Guarantor hereby waives Sample Clauses

Guarantor hereby waives notice of acceptance hereof; notice of any Loans or other extensions of credit from time to time made by Lender to Borrowers and the creation or existence of any Guaranteed Obligations; notice of the amount of Guaranteed Obligations from time to time, subject to Limited Guarantor’s right to make inquiry of Lender to ascertain the amount of Guaranteed Obligations at any reasonable time; notice of any adverse change in Borrowers’ financial condition or of any other fact which might increase Limited Guarantor’s risk; notice of presentment for payment, demand, protest and notice thereof as to any note or other Instrument; notice of any Default, Event of Default or acceleration and all other notices and demands to which Limited Guarantor might otherwise be entitled under applicable law; any defense that Borrowers may at any time assert based upon the statute of limitations, the statute of frauds, failure of consideration, fraud, bankruptcy, lack of legal capacity, usury, or accord and satisfaction; any defense that other indemnity, guaranty or security was to be obtained; any defense or claim that any person purporting to bind Borrowers to the payment or collection of Guaranteed Obligations did not have actual or apparent authority to do so; any right to contest the commercial reasonableness of the disposition of any or all Collateral; and any defense or claim that any act or failure to act by the Guaranteed Party had the effect of increasing Limited Guarantor’s risk of payment. Limited Guarantor further waives any right Limited Guarantor may have under applicable law to any right to appraisement, valuation, stay of execution, or notice of election to declare due the amount of any Guaranteed Obligations or with regard to Lender’s enforcement of any Lien or other interest the Guaranteed Party may hold in any property of Borrowers, or any of them.
Guarantor hereby waives. 7.1.3. Notice of acceptance of this Guaranty and of creation of the Obligations;
Guarantor hereby waives. (a) notice of acceptance of this Guaranty; (b) demand of payment, notice of nonperformance, notice of dishonor, presentation, protest, and indulgences and (except as specifically provided in this Guaranty) notices of any kind whatsoever; (c) any right to assert or plead any statute of limitations relating to this Guaranty and the DDA (and Guarantor agrees that any act that tolls any statute of limitations applicable to the DDA will operate similarly to toll the statute of limitations applicable to Guarantor’s liability hereunder); (d) any right to require the Authority to proceed against Developer or any other person or entity liable to the Authority except to the extent expressly set forth in the DDA; (e) any right to require the Authority to apply to the cure of any default any letter of credit or other security it may hold under the DDA, except to the extent expressly set forth in the DDA; (f) until the Guaranteed Obligations have been satisfied in full, any right of subrogation; (g) any right to require the Authority to pursue or enforce any remedy that the Authority now has or may later have against Developer or any other person or entity; (h) any right to participate in any letter of credit or other security now or later held by the Authority; and

Related to Guarantor hereby waives

  • Governing Law; Consent to Jurisdiction; Waiver of Trial by Jury THIS AGREEMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO OR IN CONNECTION WITH THE AGREEMENT, THE RELATIONSHIP OF THE PARTIES, AND/OR THE INTERPRETATION AND ENFORCEMENT OF THE RIGHTS AND DUTIES OF THE PARTIES WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ANY CONFLICTS OF LAW PRINCIPLES OTHER THAN SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH OF THE PURCHASER AND THE MORTGAGE LOAN SELLER HEREBY IRREVOCABLY (I) SUBMITS TO THE JURISDICTION OF ANY NEW YORK STATE AND FEDERAL COURTS SITTING IN THE BOROUGH OF MANHATTAN IN NEW YORK CITY WITH RESPECT TO MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT; (II) AGREES THAT ALL CLAIMS WITH RESPECT TO ANY ACTION OR PROCEEDING REGARDING SUCH MATTERS MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE OR FEDERAL COURTS; (III) WAIVES, TO THE FULLEST POSSIBLE EXTENT, WITH RESPECT TO SUCH COURTS, THE DEFENSE OF AN INCONVENIENT FORUM; (IV) AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW; AND (V) WAIVES TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, SUIT, PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) RELATING TO OR ARISING OUT OF THIS AGREEMENT.

  • Waiver of Trial by Jury Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

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