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 Guarantor will be fully liable under this guaranty even though Lender may foreclose judicially or nonjudicially against any real property security for the Loan; (ii) agrees that Guarantor will not assert that defense in any action or proceeding which Secured Creditor may commence to enforce this guaranty; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor 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 or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that Secured Creditor is relying on this waiver in extending credit under the Promissory Note and that this waiver is a material part of the consideration which Secured Creditor is receiving for extending such credit.

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 Guarantor will be fully liable under this guaranty even though Lender may foreclose judicially or nonjudicially against any real property security for the Loan; (ii) agrees that Guarantor will not assert that defense in any action or proceeding which any Secured Creditor may commence to enforce this guaranty; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor 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 or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that each Secured Creditor is relying on this waiver in extending credit under purchasing the Promissory Note Notes or the Milestone Rights, as applicable, and that this waiver is a material part of the consideration which each Secured Creditor is receiving for extending such creditpaying the purchase price for the Notes and the Milestone Rights.

Xxxxxxx, 265 Cal. App.2d 40 (1968). By executing this guarantyGuaranty, each --------------- Guarantor freely, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that Guarantor will be fully liable under this guaranty Guaranty even though Lender Bank may foreclose judicially or nonjudicially against any real property security for the Loan; (ii) agrees that Guarantor will not assert that defense in any action or proceeding which Secured Creditor Bank may commence to enforce this guarantyGuaranty; (iii) acknowledges and agrees that the rights and defenses waived by each Guarantor under this guaranty 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 Secured Creditor Bank is relying on this waiver in extending credit under making the Promissory Note Loan, and that this waiver is a material part of the consideration which Secured Creditor Bank is receiving for extending such creditmaking the Loan.

Xxxxxxx, 265 Cal. App.2d App. 2d. 40 (1968). By executing this guarantyGuaranty, each Guarantor Guarantors freely, irrevocably irrevocably, and unconditionally: (i) waives waive and relinquishes relinquish that defense and agrees agree that Guarantor Guarantors will be fully liable under this guaranty Guaranty even though Lender Bank may foreclose judicially foreclose, either by judicial foreclosure or nonjudicially against by exercise of power of sale, any real property security for deed of trust securing the Loanindebtedness; (ii) agrees agree that Guarantor Guarantors will not assert that defense in any action or proceeding which Secured Creditor Bank may commence to enforce this guarantyGuaranty; (iii) acknowledges acknowledge and agrees agree that the rights and defenses waived by each Guarantor under Guarantors in this guaranty 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 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 Secured Creditor Bank is relying on this waiver in extending credit under creating the Promissory Note indebtedness, and that this waiver is a material part of the consideration which Secured Creditor Bank is receiving for extending such creditcreating the indebtedness.

Xxxxxxx, 265 Cal. App.2d App. 2d. 40 (1968). By executing this guarantyGuaranty, each Guarantor Guarantors freely, irrevocably irrevocably, and unconditionally: (i) waives waive and relinquishes relinquish that defense and agrees agree that Guarantor Guarantors will be fully liable under this guaranty Guaranty even though Lender Agent may foreclose judicially foreclose, either by judicial foreclosure or nonjudicially against by exercise of power of sale, any real property security for deed of trust securing the LoanIndebtedness; (ii) agrees agree that Guarantor Guarantors will not assert that defense in any action or proceeding which Secured Creditor Agent may commence to enforce this guarantyGuaranty; (iii) acknowledges acknowledge and agrees agree that the rights and defenses waived by each Guarantor under Guarantors in this guaranty 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 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 Secured Creditor Agent is relying on this waiver in extending credit under creating the Promissory Note Indebtedness, and that this waiver is a material part of the consideration which Secured Creditor Agent is receiving for extending such creditcreating the Indebtedness.