Common use of KNOWING AND EXPLICIT WAIVERS Clause in Contracts

KNOWING AND EXPLICIT WAIVERS. Guarantor acknowledges that it has either obtained the advice of legal counsel or has had the opportunity to obtain such advice in connection with the terms and provisions of this Guaranty. Guarantor acknowledges and agrees that each of the waivers and consents set forth herein, including, without limitation, those contained in Sections 11(b) through (d), are made with full knowledge of their significance and consequences. Additionally, Guarantor acknowledges and agrees that by executing this Guaranty, it is waiving certain rights, benefits, protections and defenses to which it may otherwise be entitled under applicable law, and that all such waivers herein are explicit, knowing waivers. Guarantor further acknowledges and agrees that Lender is relying on such waivers in creating the Guaranteed Obligations, and that such waivers are a material part of the consideration which Lender is receiving for creating the Guaranteed Obligations.

Appears in 2 contracts

Samples: Loan Agreement (Fosun International LTD), Loan Agreement (Yu Dong)

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KNOWING AND EXPLICIT WAIVERS. Guarantor acknowledges that it has either obtained the advice of legal counsel or has had the opportunity to obtain such advice in connection with the terms and provisions of this Guaranty. Guarantor acknowledges and agrees that each of the waivers and consents set forth herein, including, without limitation, those contained in Sections 11(b) 2 through (d)4, are made with full knowledge of their significance and consequences. Additionally, Guarantor acknowledges and agrees that by executing this Guaranty, it is waiving certain rights, benefits, protections and defenses to which it may otherwise be entitled under applicable law, and that all such waivers herein are explicit, knowing waivers. Guarantor further acknowledges and agrees that Lender Advanta is relying on such waivers in creating the Guaranteed Obligations, and that such waivers are a material part of the consideration which Lender Advanta is receiving for creating the Guaranteed Obligations.

Appears in 1 contract

Samples: Master Services Agreement (Advanta Corp)

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KNOWING AND EXPLICIT WAIVERS. Guarantor acknowledges that it has either obtained the advice of legal counsel or has had the opportunity to obtain such advice in connection with the terms and provisions of this Guaranty. Guarantor acknowledges and agrees that each of the waivers and consents set forth herein, including, without limitation, those contained in Sections 11(b) 2 through (d)4, are made with full knowledge of their significance and consequences. Additionally, Guarantor acknowledges and agrees that by executing this Guaranty, it is waiving certain rights, benefits, protections and defenses to which it may otherwise be entitled under applicable law, and that all such waivers herein are explicit, knowing waivers. Guarantor further acknowledges and agrees that Lender Xxxx is relying on such waivers in creating with respect to the Guaranteed Obligations, and that such waivers are a material part of the consideration which Lender Xxxx is receiving for creating in connection with the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Par Pacific Holdings, Inc.)

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