Borrower Waivers. Except as expressly provided herein, and to the fullest extent permitted by law, Borrower hereby waives (i) presentment, demand and protest and notice of presentment, protest, default, non payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender on which Borrower may in any way be liable and hereby ratifies and confirms whatever Lender may do in this regard; (ii) notice prior to taking possession or control of the Collateral or any bond or security that might be required by any court before allowing Lender to exercise any of Lender's remedies, including the issuance of an immediate writ of possession, except as expressly required herein; (iii) any marshalling of assets, or any right to compel Lender to resort first or in any particular order to any other collateral or other entities before enforcing its rights as to the Collateral or pursuing Borrower for payment of the Indebtedness; (iv) the benefit of all valuation, appraisement and exemption laws; (v) notice of acceptance hereof; (vi) any right to require Lender to terminate its security interest in the Collateral before both termination of this Agreement and payment in full of the Indebtedness; and (vi) any claims and defenses based on principles of suretyship or impairment of collateral. Borrower acknowledges that the foregoing waivers are a material inducement to Lender's entering into this Agreement and that Lender is relying upon the foregoing waivers in its future dealings with Borrower.
Appears in 2 contracts
Samples: Security Agreement (Central Freight Lines Inc), Security Agreement (Pam Transportation Services Inc)
Borrower Waivers. Except as expressly provided herein, and to To the fullest full extent permitted by law, Borrower hereby waives (i) presentment, demand and protest and notice of presentment, protest, default, non payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender on which Borrower may in any way be liable and hereby ratifies and confirms whatever Lender may do in this regard; (ii) notice prior to taking possession or control of the Collateral or any bond or security that which might be required by any court before prior to allowing Lender to exercise any of Lender's remedies, including the issuance of an immediate writ of possession, except as expressly required hereinin any of the Loan Documents; (iii) any marshalling of assets, or any right to compel Lender to resort first or in any particular order to any other collateral Collateral or other entities Persons before enforcing its rights as to the Collateral or pursuing Borrower for payment of the IndebtednessObligations and any defenses based on suretyship or impairment of Collateral; (iv) the benefit of all valuation, appraisement and exemption laws; (v) notice of acceptance hereof; (vi) any right to require Lender to terminate its security interest in the Collateral before both or in any other property of Borrower until termination of this Agreement and payment the execution by Borrower and by any person whose loans to Borrower are used in full whole or in part to satisfy the Obligations, of an agreement indemnifying Lender from any loss or damage Lender may incur as the Indebtednessresult of dishonored or unsatisfied items of any account debtor applied to the Obligations; and (vi) any claims and defenses based on principles notice of suretyship or impairment of collateralacceptance hereof. Borrower acknowledges that the foregoing waivers are a material inducement to Lender's entering into this Agreement and that Lender is relying upon the foregoing waivers in its future dealings with Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Focal Communications Corp), Loan and Security Agreement (Startec Global Communications Corp)
Borrower Waivers. Except as expressly provided herein, and to To the fullest extent permitted by law, the Borrower hereby waives (i) presentment, demand and protest and notice of presentment, protest, default, non payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender on which the Borrower may in any way be liable and hereby ratifies and confirms whatever Lender may do in this regard; (ii) notice prior to taking possession or control of the Collateral or any bond or security that which might be required by any court before prior to allowing Lender to exercise any of Lender's remedies, including the issuance of an immediate writ of possession, except as expressly required hereinin any of the Loan Documents; (iii) any marshalling of assets, or any right to compel Lender to resort first or in any particular order to any other collateral Collateral or other entities Persons before enforcing its rights as to pursuing the Collateral or pursuing Borrower for payment of the IndebtednessObligations and any defenses based on suretyship or impairment of Collateral; (iv) the benefit of all valuation, appraisement and exemption laws; (v) notice of acceptance hereof; (vi) any right to require Lender to terminate its security interest in the Collateral before both or in any other property of the Borrower until termination of this Agreement and payment the execution by the Borrower and by any person whose loans to the Borrower are used in full whole or in part to satisfy the Obligations, of an agreement indemnifying Lender from any loss or damage Lender may incur as the Indebtednessresult of dishonored or unsatisfied items of any account debtor applied to the Obligations; and (vi) any claims and defenses based on principles notice of suretyship or impairment of collateralacceptance hereof. The Borrower acknowledges that the foregoing waivers are a material inducement to Lender's entering into this Agreement and that Lender is relying upon the foregoing waivers in its future dealings with the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Ixc Communications Inc)
Borrower Waivers. Except as expressly provided herein, and to To the fullest full extent permitted by lawlaw and except ---------------- as set forth herein, Borrower hereby waives (i) presentment, demand and protest and demand, protest, notice of presentment, protest, default, non non-payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper paper, and guaranties at any time held by Lender on which Borrower may in any way be liable and hereby ratifies and confirms whatever Lender may do in this regard; (ii) notice prior to taking possession or control of the Collateral or any bond or security that which might be required by any court before prior to allowing Lender to exercise any of Lender's remedies, including the issuance of an immediate writ of possession, except as expressly required hereinin any of the Loan Documents; (iii) any marshalling of assets, assets or any right to compel Lender to resort first or in any particular order to any other collateral Collateral or other entities Persons before enforcing its rights as to the Collateral or pursuing Borrower for payment of the IndebtednessObligations and any defenses based on suretyship or impairment of Collateral; (iv) the benefit of all valuation, appraisement and exemption laws; (v) notice of acceptance hereof; (vi) any right to require Lender to terminate its security interest in the Collateral before both or in any other property of Borrower until termination of this Agreement and payment the execution by Borrower and by any person whose Loans to Borrower are used in full whole or in part to satisfy the Obligations, of an agreement indemnifying Lender from any loss or damage Lender may incur as the Indebtednessresult of dishonored or unsatisfied items of any account debtor applied to the Obligations; and (vi) any claims and defenses based on principles notice of suretyship or impairment of collateralacceptance hereof. Borrower acknowledges that the foregoing waivers are a material inducement to Lender's entering into this Agreement and that Lender is relying upon the foregoing waivers in its future dealings with Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Telscape International Inc)
Borrower Waivers. Except as expressly provided herein, and to To the fullest extent permitted by applicable law, the Borrower hereby waives (i) presentment, demand and protest and notice of presentment, protest, default, non payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender on which the Borrower may in any way be liable and hereby ratifies and confirms whatever Lender may do in this regard; (ii) notice prior to taking possession or control of the Collateral or any bond or security that which might be required by any court before prior to allowing Lender to exercise any of Lender's remedies, including the issuance of an immediate writ of possession, except as expressly required hereinin any of the Loan Documents; (iii) any marshalling of assets, or any right to compel Lender to resort first or in any particular order to any other collateral Collateral or other entities Persons before enforcing its rights as to pursuing the Collateral or pursuing Borrower for payment of the IndebtednessObligations and any defenses based on suretyship or impairment of Collateral; (iv) the benefit of all valuation, appraisement and exemption laws; (v) notice of acceptance hereof; (vi) any right to require Lender to terminate its security interest in the Collateral before both or in any other property of the Borrower until termination of this Agreement and payment the execution by the Borrower and by any person whose loans to the Borrower are used in full whole or in part to satisfy the Obligations, of an agreement indemnifying Lender from any loss or damage Lender may incur as the Indebtednessresult of dishonored or unsatisfied items of any account debtor applied to the Obligations; and (vi) any claims and defenses based on principles notice of suretyship or impairment of collateralacceptance hereof. The Borrower acknowledges that the foregoing waivers are a material inducement to Lender's entering into this Agreement and that Lender is relying upon the foregoing waivers in its future dealings with the Borrower.
Appears in 1 contract
Samples: Equipment Loan and Security Agreement (GST Telecommunications Inc)