OUR WAIVERS. We waive any right to require you to (a) proceed against any other person to enforce the Indebtedness; (b)pxoceed against or exhaust any leased property or collateral relative to the Indebtedness; (c) give us any notice with respect to leased or other property repossessed from Customer; (d) pursue any other remedy in your power or (e)give any notices in connection with the Indebtedness or this Guaranty including as to additional ormodifiCd Indebtedness. We waive any defense to liability arising from (a) any defense of any other person, (b) the cessation, other than by payment and performance In faIL of the Indebtedness or Customer's liability therefor; (c) the use of any property leased or thinced In connection with the Indebtedness for purposes other than those understood by us; (d) any act or omission by you which directly or indirectly discharges Customer on any Indebtedness or which increases the probability or amount of our liability hereunder; (a) your feilure to enforce or delay in enforcing your rights as to the Indebtedness; (I) an impainnent of any security for the Indebtedness or any guaranty thereot~ or (g) any other rights, privileges, defenses orprotections available to us by reason of Sections 2787 to 2855, inclusive, of the California Civil Code. Until all Indebtedness ispald, we shall have no subrogation rights against Customer or right of reimbursement against Customer because of the performance of this Guaranty. Our waivers include our waiver of any rights and defenses which we may have because any Indebtedness is secured by real property. This means, among other things that (a) you may collect from us without first foreclosing on any real orpersonal property security pledged by Customer for any Indebtedness and (b) if you foreclose on any real property security pledged by Customer for any Indebtedness: (i) the amount of the Indebtedness maybe reduced only by the price for which that security is sold at the foreclosure sale, even if the security is worth more than the sale price, and (11) you may collect from us even if you, by foreclosing on the real property security, have destroyed any right we may have to collect fiom Customer. This is an unconditional waiver, as are all other waivers in this Guaranty, which relate to any rights and defenses we may have because Indebtedness is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Sections 580a, S80b~ 5804 or 726 of the Code ofCivil ProcedUre. Further in this respect, we waive all tights and defenses arising out of an election of remedies by you, even though that election of remedies, such as a nosdudicial foreclosure with respect to real property security for any Indebtedness, has destroyed our rights of subrogation and reimbursement against Customerby the operation ofSection580dofthe Code of Civil Procedure or otherwise. EACH OF THE WAIVERS SEF FORTH ABOVE ARE MADE WITH OUR PULL KNOWLEDGE OF THEIR SIGNIFICANCE AND CONSEQUENCES, INCLUDING THAT WiTHOUT THESE WAIVERS WE MIGHT BE ABLE TO AVOID FURTHER LIABIlITY UNDER THIS GUARANTY UPON THE OCCURRENCE OF AN EVENT TO WHICH A WAIVER RELATES, AND WE BElIEVE THAT UNDER THE CIRCUMSTANCES THE WAIVERS ARE REASONABLE AND NOT CONTRARY TO PUBlIC POlICY OR LAW. Waivers determined to be cannery to any applicable law orpublic policy shall be eflbctlve to the extent pcuuittódby law.
Appears in 2 contracts
Samples: Equipment Lease Agreement (Compliance Systems Corp), Equipment Lease Agreement (Compliance Systems Corp)
OUR WAIVERS. We waive any right to require you to (a) proceed against any other person to enforce the Indebtedness; (b)pxoceed against or exhaust any leased property or collateral relative to the Indebtedness; (c) give us any notice with respect to leased or other property repossessed from Customer; (d) pursue any other remedy in your power or (e)give any notices in connection with the Indebtedness or this Guaranty including as to additional ormodifiCd Indebtedness. We waive any defense to liability arising from unconditionally and absolutely waive:
(a) any defense obligation you may have to protect, secure or insure any of the collateral given to secure the payment of the Obligations or to ensure the Seller's compliance with any other person, such obligation imposed on the Seller under the Finance Facilities;
(b) the cessation, other than by payment and performance In faIL any right to participate in any of the Indebtedness or Customer's liability therefor; collateral given as security for the payment of the Finance Facilities;
(c) the use notice of any property leased or thinced In connection with the Indebtedness for purposes other than those understood by us; your acceptance of this Guarantee;
(d) any act or omission by you which directly or indirectly discharges Customer on right to notice of presentment, notice of demand for payment, notice of non-performance, protest, notice of protest and notice of dishonor, notice of non-payment and notice of partial payment;
(e) any Indebtedness or which increases the probability or amount of our liability hereunder; (a) your feilure right to enforce or delay in enforcing your rights as to the Indebtedness; (I) an impainnent notice of any default under any of the Finance Facilities or in the performance of any of the covenants and agreements contained therein or in any instrument given as security for therefor;
(f) any defense, offset or claim the Indebtedness or any guaranty thereot~ or Seller may have against you;
(g) any other rights, privileges, defenses orprotections available to us by reason limitation or exculpation of Sections 2787 to 2855, inclusive, liability on the part of the California Civil Code. Until all Indebtedness ispald, we shall have no subrogation rights against Customer Seller whether contained in the Finance Facilities or otherwise;
(h) the right of reimbursement against Customer because of to notice and the performance of this Guaranty. Our waivers include our waiver right to consent or object to the transfer or sale by the Seller of any rights and defenses which we may have because collateral or any Indebtedness is secured by real property. This means, among other things that (a) you may collect from us without first foreclosing on diminution in value of any real orpersonal property security pledged by Customer for collateral or any Indebtedness and (b) if you foreclose on release of any real property security pledged by Customer for any Indebtedness: collateral;
(i) any defense, offset or claim of lack of commercial reasonableness in the method, manner, time, place and terms of the disposition of collateral given as security for the Obligations;
(j) any failure, neglect or omission on your part to realize upon or protect the Obligations or any collateral given as security therefor;
(k) any right to insist that you prosecute collection of the Obligations or resort to any collateral given as security for the Obligations or to proceed against the Seller or against any other guarantor or surety prior to enforcing this Guarantee; provided, however, in your sole discretion you may, either in a separate action or in an action pursuant to this Guarantee, pursue your remedies against the Seller or any other guarantor or surety, without affecting your rights under this Guarantee;
(l) any right to participate in or direct such action or proceeding in 4(k) above;
(m) any right to notice of advances made to Seller under the Finance Facilities;
(n) any right relating to notice or any order, method or manner of application of any payments on the Obligations; and/or
(o) any right to insist that you disburse the full principal amount of the Indebtedness maybe reduced only by Finance Facilities to Seller or the price for which that security is sold at order, method, manner or amounts disbursed under the foreclosure sale, even if the security is worth more than the sale price, and (11) you may collect from us even if you, by foreclosing on the real property security, have destroyed any right we may have to collect fiom Customer. This is an unconditional waiver, as are all other waivers in this Guaranty, which relate to any rights and defenses we may have because Indebtedness is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Sections 580a, S80b~ 5804 or 726 of the Code ofCivil ProcedUre. Further in this respect, we waive all tights and defenses arising out of an election of remedies by you, even though that election of remedies, such as a nosdudicial foreclosure with respect to real property security for any Indebtedness, has destroyed our rights of subrogation and reimbursement against Customerby the operation ofSection580dofthe Code of Civil Procedure or otherwise. EACH OF THE WAIVERS SEF FORTH ABOVE ARE MADE WITH OUR PULL KNOWLEDGE OF THEIR SIGNIFICANCE AND CONSEQUENCES, INCLUDING THAT WiTHOUT THESE WAIVERS WE MIGHT BE ABLE TO AVOID FURTHER LIABIlITY UNDER THIS GUARANTY UPON THE OCCURRENCE OF AN EVENT TO WHICH A WAIVER RELATES, AND WE BElIEVE THAT UNDER THE CIRCUMSTANCES THE WAIVERS ARE REASONABLE AND NOT CONTRARY TO PUBlIC POlICY OR LAW. Waivers determined to be cannery to any applicable law orpublic policy shall be eflbctlve to the extent pcuuittódby lawFinance Facilities.
Appears in 1 contract
Samples: Guarantee (Tarpon Industries, Inc.)
OUR WAIVERS. We waive any right to require you to (a) proceed against any other person to enforce the Indebtedness; (b)pxoceed against or exhaust any leased property or collateral relative to the Indebtedness; (c) give us any notice with respect to leased or other property repossessed from Customer; (d) pursue any other remedy in your power or (e)give any notices in connection with the Indebtedness or this Guaranty including as to additional ormodifiCd Indebtedness. We waive any defense to liability arising from unconditionally and absolutely waive:
(a) any defense obligation you may have to protect, secure or insure any of the collateral given to secure the payment of the Obligations or to ensure any other person, Credit Party's compliance with any such obligation imposed on any Credit Party under the Loan Documents;
(b) the cessation, other than by payment and performance In faIL any right to participate in any of the Indebtedness or Customer's liability therefor; collateral given as security for the payment under the terms of the Agreement;
(c) the use notice of any property leased or thinced In connection with the Indebtedness for purposes other than those understood by us; your acceptance of this Guaranty;
(d) any act or omission by you which directly or indirectly discharges Customer on right to notice of presentment, notice of demand for payment, notice of non-performance, protest, notice of protest and notice of dishonor, notice of non-payment and notice of partial payment;
(e) any Indebtedness or which increases the probability or amount of our liability hereunder; (a) your feilure right to enforce or delay in enforcing your rights as to the Indebtedness; (I) an impainnent notice of any default under any of the Loan Documents or in the performance of any of the covenants and agreements contained therein or in any instrument given as security for the Indebtedness transactions contemplated in the Agreement;
(f) any defense, offset or claim any guaranty thereot~ or Credit Party may have against you;
(g) any other rights, privileges, defenses orprotections available to us by reason limitation or exculpation of Sections 2787 to 2855, inclusive, of liability on the California Civil Code. Until all Indebtedness ispald, we shall have no subrogation rights against Customer or right of reimbursement against Customer because of the performance of this Guaranty. Our waivers include our waiver part of any rights Credit Party whether contained in the Loan Documents or otherwise;
(h) the right to notice and defenses which we may have because the right to consent or object to the transfer or sale by any Indebtedness is secured by real property. This means, among other things that (a) you may collect from us without first foreclosing on Credit Party of any real orpersonal property security pledged by Customer for collateral or any Indebtedness and (b) if you foreclose on diminution in value of any real property security pledged by Customer for collateral or any Indebtedness: release of any collateral;
(i) any defense, offset or claim of lack of commercial reasonableness in the amount method, manner, time, place and terms of the Indebtedness maybe reduced only by disposition of collateral given as security for the price for which that Obligations;
(j) any failure, neglect or omission on your part to realize upon or protect the Obligations or any collateral given as security is sold at the foreclosure sale, even if the security is worth more than the sale price, and therefor;
(11k) you may collect from us even if you, by foreclosing on the real property security, have destroyed any right we may have to collect fiom Customer. This is insist that you prosecute collection of the Obligations or resort to any collateral given as security for the Obligations or to proceed against any Credit Party or against any other guarantor or surety prior to enforcing this Guaranty; provided, however, in your sole discretion you may, either in a separate action or in an unconditional waiver, as are all other waivers in action pursuant to this Guaranty, which relate pursue your remedies against any Credit Party or any other guarantor or surety, without affecting your rights under this Guaranty;
(l) any right to participate in or direct such action or proceeding in (k) above;
(m) any right to notice of advances made to any rights and defenses we may have because Indebtedness is secured by real property. These rights and defenses includeCredit Party under the Loan Documents;
(n) any right relating to notice or any order, but are not limited to, method or manner of application of any rights or defenses based upon Sections 580a, S80b~ 5804 or 726 of payments on the Code ofCivil ProcedUre. Further in this respect, we waive all tights and defenses arising out of an election of remedies by you, even though Obligations; and/or
(o) any right to insist that election of remedies, such as a nosdudicial foreclosure with respect to real property security for any Indebtedness, has destroyed our rights of subrogation and reimbursement against Customerby you disburse the operation ofSection580dofthe Code of Civil Procedure or otherwise. EACH OF THE WAIVERS SEF FORTH ABOVE ARE MADE WITH OUR PULL KNOWLEDGE OF THEIR SIGNIFICANCE AND CONSEQUENCES, INCLUDING THAT WiTHOUT THESE WAIVERS WE MIGHT BE ABLE TO AVOID FURTHER LIABIlITY UNDER THIS GUARANTY UPON THE OCCURRENCE OF AN EVENT TO WHICH A WAIVER RELATES, AND WE BElIEVE THAT UNDER THE CIRCUMSTANCES THE WAIVERS ARE REASONABLE AND NOT CONTRARY TO PUBlIC POlICY OR LAW. Waivers determined to be cannery full principal amount due under the Loan Documents to any applicable law orpublic policy shall be eflbctlve Credit Party or the order, method, manner or amounts disbursed pursuant to the extent pcuuittódby lawLoan Documents.
Appears in 1 contract
Samples: Validity Guaranty (Diversified Corporate Resources Inc)
OUR WAIVERS. We waive any right to require you to (a) proceed against any other person to enforce the Indebtedness; (b)pxoceed against or exhaust any leased property or collateral relative to the Indebtedness; (c) give us any notice with respect to leased or other property repossessed from Customer; (d) pursue any other remedy in your power or (e)give any notices in connection with the Indebtedness or this Guaranty including as to additional ormodifiCd Indebtedness. We waive any defense to liability arising from unconditionally and absolutely waive:
(a) any defense obligation you may have to protect, secure or insure any of any other person, the collateral given to secure the payment of the Guaranty Obligations;
(b) the cessation, other than by payment and performance In faIL any right to participate in any of the Indebtedness or Customer's liability therefor; collateral given as security for the payment under the terms of the Agreement;
(c) the use notice of any property leased or thinced In connection with the Indebtedness for purposes other than those understood by us; your acceptance of this Guaranty;
(d) any act or omission by you which directly or indirectly discharges Customer on right to notice of presentment, notice of demand for payment, notice of non-performance, protest, notice of protest and notice of dishonor, notice of non-payment and notice of partial payment;
(e) any Indebtedness or which increases the probability or amount of our liability hereunder; (a) your feilure right to enforce or delay in enforcing your rights as to the Indebtedness; (I) an impainnent notice of any default under any of the Transaction Documents or in the performance of any of the covenants and agreements contained therein or in any instrument given as security for the Indebtedness transactions contemplated in the Agreement;
(f) any defense, offset or any guaranty thereot~ or claim Borrower may have against you;
(g) any other rights, privileges, defenses orprotections available limitation or exculpation of liability on the part of Borrower whether contained in the Transaction Documents or otherwise;
(h) the right to us notice and the right to consent or object to the transfer or sale by reason of Sections 2787 to 2855, inclusive, of the California Civil Code. Until all Indebtedness ispald, we shall have no subrogation rights against Customer or right of reimbursement against Customer because of the performance of this Guaranty. Our waivers include our waiver Borrower of any rights and defenses which we may have because collateral or any Indebtedness is secured by real property. This means, among other things that (a) you may collect from us without first foreclosing on diminution in value of any real orpersonal property security pledged by Customer for collateral or any Indebtedness and (b) if you foreclose on release of any real property security pledged by Customer for any Indebtedness: collateral;
(i) any defense, offset or claim of lack of commercial reasonableness in the amount method, manner, time, place and terms of the Indebtedness maybe reduced only by disposition of collateral given as security for the price for which that Guaranty Obligations;
(j) any failure, neglect or omission on your part to realize upon or protect the Guaranty Obligations or any collateral given as security is sold at the foreclosure sale, even if the security is worth more than the sale price, and therefor;
(11k) you may collect from us even if you, by foreclosing on the real property security, have destroyed any right we may have to collect fiom Customer. This is insist that you prosecute collection of the Guaranty Obligations or resort to any collateral given as security for the Guaranty Obligations or to proceed against Borrower or against any other guarantor or surety prior to enforcing this Guaranty; provided, however, in your sole discretion you may, either in a separate action or in an unconditional waiver, as are all other waivers in action pursuant to this Guaranty, which relate pursue your remedies against Borrower or any other guarantor or surety, without affecting your rights under this Guaranty;
(l) any right to participate in or direct such action or proceeding in (k) above;
(m) any rights and defenses we may have because Indebtedness is secured by real property. These rights and defenses includeright to notice of advances made to Borrower under the Transaction Documents;
(n) any right relating to notice or any order, but are not limited tomethod or manner of application of any payments on the Guaranty Obligations; and/or
(o) any right to insist that you disburse the full principal amount due under the Transaction Documents to Borrower or the order, any rights method, manner or defenses based upon Sections 580a, S80b~ 5804 or 726 of the Code ofCivil ProcedUre. Further in this respect, we waive all tights and defenses arising out of an election of remedies by you, even though that election of remedies, such as a nosdudicial foreclosure with respect to real property security for any Indebtedness, has destroyed our rights of subrogation and reimbursement against Customerby the operation ofSection580dofthe Code of Civil Procedure or otherwise. EACH OF THE WAIVERS SEF FORTH ABOVE ARE MADE WITH OUR PULL KNOWLEDGE OF THEIR SIGNIFICANCE AND CONSEQUENCES, INCLUDING THAT WiTHOUT THESE WAIVERS WE MIGHT BE ABLE TO AVOID FURTHER LIABIlITY UNDER THIS GUARANTY UPON THE OCCURRENCE OF AN EVENT TO WHICH A WAIVER RELATES, AND WE BElIEVE THAT UNDER THE CIRCUMSTANCES THE WAIVERS ARE REASONABLE AND NOT CONTRARY TO PUBlIC POlICY OR LAW. Waivers determined to be cannery to any applicable law orpublic policy shall be eflbctlve amounts disbursed pursuant to the extent pcuuittódby lawTransaction Documents.
Appears in 1 contract
OUR WAIVERS. We waive any right to require you to (a) proceed against any other person to enforce the Indebtedness; (b)pxoceed against or exhaust any leased property or collateral relative to the Indebtedness; (c) give us any notice with respect to leased or other property repossessed from Customer; (d) pursue any other remedy in your power or (e)give any notices in connection with the Indebtedness or this Guaranty including as to additional ormodifiCd Indebtedness. We waive any defense to liability arising from unconditionally and absolutely waive:
(a) any defense obligation you may have to protect, secure or insure any of the collateral given to secure the payment of the Obligations or to ensure Borrower’s compliance with any other person, such obligation imposed on Borrower under the Loan Documents;
(b) the cessation, other than by payment and performance In faIL any right to participate in any of the Indebtedness or Customer's liability therefor; collateral given as security for the payment of the Loan;
(c) the use notice of any property leased or thinced In connection with the Indebtedness for purposes other than those understood by us; your acceptance of this Guaranty;
(d) any act or omission by you which directly or indirectly discharges Customer on right to notice of presentment, notice of demand for payment, notice of non- performance, protest, notice of protest and notice of dishonor, notice of non-payment and notice of partial payment;
(e) any Indebtedness or which increases the probability or amount of our liability hereunder; (a) your feilure right to enforce or delay in enforcing your rights as to the Indebtedness; (I) an impainnent notice of any default under any of the Loan Documents or in the performance of any of the covenants and agreements contained therein or in any instrument given as security for the Indebtedness Loan;
(f) any defense, offset or any guaranty thereot~ or claim Borrower may have against you;
(g) any other rights, privileges, defenses orprotections available limitation or exculpation of liability on the part of Borrower whether contained in the Loan Documents or otherwise;
(h) the right to us notice and the right to consent or object to the transfer or sale by reason of Sections 2787 to 2855, inclusive, of the California Civil Code. Until all Indebtedness ispald, we shall have no subrogation rights against Customer or right of reimbursement against Customer because of the performance of this Guaranty. Our waivers include our waiver Borrower of any rights and defenses which we may have because collateral or any Indebtedness is secured by real property. This means, among other things that (a) you may collect from us without first foreclosing on diminution in value of any real orpersonal property security pledged by Customer for collateral or any Indebtedness and (b) if you foreclose on release of any real property security pledged by Customer for any Indebtedness: collateral;
(i) any defense, offset or claim of lack of commercial reasonableness in the method, manner, time, place and terms of the disposition of collateral given as security for the Obligations;
(j) any failure, neglect or omission on your part to realize upon or protect the Obligations or any collateral given as security therefor;
(k) any right to insist that you prosecute collection of the Obligations or resort to any collateral given as security for the Obligations or to proceed against Borrower or against any other guarantor or surety prior to enforcing this Guaranty; provided, however, in your sole discretion you may, either in a separate action or in an action pursuant to this Guaranty, pursue your remedies against Borrower or any other guarantor or surety, without affecting your rights under this Guaranty;
(l) any right to participate in or direct such action or proceeding in 4(k) above;
(m) any right to notice of advances made to Borrower under the Loan Documents;
(n) any right relating to notice or any order, method or manner of application of any payments on the Obligations; and/or
(o) any right to insist that you disburse the full principal amount of the Indebtedness maybe reduced only by Loan to Borrower or the price for which that security is sold at order, method, manner or amounts disbursed under the foreclosure sale, even if the security is worth more than the sale price, and (11) you may collect from us even if you, by foreclosing on the real property security, have destroyed any right we may have to collect fiom Customer. This is an unconditional waiver, as are all other waivers in this Guaranty, which relate to any rights and defenses we may have because Indebtedness is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Sections 580a, S80b~ 5804 or 726 of the Code ofCivil ProcedUre. Further in this respect, we waive all tights and defenses arising out of an election of remedies by you, even though that election of remedies, such as a nosdudicial foreclosure with respect to real property security for any Indebtedness, has destroyed our rights of subrogation and reimbursement against Customerby the operation ofSection580dofthe Code of Civil Procedure or otherwise. EACH OF THE WAIVERS SEF FORTH ABOVE ARE MADE WITH OUR PULL KNOWLEDGE OF THEIR SIGNIFICANCE AND CONSEQUENCES, INCLUDING THAT WiTHOUT THESE WAIVERS WE MIGHT BE ABLE TO AVOID FURTHER LIABIlITY UNDER THIS GUARANTY UPON THE OCCURRENCE OF AN EVENT TO WHICH A WAIVER RELATES, AND WE BElIEVE THAT UNDER THE CIRCUMSTANCES THE WAIVERS ARE REASONABLE AND NOT CONTRARY TO PUBlIC POlICY OR LAW. Waivers determined to be cannery to any applicable law orpublic policy shall be eflbctlve to the extent pcuuittódby lawLoan Documents.
Appears in 1 contract
