Pledgor’s Waivers Sample Clauses
The Pledgor’s Waivers clause defines the specific rights and defenses that the pledgor (the party providing collateral) voluntarily gives up in connection with a secured transaction. Typically, this clause outlines that the pledgor waives certain legal protections, such as the right to receive notice of the sale of collateral, the right to require the secured party to pursue other remedies first, or the right to object to the manner of enforcement. By including these waivers, the clause streamlines the enforcement process for the secured party and reduces potential obstacles, ultimately ensuring that the secured party can more efficiently realize on the collateral if the pledgor defaults.
Pledgor’s Waivers. Pledgor waives:
(i) All statutes of limitations as a defense to any action or proceeding brought against Pledgor or the Collateral by Secured Party or any Lender, to the fullest extent permitted by law;
(ii) Any right it may have to require Secured Party or any Lender to proceed against the Acquisition Sub, any Guarantor or any other Person, proceed against or exhaust any security held from the Acquisition Sub, any Guarantor or any Person, or pursue any other remedy in Secured Party's or such Lender's power to pursue;
(iii) Any defense based on any claim that Pledgor's obligations exceed or are more burdensome than those of any Guarantor or the Acquisition Sub;
(iv) Any defense: (A) based on any legal disability of the Acquisiton Sub or any Guarantor, (B) based on any release, discharge, modification, impairment or limitation of the liability of the Acquisiton Sub or any Guarantor to Secured Party or any Lender from any cause, whether consented to by Secured Party or arising by operation of law, (C) arising out of or able to be asserted as a result of any case, action or proceeding before any court or other Governmental Authority relating to any Insolvency Proceeding or (D) arising from any rejection or disaffirmance of the Obligations, or any part thereof, or any security held therefor, in any such Insolvency Proceeding;
(v) Any defense based on any action taken or omitted by Secured Party or any Lender in any Insolvency Proceeding involving the Acquisiton Sub or any Guarantor or any other Pledgor, including any election to have Secured Party's or such Lender's claim allowed as being secured, partially secured or unsecured, any extension of credit by Secured Party or any Lender to the Acquisiton Sub or any Guarantor in any Insolvency Proceeding, and the taking and holding by Secured Party or such Lender of any security for any such extension of credit;
(vi) All presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, notices of intention to accelerate, notices of acceleration, notices of acceptance of this Pledge Agreement and of the existence, creation, or incurring of new or additional indebtedness, and demands and notices of every kind; and
(vii) Any defense based on or arising out of any defense that the Acquisiton Sub or any Guarantor or any of their affiliates may have to the payment or performance of the Obligations.
Pledgor’s Waivers. Lender’s security interest in the Pledged Collateral shall be absolute and unconditional regardless of the existence or occurrence of, and Pledgor expressly waives its right to the return of the Pledged Collateral in the Event of Default hereunder, together with any defense or discharge which might otherwise arise from, any of the following:
(a) any lack of validity or enforceability of this Pledge Agreement or any other agreement or instrument relating hereto or thereto or otherwise relating to the Liabilities;
(b) any change in the time, manner or place of payment of, or in any other terms of, any or all of the Liabilities arising out of this Pledge Agreement, or any other amendment or waiver of, or any consent to departure from, this Pledge Agreement;
(c) any exchange, release or non-perfection of any other collateral, or any release, amendment or waiver of, or consent to departure from any guaranty, for any or all of the Liabilities;
(d) Lender’s resort during the continuation of an Event of Default, to any or all of the Pledged Collateral for payment of all or part of the Liabilities prior to proceeding against any other collateral or any other party primarily or secondarily liable for payment thereof; or
(e) to the extent permitted by law, any other circumstance which might otherwise constitute a defense available to Pledgor as of the date hereof, or a discharge of Pledgor in respect of the Liabilities or this Pledge Agreement.
Pledgor’s Waivers. (a) Pledgor waives any right to require Secured Party to: (i) proceed against any person, including Tenant or Pledgor under the Contribution Agreement;
Pledgor’s Waivers. Pledgee’s security interest in the Share Collateral shall be absolute and unconditional regardless of the existence or occurrence of, and Pledgor expressly waives any defense or discharge that might otherwise arise from, any of the following:
Pledgor’s Waivers. 13.1 Pledgor waives any right to require Secured Party to proceed against any person, to marshal assets or proceed against or exhaust Collateral or any part thereof, or to pursue any other remedy in Secured Party’s power. Pledgor waives any defense arising by reason of any disability or other defense of any other person or entity, or by reason of the cessation from any cause whatsoever of the liability of Pledgor or any other person or entity.
13.2 Until all the Secured Obligations are discharged, performed, satisfied and paid in full, as applicable, Pledgor shall not have any right of subrogation, contribution, reimbursement or indemnity. Pledgor waives any right to enforce any remedy that Secured Party now has or may have in the future against any other person or entity, and Pledgor waives any benefit of and any right to participate in any collateral or security other than the Collateral whatsoever now or in the future held by Secured Party.
Pledgor’s Waivers. Pledgor waives any right to require Secured Party to (i) give notice of the terms, time and place of any public or private sale of personal property security held from Pledgor or any other person or otherwise comply with any other provisions of Section 9-504 Uniform Commercial Code; (ii) pursue any other remedy in Secured Party's power, including the disposition of any other Collateral; or (iii) make any presentments or demands for performance, or give any notices of nonperformance, protests, notices of protest or notices of dishonor in connection with any obligations or evidences of indebtedness held by Secured Party as security or which constitute in whole or in part the Obligations secured hereunder, or in connection with the creation of new or additional Obligations.
Pledgor’s Waivers. Pledgor waives without notice each demand, presentment, protest and other act or thing upon which any of Pledgor's obligations or the Lender's rights or remedies pursuant to this Pledge would or might be conditioned. In addition, this Pledge shall not be modified or terminated as to Pledgor by any renewal, refinancing or extension of the time for payment, any change or disposition of security; or acceptance by the Lender of any writing intended by any other person to create an accord and satisfaction, with respect to the Obligations secured by the Pledge.
Pledgor’s Waivers
Pledgor’s Waivers