Common use of Notices, Demands, Etc Clause in Contracts

Notices, Demands, Etc. Except as expressly provided by this Agreement, neither Agent nor any Lender shall be under any obligation whatsoever to make or give to any Borrower or Guarantor, and each Borrower and Guarantor hereby waives diligence, all rights of setoff and counterclaim against Agent or any Lender, all demands, presentments, protests, notices of protests, notices of protests, notices of nonperformance, notices of dishonor, and all other notices of every kind or nature, including notice of the existence, creation or incurring of any new or additional Obligations.

Appears in 4 contracts

Samples: Loan and Security Agreement (RTW Retailwinds, Inc.), Loan and Security Agreement (New York & Company, Inc.), Loan and Security Agreement (New York & Company, Inc.)

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Notices, Demands, Etc. Except as expressly provided by this Agreement, neither Agent nor any Lender shall be under any obligation whatsoever to make or give to any Borrower or GuarantorBorrower, and each Borrower and Guarantor hereby waives diligence, all rights of setoff and counterclaim against Agent or any Lender, all demands, presentments, protests, notices of protests, notices of protests, notices of nonperformance, notices of dishonor, and all other notices of every kind or nature, including notice of the existence, creation or incurring of any new or additional Obligations.

Appears in 4 contracts

Samples: Loan and Security Agreement (Natrol Inc), Assignment and Acceptance Agreement (New York & Company, Inc.), Loan and Security Agreement (MTS Inc)

Notices, Demands, Etc. Except as expressly provided by this Agreement, neither Administrative and Collateral Agent nor any Lender shall be under any obligation whatsoever to make or give to any Borrower or GuarantorBorrower, and each Borrower and Guarantor hereby waives diligence, all rights of setoff and counterclaim against Administrative and Collateral Agent or any Lender, all demands, presentments, protests, notices of protests, notices of protests, notices of nonperformance, notices of dishonor, and all other notices of every kind or nature, including notice of the existence, creation or incurring of any new or additional Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.), Loan and Security Agreement (BlueLinx Holdings Inc.)

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Notices, Demands, Etc. Except as expressly provided by this Agreement, neither Agent nor any Lender shall be under any obligation whatsoever to make or give to any Borrower 153 or Guarantor, and each Borrower and Guarantor hereby waives diligence, all rights of setoff and counterclaim against Agent or any Lender, all demands, presentments, protests, notices of protests, notices of protests, notices of nonperformance, notices of dishonor, and all other notices of every kind or nature, including notice of the existence, creation or incurring of any new or additional Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (New York & Company, Inc.)

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