Common use of Existence of Default Clause in Contracts

Existence of Default. Regarding the existence of any Default for purposes of this Agreement, Debtors agree that the Obligor on any Collateral may rely upon written certification from Secured Party that such a Default exists. Subject to the terms of the Credit Agreement, Debtors expressly agree that Secured Party shall not be liable to Debtors for any claims, damages, costs, expenses or causes of action of any nature whatsoever in connection with, arising out of, or related to Secured Party's exercise of any rights, powers or remedies under any Loan Paper except for its own fraud, gross negligence, willful misconduct or violation of any Law.

Appears in 2 contracts

Samples: Security Agreement (Monro Muffler Brake Inc), Security Agreement (Monro Muffler Brake Inc)

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Existence of Default. Regarding the existence of any Default for purposes of this Agreement, Debtors agree Debtor agrees that the Obligor Obligors or account debtors on any Collateral may rely upon written certification from Secured Party that such a Default exists. Subject to the terms of the Credit Agreement, Debtors exists and Debtor expressly agree agrees that Secured Party shall not be liable to Debtors Debtor for any claims, damages, costs, expenses or causes of action of any nature whatsoever in connection with, arising out of, or related to Secured Party's ’s exercise of any rights, powers or remedies under any Loan Paper Document except for its own fraud, gross negligence, or willful misconduct or violation of any Lawmisconduct.

Appears in 2 contracts

Samples: Form of Security Agreement (Vertex Energy Inc.), Security Agreement (Deep Down, Inc.)

Existence of Default. Regarding the existence of any Default for purposes of this Agreement, Debtors agree Debtor agrees that the Obligor obligors on any Collateral may rely upon written certification from Secured Party that such a Default exists. Subject to the terms of the Credit Agreement, Debtors Debtor expressly agree agrees that Secured Party shall not be liable to Debtors Debtor for any claims, damages, costs, expenses or causes of action of any nature whatsoever in connection with, arising out of, or related to Secured Party's exercise of any rights, powers or remedies under any Loan Paper the Note or this Agreement except for its own fraud, gross negligence, willful misconduct or violation of any Lawlaw.

Appears in 1 contract

Samples: General Security Agreement (Scottsdale Technologies Inc)

Existence of Default. Regarding the existence of any Default for purposes of this Agreement, Debtors agree Debtor agrees that the Obligor Obligors or account debtors on any Collateral may rely upon written certification from Secured Party that such a Default exists. Subject to the terms of the Credit Agreement, Debtors exists and Debtor expressly agree agrees that Secured Party shall not be liable to Debtors Debtor for any claims, damages, costs, expenses or causes of action of any nature whatsoever in connection with, arising out of, or related to Secured Party's ’s exercise of any rights, powers or remedies under any Loan Paper Document, except for its own fraud, gross negligence, or willful misconduct or violation of any Lawmisconduct.

Appears in 1 contract

Samples: Security Agreement (iBio, Inc.)

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Existence of Default. Regarding the existence of any Default for purposes of this Agreement, Debtors agree Debtor agrees that the Obligor Obligors or Account Debtors on any Collateral may rely upon written certification from Secured Party that such a Default exists. Subject to the terms of the Credit Agreement, Debtors exists and Debtor expressly agree agrees that Secured Party shall not be liable to Debtors Debtor for any claims, damages, costs, expenses or causes of action of any nature whatsoever in connection with, arising out of, or related to Secured Party's ’s exercise of any rights, powers or remedies under any Loan Paper Document except for its own fraud, gross negligence, or willful misconduct or violation intentional breach by Secured Party of any Lawthis Agreement or the Loan Agreement.

Appears in 1 contract

Samples: Credit Agreement (BRP Group, Inc.)

Existence of Default. Regarding the existence of any Default for purposes of this Agreement, Debtors agree Debtor agrees that the Obligor Obligors or Account Debtors on any Collateral may rely upon written certification from Secured Party that such a Default exists. Subject to the terms of the Credit Agreement, Debtors exists and Debtor expressly agree agrees that Secured Party shall not be liable to Debtors Debtor for any claims, damages, costs, expenses or causes of action of any nature whatsoever in connection with, arising out of, or related to Secured Party's ’s exercise of any rights, powers or remedies under any Loan Paper Document except for its own fraud, gross negligence, or willful misconduct or violation of any Lawmisconduct.

Appears in 1 contract

Samples: Security Agreement (Oak Tree Educational Partners, Inc.)

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