaranty and of the California Civil Codeexistence, creation or incurring of new or additional guaranteed obligations, and all other notices of any kind with respect to any Guaranteed Obligations except for any notice required to be given to Guarantor under this Guaranty; and (ivvi) acknowledges and agrees that the Guaranteed Parties are Authority is relying on these waivers in entering into the DDA and taking the actions under which the obligation to provide this waiver in creating the Guaranteed Obligations, Guaranty arose and that this waiver is these waivers are a material part of the consideration which that the Guaranteed Parties are Authority is receiving for creating the Guaranteed Obligationsin connection with such acts.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor Guarantors freely, irrevocably, and unconditionally: (i) waives waive and relinquishes relinquish that defense and agrees agree that such Guarantor Guarantors will be fully liable under this Guaranty even though the Guaranteed Parties Bank may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligationsindebtedness; (ii) agrees agree that such Guarantor Guarantors will not assert that defense in any action or proceeding which the Guaranteed Parties Bank may commence to enforce this Guaranty; (iii) acknowledges acknowledge and agrees agree that the rights and defenses waived by such Guarantor Guarantors in this Guaranty include any right or defense that such Guarantor Guarantors may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges acknowledge and agrees agree that the Guaranteed Parties are Bank is relying on this waiver in creating the Guaranteed Obligationsindebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties are Bank is receiving for creating the Guaranteed Obligationsindebtedness. (b) Guarantors waive any rights and defenses that are or may become available to Guarantors by reason of Sections 2787 to 2855, inclusive, of the California Civil Code.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each the Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such the Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are Lender is relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties are Lender is receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Administrative Agent or any Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligationsindebtedness; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Administrative Agent or any Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Lenders are relying on this waiver in creating making the Guaranteed ObligationsLoans and extending other financial accommodations giving rise to the obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor Holdings freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor Holdings will be fully liable under this Guaranty even though the Guaranteed Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor Holdings will not assert that defense in any action or proceeding which the Guaranteed Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor Holdings in this Guaranty include any right or defense that such Guarantor Holdings may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Secured Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Secured Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are Lender is relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties are Lender is receiving for creating the Guaranteed Obligations.. 250 Rodeo, Inc. Continuing Guaranty

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guarantyagreement, each Guarantor of the Guarantors freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty hereunder even though the Guaranteed Parties Administrative Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Administrative Agent or any Lender may commence to enforce this Guarantyagreement; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty herein include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are Administrative Agent and each Lender is relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties are Administrative Agent and each Lender is receiving for creating the Guaranteed Obligations.. Each of the Guarantors acknowledges and agrees that it shall have the sole responsibility for obtaining from the Borrowers such information concerning the Borrowers's financial conditions or business operations as such Guarantor may require, and that neither the Administrative Agent nor any Lender has any duty at any time to disclose to such Guarantor any information relating to the business operations or financial conditions of the Borrowers. 108

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Agent and Lenders are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Agent and Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d App.2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Lender may foreclose, either by judicial foreclosure foreclose judicially or by exercise of power of sale, nonjudicially against any deed of trust securing real property security for the Guaranteed ObligationsLoan; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in under this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are Lender is relying on this waiver in creating making the Guaranteed ObligationsLoan, and that this waiver is a material part of the consideration which the Guaranteed Parties are Lender is receiving for creating making the Guaranteed Obligations.Loan. INITIALS:___________