Common use of Knowing and Explicit Waivers Clause in Contracts

Knowing and Explicit Waivers. Each Guarantor acknowledges that it either has obtained the advice of legal counsel or has had the opportunity to obtain such advice in connection with the terms and provisions of this Section 10.14. Each Guarantor acknowledges and agrees that each of the waivers and consents set forth herein is made with full knowledge of its significance and consequences, that all such waivers and consents herein are explicit and knowing and that each Guarantor expects such waivers and consents to be fully enforceable. If, while any Guarantor Subordinated Debt is outstanding, any Proceeding under any Bankruptcy Law is commenced by or against Borrower or their property, Lender is hereby irrevocably authorized and empowered (in the name of Lender or in the name of any Guarantor or otherwise), but shall have no obligation, to demand, xxx for, collect and receive every payment or distribution in respect of all Guarantor Subordinated Debt and give acquittances therefor and to file claims and proofs of claim and take such other action (including voting the Guarantor Subordinated Debt) as it may deem necessary or advisable for the exercise or enforcement of any of the rights or interests of Lender; and each Guarantor shall promptly take such action as Lender may reasonably request: (A) to collect the Guarantor Subordinated Debt for the account of Lender and to file appropriate claims or proofs of claim in respect of the Guarantor Subordinated Debt; (B) to execute and deliver to Lender such powers of attorney, assignments and other instruments as it may request to enable it to enforce any and all claims with respect to the Guarantor Subordinated Debt; and (C) to collect and receive any and all Guarantor Subordinated Debt Payments.

Knowing and Explicit Waivers. Each Subsidiary Guarantor acknowledges that it either has obtained the advice of legal counsel or has had the opportunity to obtain such advice in connection with the terms and provisions of this Section 10.1410.15. Each Subsidiary Guarantor acknowledges and agrees that each of the waivers and consents set forth herein is made with full knowledge of its significance and consequences, that all such waivers and consents herein are explicit and knowing and that each Subsidiary Guarantor expects such waivers and consents to be fully enforceable. 140 If, while any Guarantor Subordinated Debt Indebtedness is outstanding, any Proceeding proceeding under any Bankruptcy Law is commenced by or against any Borrower or their its property, Administrative Agent, when so instructed by L/C Issuer, Swing Line Lender and Required Lenders, is hereby irrevocably authorized and empowered (in the name of Lender Lending Parties or in the name of any Subsidiary Guarantor or otherwise), but shall will have no obligation, to demand, xxx for, collect and receive every payment or distribution in respect of all Guarantor Subordinated Debt Indebtedness and give acquittances therefor and to file claims and proofs of claim and take such other action (including voting the Guarantor Subordinated DebtIndebtedness) as it may deem necessary or advisable for the exercise or enforcement of any of the rights or interests of LenderAdministrative Agent and Lending Parties; and each Subsidiary Guarantor shall will promptly take such action as Administrative Agent (on instruction from L/C Issuer, Swing Line Lender and Required Lenders) may reasonably request: (A) to collect the Guarantor Subordinated Debt Indebtedness for the account of Lender the Lending Parties and to file appropriate claims or proofs of claim in respect of the Guarantor Subordinated DebtIndebtedness; (B) to execute and deliver to Lender Administrative Agent such powers of attorney, assignments and other instruments as it may request to enable it to enforce any and all claims with respect to the Guarantor Subordinated DebtIndebtedness; and (C) to collect and receive any and all Guarantor Subordinated Debt Indebtedness Payments.

Knowing and Explicit Waivers. Each Subsidiary Guarantor acknowledges that it either has obtained the advice of legal counsel or has had the opportunity to obtain such advice in connection with the terms and provisions of this Section 10.1410.15. Each Subsidiary Guarantor acknowledges and agrees that each of the waivers and consents set forth herein is made with full knowledge of its significance and consequences, that all such waivers and consents herein are explicit and knowing and that each Subsidiary Guarantor expects such waivers and consents to be fully enforceable. 135 If, while any Guarantor Subordinated Debt Indebtedness is outstanding, any Proceeding proceeding under any Bankruptcy Law is commenced by or against any Borrower or their its property, Administrative Agent, when so instructed by L/C Issuer, Swing Line Lender and Required Lenders, is hereby irrevocably authorized and empowered (in the name of Lender Lending Parties or in the name of any Subsidiary Guarantor or otherwise), but shall will have no obligation, to demand, xxx for, collect and receive every payment or distribution in respect of all Guarantor Subordinated Debt Indebtedness and give acquittances therefor and to file claims and proofs of claim and take such other action (including voting the Guarantor Subordinated DebtIndebtedness) as it may deem necessary or advisable for the exercise or enforcement of any of the rights or interests of LenderAdministrative Agent and Lending Parties; and each Subsidiary Guarantor shall will promptly take such action as Administrative Agent (on instruction from L/C Issuer, Swing Line Lender and Required Lenders) may reasonably request: (A) to collect the Guarantor Subordinated Debt Indebtedness for the account of Lender the Lending Parties and to file appropriate claims or proofs of claim in respect of the Guarantor Subordinated DebtIndebtedness; (B) to execute and deliver to Lender Administrative Agent such powers of attorney, assignments and other instruments as it may request to enable it to enforce any and all claims with respect to the Guarantor Subordinated DebtIndebtedness; and (C) to collect and receive any and all Guarantor Subordinated Debt Indebtedness Payments.

Knowing and Explicit Waivers. Each Subsidiary Guarantor acknowledges that it either has obtained the advice of legal counsel or has had the opportunity to obtain such advice in connection with the terms and provisions of this Section 10.14Article VIII. Each Subsidiary Guarantor acknowledges and agrees that each of the waivers and consents set forth herein is made with full knowledge of its significance and consequences, that all such waivers and consents herein are explicit and knowing and that each Subsidiary Guarantor expects such waivers and consents to be fully enforceable. If, while any Subsidiary Guarantor Subordinated Debt is outstanding, any Proceeding proceeding under any Bankruptcy Law is commenced by or against Borrower or their its property, Lender Bank is hereby irrevocably authorized and empowered (in the name of Lender Bank or in the name of any Subsidiary Guarantor or otherwise), but shall have no obligation, to demand, xxx for, collect and receive every payment or distribution in respect of all Subsidiary Guarantor Subordinated Debt and give acquittances therefor and to file claims and proofs of claim and take such other action (including voting the Subsidiary Guarantor Subordinated Debt) as it may deem necessary or advisable for the exercise or enforcement of any of the rights or interests of LenderBank; and each Subsidiary Guarantor shall promptly take such action as Lender Bank may reasonably request: (A) to collect the Subsidiary Guarantor Subordinated Debt for the account of Lender Bank and to file appropriate claims or proofs of claim in respect of the Subsidiary Guarantor Subordinated Debt; (B) to execute and deliver to Lender Bank such powers of attorney, assignments and other instruments as it may request to enable it to enforce any and all claims with respect to the Subsidiary Guarantor Subordinated Debt; and (C) to collect and receive any and all Subsidiary Guarantor Subordinated Debt Payments.