Acknowledgements and Waivers. Borrower acknowledges and agrees that Lender is specifically and reasonably relying upon the representations, warranties, and agreements contained herein, and that this Agreement is being executed by Borrower and delivered to Lender as an inducement to Lender to forbear from exercising contractual remedies available to Lender under the Existing Loan Documents. Such forbearance by Lender is expressly conditioned on the accuracy and reliability of the representations, warranties, and agreements of Borrower that are set forth in this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall prevent Lender from immediately, and without further notice or right of cure (all of which are hereby waived by Borrower), exercising its rights and remedies under the Loan Documents upon a subsequent Default, Event of Default, or breach by Borrower of any of the terms and conditions set forth therein, as such terms and conditions are modified and amended in this Agreement. Borrower further waives, to the extent permitted by law, for the Forbearance Period, any statute of limitations applicable to Lender's interest in the Obligations.
Acknowledgements and Waivers. (a) By its execution of this Amendment, the 2023 Revolving Credit Lenders and 2023 Term A Lenders party hereto agree to waive any breakage costs pursuant to Section 2.11 of the Credit Agreement that may result from the repayment contemplated by clause (viii) of Section 7.
Acknowledgements and Waivers. 4.1 The Borrower hereby acknowledges and agrees that the Specified Defaults are Events of Default that have occurred under the Credit Agreement and requests a waiver thereof.
Acknowledgements and Waivers. By its execution of this Amendment, the Required Lenders party hereto agree:
Acknowledgements and Waivers. (a) Owner acknowledges and confirms that it is fully liable under the Note, as amended herein, including without limitation, obligated to pay all amounts of principal and interest, late charges, and other sums which may now or hereafter become due and owing under the Note, as amended herein, and all taxes, insurance premiums and other sums that may be due and payable under the provisions of the Deed of Trust, as amended, and other Security Documents; Owner acknowledges and admits the indebtedness evidenced by the Note, as amended herein, and unconditionally promises and agrees to pay the same with interest thereon within the time and in the manner required in the Note, as amended herein, together with attorney’s fees, costs of collection, and any other sums secured by the Deed of Trust, as amended, and other Security Documents; and Owner further acknowledges and agrees that upon any default or Event of Default under the Agreement, the Note or any of the Security Documents from and after the date of this Amendment, Lender, in addition to any other rights it may have under the Loan Instruments, at law or in equity, shall have the right to declare the entire unpaid balance of principal and interest under the Note immediately due and payable.
Acknowledgements and Waivers. Each of the RTC, Dunes, Continental and SHF acknowledges and agrees that neither (i) this Agreement, (ii) the transfer of property to the RTC by the Grant Deed, the Collateral Assignment, the Rancho Murieta Deed of Trust and the Nevada Deed of Trust, (iii) the receipt of the Cash Payment by the RTC from Dunes, (iv) the Environmental Agreement, nor (v) any remedy or other action taken pursuant to this Agreement or any action taken at the Closing Date shall constitute an "action," violate the "security-first rule," or otherwise give rise to any application of the "one-form of action rule" and to the anti-deficiency rules which apply to obligations secured by real property. To the fullest extent permitted by law, each of Dunes, Continental and SHF expressly waives its rights under sections 580a, 580b, 580c, 580d, 726, 728, 729.010, 729.060 and 729.070 of the California Code of Civil Procedure and section 40.430 of the Nevada Revised Statutes ("Code Sections") in connection with this Agreement and any payments or transfers of property made to the RTC pursuant to this Agreement. Each of Dunes, Continental and SHF specifically agrees that (i) it will not plead any of the Code Sections in an action brought by the RTC on the Settlement Note, (ii) the RTC may release any of the security granted pursuant to this Agreement if it so desires, (iii) neither Dunes, Continental nor SHF will raise any of the Code Sections as a defense in any proceeding instituted by the RTC to enforce its rights hereunder, to collect the amount owed on the Settlement Note, or to obtain a deficiency judgment following either a judicial or nonjudicial foreclosure sale of the Rancho Murieta Deed of Trust or the Nevada Deed of Trust, and (iv) the San Diego Property is being transferred to the RTC as a partial payment toward the total amount owing to the RTC, thereby reducing the Obligations by $1,500,000 (as set forth in PARAGRAPH 2.3). Each of Dunes, Continental and SHF further waive any statutes of limitations applicable to the this Agreement, the Loan Documents and the RTC's enforcement thereof.
Acknowledgements and Waivers. (1) This agreement shall be binding upon and inure to the benefit of the Company, Qatalyst and their respective successors and assigns. If any term, provision, covenant or restriction herein (including the Terms and Conditions) is held by a court of competent jurisdiction to be invalid, void or unenforceable or against public policy, the remainder of the terms, provisions and restrictions contained herein shall remain in full force and effect and shall in no way be modified or invalidated. The obligations of the parties hereto pursuant to the Terms and Conditions shall survive any expiration or termination of this agreement or Qatalyst’s engagement hereunder.
Acknowledgements and Waivers
