Civil Code Section 2822 Clause Samples

Civil Code Section 2822. In the event that, at any time, any surety exists that is liable upon only a portion of Grantor’s obligations under the Loan Documents and Grantor provides partial satisfaction of any such obligation(s), Grantor hereby waives any right it would otherwise have, under Section 2822 of the California Civil Code, to designate the portion of the obligation to be satisfied. The designation of the portion of the obligation to be satisfied shall, to the extent not expressly made by the terms of the Loan Documents, be made by Beneficiary rather than Grantor.

Civil Code Section 2822. In the event that, at any time and for any ----------------------- reason, any Guarantor's liability with respect to any obligation guaranteed constitutes only a portion of the applicable obligation, each Guarantor hereby waives any right it might otherwise have under Section 2822 of the California Civil Code to have Borrower designate the portion of any such obligation to be satisfied in the event that Borrower provides partial satisfaction of such obligation. Each Guarantor acknowledges and agrees that Borrower may already have agreed with Lender, or may hereafter agree, that in any such event the designation of the portion of the obligation to be satisfied shall, to the extent not expressly made by the terms of the Loan Documents, be made by Lender rather than Borrower.

Civil Code Section 2822. In the event that, at any time and for any reason, Guarantor’s liability with respect to any obligation guaranteed constitutes only a portion of the applicable obligation, Guarantor hereby waives any right it might otherwise have under Section 2822 of the California Civil Code to have Tenant designate the portion of any such obligation to be satisfied in the event that Tenant provides partial satisfaction of such obligation. Guarantor acknowledges and agrees that Tenant may already have agreed with Landlord, or may hereafter agree, that in any such event the designation of the portion of the obligation to be satisfied shall, to the extent not expressly made by the terms of the Lease, be made by Landlord rather than Tenant. EXHIBIT F-7 ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ TECHNOLOGIES, INC. 0LTB-274017 IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed as of the date first written above. “Guarantor:” NETGEAR, INC. By: [PRINTED NAME & TITLE] EXHIBIT F-8 ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ TECHNOLOGIES, INC. 0LTB-274017 , 20 Beneficiary: Ladies and Gentlemen: WE HEREBY OPEN IN FAVOR OF , AND ITS SUCCESSORS (COLLECTIVELY, BENEFICIARY), AND FOR THE ACCOUNT OF , A , (ACCOUNT PARTY), OUR STANDBY IRREVOCABLE TRANSFERABLE LETTER OF CREDIT NO. (THE CREDIT) FOR AN AGGREGATE AMOUNT OF U.S. DOLLARS ($ ), EFFECTIVE IMMEDIATELY AND EXPIRING AT HSBC BANK USA, N.A., GLOBAL TRADE AND RECEIVABLES FINANCE (GTRF), ▇/▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇, 1212 AVENUE OF THE AMERICAS, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, WITH OUR CLOSE OF BUSINESS ON , 20 . FUNDS ARE AVAILABLE AGAINST YOUR SIGHT DRAFT(S) DRAWN ON US, IN THE FORM ▇▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ SIGNED BY AN AUTHORIZED OFFICER OF BENEFICIARY, AND THE ORIGINAL OF THIS CREDIT AND ANY AMENDMENTS, PRESENTED TO OUR OFFICE, LOCATED AT HSBC BANK USA, N.A., GLOBAL TRADE AND RECEIVABLES FINANCE (GTRF), C/O ▇▇▇▇▇▇▇▇ ▇▇▇ TAG, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇. PARTIAL DRAWINGS ARE PERMITTED UNDER THIS CREDIT. WE HEREBY ENGAGE WITH BENEFICIARY THAT UPON PRESENTATION OF DOCUMENTS, AS SPECIFIED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT, THIS CREDIT WILL BE DULY HONORED FOR THE AMOUNT DRAWN, IF DOCUMENTS ARE PRESENTED PRIOR TO 10:00 A.M. ON ANY BANKING DAY, WE WILL HONOR THE SAME IN IMMEDIATELY AVAILABLE FUNDS ON THE NEXT BANKING DAY AND, IF SO PRESENTED AFTER 10:00 A.M. ON ANY BANKING DAY, WE WILL HONOR THE SAME IN IMMEDIATELY AVAILABLE FUNDS ON THE SECOND BANKING DAY. PRESENTATION OF DRAFT(S) DRAWN HER...

Civil Code Section 2822. In the event that, at any time and for any reason, Guarantor’s liability with respect to any obligation guaranteed constitutes only a portion of the applicable obligation, Guarantor hereby waives any right it might otherwise have under Section 2822 of the California Civil Code to have Tenant designate the portion of any such obligation to be satisfied in the event that Tenant provides partial satisfaction of such obligation. Guarantor acknowledges and agrees that Tenant may already have agreed with Landlord, or may hereafter agree, that in any such event the designation of the portion of the obligation to be satisfied shall, to the extent not expressly made by the terms of the Lease, be made by Landlord rather than Tenant.

Civil Code Section 2822. In the event that at any time, a surety is liable upon only a portion of the Pledgor’s obligations under the Loan Documents and the Pledgor provides partial satisfaction of any such obligation(s), the Pledgor hereby waives any right it would otherwise have, under Section 2822 of the California Civil Code, to designate the portion of the obligations to be satisfied. The designation of the portion of the obligation to be satisfied shall, to the extent not expressly made by the terms of the Loan Documents, be made by the Bank rather than the Pledgor.