Common use of Waivers by Borrower Clause in Contracts

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full extent permitted by applicable law, the Borrower 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, (b) all rights to notice and a hearing prior to the Agent’s or the Lenders’ taking possession or control of, or to the Agent’s or the Lenders’ replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement and the other Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp)

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Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full fullest extent permitted by applicable lawApplicable Law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Revolving Loan Notes, any notes, commercial paper, accountsAccounts, contract rightsDocuments, documentsInstruments, instruments, chattel paper Chattel Paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent, on behalf of Agent or any Lender and Lenders, may do in this regard, ; (b) all rights to notice and a hearing prior to the Agent’s or the Lenders’ taking possession or control of, or to the Agent’s or the Lenders’ replevy, attachment or levy upon, the any Collateral or any bond or security which that might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 3 contracts

Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Hercules Technology Growth Capital Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, law to the full extent permitted by applicable law, the law Borrower 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, (b) all rights to notice and a hearing prior to the Agent’s or the Lenders’ taking possession or control of, or to the Agent’s or the Lenders’ replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender Lenders to exercise any of its their remedies, and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement and the other Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Galyans Trading Co Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full fullest extent permitted by applicable lawApplicable Law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Revolving Note or any other notes, commercial paper, accountsAccounts, contract rightsContracts, documentsDocuments, instrumentsInstruments, chattel paper Chattel Paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the Agent’s or the Lenders’ Lender's taking possession or control of, or to the Agent’s or the Lenders’ replevyLender's replevin, attachment or levy upon, the any Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aerocentury Corp), Loan and Security Agreement (Aerocentury Corp)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full fullest extent permitted by applicable lawApplicable Law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Notes or any other notes, commercial paper, accountsAccounts, contract rightsContracts, documentsDocuments, instrumentsInstruments, chattel paper Chattel Paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the AgentLender’s or the Lenders’ taking possession or control of, or to the AgentLender’s or the Lenders’ replevyreplevin, attachment or levy upon, the any Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aerocentury Corp), Loan and Security Agreement (Aerocentury Corp)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full fullest extent permitted by applicable lawApplicable Law, the Borrower waives waives: (a) presentment, demand demand, and protest protest, and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension extension, or renewal of any or all Loan Documents, the Notes, or any other notes, commercial paper, accountsAccounts, contract rightsContracts, documentsDocuments, instrumentsInstruments, chattel paper Chattel Paper, and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the AgentLender’s or the Lenders’ taking possession or control of, or to the AgentLender’s or the Lenders’ replevy, attachment attachment, or levy upon, the any Collateral or any bond or security which that might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal appraisal, and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents Documents, and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 2 contracts

Samples: Loan and Security Agreement (Overhill Farms Inc), Loan and Security Agreement (Levine Leichtman Capital Partners Ii Lp)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, law to the full extent permitted by applicable law, the law Borrower 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, (b) all rights to notice and a hearing prior to the Agent’s 's or the Lenders' taking possession or control of, or to the Agent’s 's or the Lenders' replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender Lenders to exercise any of its their remedies, and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Galyans Trading Co Inc), Credit Agreement (Dicks Sporting Goods Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, law to the full extent permitted by applicable law, the Borrower waives (ai) 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, (bii) all rights to notice and a hearing prior to the Agent’s 's or the Lenders' taking possession or control of, or to the Agent’s 's or the Lenders' replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender Lenders to exercise any of its their remedies, and (ciii) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Figgie International Inc /De/), Credit Agreement (Scott Technologies Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full fullest extent permitted by applicable law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Notes or any other notes, commercial paper, accountsAccounts, contract rightsContracts, documentsDocuments, instrumentsInstruments, chattel paper Chattel Paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the AgentLender’s or the Lenders’ taking possession or control of, or to the AgentLender’s or the Lenders’ replevy, attachment or levy upon, the any Collateral or any bond or security which that might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice choices and decisions with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 2 contracts

Samples: Loan and Security Agreement (Charys Holding Co Inc), Loan and Security Agreement (Charys Holding Co Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full fullest extent permitted by applicable law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Notes or any other notes, commercial paper, accountsAccounts, contract rightscontracts, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the AgentLender’s or the Lenders’ taking possession or control of, or to the AgentLender’s or the Lenders’ replevy, attachment or levy upon, the any Collateral or any bond or security which that might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption lawsLaws. The Borrower acknowledges that it has been advised by counsel of its choice choices and decisions with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 2 contracts

Samples: Loan and Security Agreement (Nimblegen Systems Inc), Loan and Security Agreement (Nimblegen Systems Inc)

Waivers by Borrower. (a) Except as otherwise provided for in this Agreement and applicable law, to the full fullest extent permitted by applicable law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Notes or any other notes, commercial paper, accountsAccounts, contract rightscontracts, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the AgentLender’s or the Lenders’ taking possession or control of, or to the AgentLender’s or the Lenders’ replevy, attachment or levy upon, the any Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption lawsLaws. The Borrower acknowledges that it has been advised by counsel of its choice choices and decisions with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 2 contracts

Samples: Loan Agreement (Regeneration Technologies Inc), Loan Agreement (Tandem Health Care, Inc.)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full extent permitted by applicable law, the Borrower waives (ai) 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, liable and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, (bii) all rights to notice and a hearing prior to the Agent’s 's or the Lenders’ any Lender's taking possession or control of, or to the Agent’s 's or the Lenders’ any Lender's replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, remedies and (ciii) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges acknowl- edges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated evidenced by this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Senior Loan Agreement (Cablevision Systems Corp)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full fullest extent permitted by applicable lawApplicable Law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Notes or any other notes, commercial paper, accountsAccounts, contract rightsContracts, documentsDocuments, instrumentsInstruments, chattel paper Chattel Paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the Agent’s or the Lenders’ Lender's taking possession or control of, or to the Agent’s or the Lenders’ replevyLender's replevin, attachment or levy upon, the any Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Aerocentury Corp)

Waivers by Borrower. Except as otherwise provided for in this Agreement ------------------- and applicable law, law to the full extent permitted by applicable law, the Borrower waives (ai) 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent Lender or any the Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent Lender or any the Lender may do in this regard, (bii) all rights to notice and a hearing prior to the Agent’s or the Lenders’ Lender's taking possession or control of, or to the Agent’s or the Lenders’ replevyLender's replevin, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its their remedies, and (ciii) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Master Graphics Inc)

Waivers by Borrower. Except as otherwise provided for in this ------------------- Agreement and applicable law, law to the full extent permitted by applicable law, the Borrower waives (ai) 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender Lenders on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender Lenders may do in this regard, (bii) all rights to notice and a hearing prior to the Agent’s or the Lenders’ 's taking possession or control of, or to the Agent’s or the Lenders’ replevy's replevin, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, and (ciii) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Master Graphics Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full extent permitted by applicable law, the each Borrower waives (ai) 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, liable and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (bii) all rights to notice and a hearing prior to the Agent’s 's or the Lenders’ any Lender's taking possession or control of, or to the Agent’s 's or the Lenders’ Lender's replevy, attachment or levy upon, the Collateral assets of any Borrower or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (ciii) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated evidenced by this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Quixote Corp)

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Waivers by Borrower. Except as otherwise provided for in this ------------------- Agreement and applicable law, to the full extent permitted by applicable law, the Borrower 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, (b) all rights to notice and a hearing prior to the Agent’s 's or the Lenders' taking possession or control of, or to the Agent’s 's or the Lenders' replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender Lenders to exercise any of its their remedies, and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Seven Up Rc Bottling Company of Southern California Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement ------------------- and applicable law, to the full fullest extent permitted by applicable law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Revolving Credit Note or any other notes, commercial paper, accountsAccounts, contract rightsContracts, documentsDocuments, instrumentsInstruments, chattel paper Chattel Paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the Agent’s or the Lenders’ Lender's taking possession or control of, or to the Agent’s or the Lenders’ Lender's replevy, attachment or levy upon, the any Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice choices and decisions with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Pharmaceutical Resources Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full fullest extent permitted by applicable law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Notes or any other notes, commercial paper, accountsAccounts, contract rightsContracts, documentsDocuments, instrumentsInstruments, chattel paper Chattel Paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the Agent’s or the Lenders’ Lender's taking possession or control of, or to the Agent’s or the Lenders’ Lender's replevy, attachment or levy upon, the any Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice choices and decisions with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Dot Hill Systems Corp)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, Applicable Law to the full fullest extent permitted by applicable lawApplicable Law, the Borrower 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, (b) all rights to notice and a hearing prior to the AgentLender’s or the Lenders’ taking possession or control of, or to the AgentLender’s or the Lenders’ replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement and the other Loan Documents, and makes the foregoing waivers knowingly and voluntarily.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Torrent Energy Corp)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, Law to the full fullest extent permitted by applicable lawLaw, the Borrower 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, (b) all rights to notice and a hearing prior to the Agent’s or the Lenders’ Lender's taking possession or control of, or to the Agent’s or the Lenders’ Lender's replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice choices with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement and the other Loan Documents, and makes the foregoing waivers knowingly and voluntarily.

Appears in 1 contract

Samples: Credit Agreement (Rancher Energy Corp.)

Waivers by Borrower. Except as otherwise provided for in this Agreement -------------------- and applicable law, to the full fullest extent permitted by applicable law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Notes or any other notes, commercial paper, accountsAccounts, contract rightsContracts, documentsDocuments, instrumentsInstruments, chattel paper Chattel Paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the Agent’s or the Lenders’ Lender's taking possession or control of, or to the Agent’s or the Lenders’ Lender's replevy, attachment or levy upon, the any Collateral or any bond or security which that might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice choices and decisions with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Charys Holding Co Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement and applicable law, to the full extent permitted by applicable law, the Borrower waives (ai)) 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent Lender or any Assignee Lender on which the Borrower may in any way be liable, liable and the Borrower hereby ratifies and confirms whatever the Agent Lender or any Assignee Lender may do in this regard, (bii) all rights to notice and a hearing prior to the Agent’s or the Lenders’ Lender's taking possession or control of, or to the Agent’s or the Lenders’ Lender's replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, and (ciii) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The , Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated evidenced by this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Term Loan Agreement (Wahlco Environmental Systems Inc)

Waivers by Borrower. Except as otherwise provided for in this ------------------- Agreement and applicable law, law to the full extent permitted by applicable law, the Borrower waives (ai) 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 Loan Documents, notes, commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by the Agent, Revolving Credit Agent or any Lender Lenders on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent, Revolving Credit Agent or any Lender Lenders may do in this regard, (bii) all rights to notice and a hearing prior to the Agent’s or the Lenders’ 's taking possession or control of, or to the Agent’s or the Lenders’ replevy's replevin, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, and (ciii) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Premier Graphics Inc)

Waivers by Borrower. Except as otherwise provided for in this ------------------- Agreement and applicable law, to the full fullest extent permitted by applicable law, the Borrower waives waives: (a) presentment, demand and protest 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 Loan Documents, the Note or any other notes, commercial paper, accountsAccounts, contract rightsContracts, documentsDocuments, instrumentsInstruments, chattel paper Chattel Paper and guaranties at any time held by the Agent or any Lender on which the Borrower may in any way be liable, and the Borrower hereby ratifies and confirms whatever the Agent or any Lender may do in this regard, ; (b) all rights to notice and a hearing prior to the Agent’s or the Lenders’ Lender's taking possession or control of, or to the Agent’s or the Lenders’ Lender's replevy, attachment or levy upon, the any Collateral or any bond or security which might be required by any court prior to allowing the Agent or any Lender to exercise any of its remedies, ; and (c) the benefit of any right of redemption and all valuation, appraisal and exemption laws. The Borrower acknowledges that it has been advised by counsel of its choice choices and decisions with respect to this Agreement, the other Loan Documents and the transactions contemplated by this Agreement evidenced hereby and the other Loan Documentsthereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartland Technology Inc)

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