Common use of Prejudgment Remedy Waiver Clause in Contracts

Prejudgment Remedy Waiver. Waivers. THE BORROWER AND EACH OF THE SUBSIDIARY GUARANTORS ACKNOWLEDGES THAT THE LOANS AND THE TRANSACTIONS EVIDENCED BY THE REVOLVING NOTE, THE TERM NOTE, THE CREDIT AGREEMENT, THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS ARE COMMERCIAL TRANSACTIONS AND EACH WAIVES ITS RIGHTS TO NOTICE AND HEARING PRIOR TO THE ISSUANCE OF ANY PREJUDGMENT REMEDY, OR AS OTHERWISE ALLOWED BY ANY STATE OR FEDERAL LAW WITH RESPECT TO ANY PREJUDGMENT REMEDY WHICH THE LENDER MAY DESIRE TO USE, AND FURTHER WAIVES DILIGENCE, DEMAND, PRESENTMENT FOR PAYMENT, NOTICE OF NONPAYMENT, PROTEST AND NOTICE OF ANY RENEWALS OR EXTENSIONS. THE BORROWER AND EACH OF THE SUBSIDIARY GUARANTORS ACKNOWLEDGES THAT IT MAKES THIS WAIVER KNOWINGLY, WILLINGLY, VOLUNTARILY AND WITHOUT DURESS, AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH ITS ATTORNEYS.

Prejudgment Remedy Waiver. Waivers. THE BORROWER AND EACH OF THE SUBSIDIARY GUARANTORS GUARANTOR ACKNOWLEDGES THAT THE LOANS THIS GUARANTY IS A PART OF A COMMERCIAL TRANSACTION AND THE TRANSACTIONS EVIDENCED BY THE REVOLVING NOTE, THE TERM NOTE, THE CREDIT AGREEMENT, THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS ARE COMMERCIAL TRANSACTIONS AND EACH WAIVES ITS RIGHTS TO NOTICE AND HEARING PRIOR TO UNDER CHAPTER 903a OF THE ISSUANCE OF ANY PREJUDGMENT REMEDYCONNECTICUT GENERAL STATUTES, OR AS OTHERWISE ALLOWED BY ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY PREJUDGMENT REMEDY WHICH THE LENDER MAY DESIRE TO USE, AND FURTHER FURTHER, WAIVES DILIGENCE, DEMAND, PRESENTMENT FOR PAYMENT, NOTICE OF NONPAYMENT, PROTEST AND NOTICE OF ANY RENEWALS OR EXTENSIONSPROTEST WITH RESPECT TO THIS GUARANTY. THE BORROWER AND EACH OF GUARANTOR ALSO WAIVES THE SUBSIDIARY GUARANTORS RIGHT TO ASSERT IN ANY, SUIT, ACTION OR PROCEEDING WITH REGARD TO THIS GUARANTY, ANY OFF-SETS OR COUNTERCLAIMS WHICH THE GUARANTOR MAY HAVE, EXCEPT COMPULSORY COUNTERCLAIMS. THE GUARANTOR ACKNOWLEDGES THAT IT MAKES THIS WAIVER KNOWINGLY, WILLINGLYVOLUNTARILY, VOLUNTARILY AND WITHOUT DURESS, DURESS AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH ITS ATTORNEYS.

Prejudgment Remedy Waiver. WaiversTHE BORROWER ACKNOWLEDGES THAT THE TRANSACTIONS TO WHICH THIS AGREEMENT RELATE ARE COMMERCIAL TRANSACTIONS. THE BORROWER HEREBY VOLUNTARILY AND EACH OF THE SUBSIDIARY GUARANTORS ACKNOWLEDGES THAT THE LOANS AND THE TRANSACTIONS EVIDENCED BY THE REVOLVING NOTE, THE TERM NOTE, THE CREDIT AGREEMENT, THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS ARE COMMERCIAL TRANSACTIONS AND EACH KNOWINGLY WAIVES ITS RIGHTS TO NOTICE AND HEARING PRIOR TO UNDER CHAPTER 903a OF THE ISSUANCE OF ANY PREJUDGMENT REMEDYCONNECTICUT GENERAL STATUTES, AS AMENDED AND IN EFFECT ON THE DATE HEREOF, OR AS OTHERWISE ALLOWED BY ANY STATE OR FEDERAL LAW WITH RESPECT TO ANY PREJUDGMENT REMEDY WHICH OR OTHER RIGHT OR REMEDY THAT THE LENDER MAY DESIRE ELECT TO USE, AND FURTHER WAIVES DILIGENCE, DEMAND, PRESENTMENT FOR PAYMENT, NOTICE USE OR OF NONPAYMENT, PROTEST AND NOTICE OF ANY RENEWALS OR EXTENSIONSWHICH IT MAY AVAIL ITSELF. THE BORROWER FURTHER WAIVES, TO THE GREATEST EXTENT PERMITTED BY LAW, THE BENEFITS OF ALL PRESENT AND EACH FUTURE VALUATION, APPRAISEMENT, EXEMPTION, STAY, REDEMPTION AND MORATORIUM LAWS. THE BORROWER FURTHER WAIVES ANY REQUIREMENT THAT LENDER OBTAIN A BOND OR OTHER SIMILAR DEVICE IN CONNECTION WITH THE EXERCISE OF ANY REMEDY OR THE SUBSIDIARY GUARANTORS ACKNOWLEDGES THAT IT MAKES THIS WAIVER KNOWINGLY, WILLINGLY, VOLUNTARILY AND WITHOUT DURESS, AND ONLY AFTER EXTENSIVE CONSIDERATION ENFORCEMENT OF THE RAMIFICATIONS OF THIS WAIVER WITH ITS ATTORNEYSANY RIGHT HEREUNDER.

Prejudgment Remedy Waiver. Waivers. TENANT HEREBY REPRESENTS, COVENANTS AND AGREES THAT THE BORROWER AND EACH TRANSACTION OF WHICH THIS LEASE IS A PART IS A “COMMERCIAL TRANSACTION” AS DEFINED BY THE STATUTES OF THE SUBSIDIARY GUARANTORS ACKNOWLEDGES THAT THE LOANS AND THE TRANSACTIONS EVIDENCED BY THE REVOLVING NOTE, THE TERM NOTE, THE CREDIT AGREEMENT, THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS ARE COMMERCIAL TRANSACTIONS AND EACH STATE OF CONNECTICUT. TENANT HEREBY WAIVES ITS ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING PRIOR TO THE ISSUANCE OF ANY PREJUDGMENT REMEDYOR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES, SECTIONS 52-278a et seq., AS AMENDED, OR AS OTHERWISE ALLOWED BY UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES LANDLORD MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER. MORE SPECIFICALLY, TENANT ACKNOWLEDGES THAT LANDLORD’S ATTORNEY MAY, PURSUANT TO CONNECTICUT GENERAL STATUTES SECTION 52-278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WHICH WITHOUT SECURING A COURT ORDER. TENANT ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE LENDER MAY DESIRE TO USEISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY BY LANDLORD’S ATTORNEY, AND LANDLORD ACKNOWLEDGES TENANT’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. TENANT FURTHER HEREBY WAIVES DILIGENCEANY REQUIREMENT OR OBLIGATION OF LANDLORD TO POST A BOND OR OTHER SECURITY IN CONNECTION WITH ANY PREJUDGMENT REMEDY OBTAINED BY LANDLORD AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LANDLORD BASED ON ANY OFFSETS, DEMANDCLAIMS, PRESENTMENT FOR PAYMENT, NOTICE DEFENSES OR COUNTERCLAIMS OF NONPAYMENT, PROTEST TENANT OR ANY OTHER PARTY PRIMARILY OR SECONDARILY LIABLE UNDER THE LEASE TO ANY ACTION BROUGHT BY LANDLORD. TENANT ACKNOWLEDGES AND NOTICE OF ANY RENEWALS OR EXTENSIONS. THE BORROWER AND EACH AGREES THAT ALL OF THE SUBSIDIARY GUARANTORS ACKNOWLEDGES THAT IT MAKES WAIVERS CONTAINED IN THIS WAIVER SECTION HAVE BEEN MADE KNOWINGLY, WILLINGLYVOLUNTARILY, VOLUNTARILY INTENTIONALLY AND WITHOUT DURESSINTELLIGENTLY, AND ONLY AFTER EXTENSIVE CONSIDERATION WITH THE ADVISE OF THE RAMIFICATIONS OF THIS WAIVER WITH ITS ATTORNEYSCOUNSEL.

Prejudgment Remedy Waiver. Waivers. THE BORROWER EACH AND EVERY GUARANTOR OF THIS AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THE SUBSIDIARY GUARANTORS ACKNOWLEDGES THIS OBLIGATION, HEREBY ACKNOWLEDGE THAT THE LOANS AND THE TRANSACTIONS EVIDENCED BY THE REVOLVING NOTE, THE TERM NOTE, THE CREDIT AGREEMENT, TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION, AND TO THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278a TO 52-278m, INCLUSIVE, OR BY OTHER CREDIT DOCUMENTS ARE COMMERCIAL TRANSACTIONS APPLICABLE LAW EACH AND EACH WAIVES ITS EVERY GUARANTOR OF THIS AGREEMENT HEREBY WAIVE (A) ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING PRIOR OR COURT ORDER IN CONNECTION WITH ANY AND ALL PREJUDGMENT REMEDIES TO THE ISSUANCE WHICH PURCHASER MAY BECOME ENTITLED BY VIRTUE OF ANY PREJUDGMENT REMEDYDEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENTAND (B) ALL RIGHTS TO REQUEST THAT PURCHASER POST A BOND, WITH OR AS OTHERWISE ALLOWED WITHOUT SURETY, TO PROTECT SAID GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY STATE OR FEDERAL LAW WITH RESPECT TO ANY PREJUDGMENT REMEDY WHICH THE LENDER MAY DESIRE TO USE, AND FURTHER WAIVES DILIGENCE, DEMAND, PRESENTMENT FOR PAYMENT, NOTICE OF NONPAYMENT, PROTEST AND NOTICE SOUGHT OR OBTAINED BY PURCHASER BY VIRTUE OF ANY RENEWALS DEFAULT OR EXTENSIONS. THE BORROWER AND EACH OF THE SUBSIDIARY GUARANTORS ACKNOWLEDGES THAT IT MAKES THIS WAIVER KNOWINGLY, WILLINGLY, VOLUNTARILY AND WITHOUT DURESS, AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS PROVISION OF THIS WAIVER WITH ITS ATTORNEYSAGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT.

Prejudgment Remedy Waiver. WaiversTHE GUARANTOR ACKNOWLEDGES THAT THIS GUARANTY AND THE UNDERLYING TRANSACTIONS GIVING RISE HERETO CONSTITUTE COMMERCIAL TRANSACTIONS WITHIN THE STATE OF CONNECTICUT. THE BORROWER AND EACH OF THE SUBSIDIARY GUARANTORS ACKNOWLEDGES THAT THE LOANS AND THE TRANSACTIONS EVIDENCED BY THE REVOLVING NOTE, THE TERM NOTE, THE CREDIT AGREEMENT, THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS ARE COMMERCIAL TRANSACTIONS AND EACH GUARANTOR HEREBY EXPRESSLY WAIVES ITS ANY RIGHTS WITH REGARD TO NOTICE AND HEARING PRIOR TO UNDER THE ISSUANCE OF ANY PREJUDGMENT REMEDYCONNECTICUT GENERAL STATUTES, CHAPTER 903a, AS NOW CONSTITUTED OR HEREAFTER AMENDED, OR AS OTHERWISE ALLOWED BY ANY OTHER STATE OR FEDERAL LAW WITH RESPECT REGARD TO ANY PREJUDGMENT REMEDY WHICH THE REMEDIES THAT LENDER MAY DESIRE TO USE, AND FURTHER WAIVES DILIGENCEHIS RIGHTS TO REQUEST THE LENDER POST A BOND, DEMANDWITH OR WITHOUT SURETY, PRESENTMENT FOR PAYMENT, NOTICE OF NONPAYMENT, PROTEST AND NOTICE OF TO PROTECT BORROWER AGAINST DAMAGES THAT MAY BE CAUSED BY ANY RENEWALS PREJUDGMENT REMEDY SOUGHT OR EXTENSIONSOBTAINED BY LENDER. THE BORROWER AND EACH OF THE SUBSIDIARY GUARANTORS GUARANTOR ACKNOWLEDGES THAT IT MAKES THIS WAIVER THESE WAIVERS KNOWINGLY, WILLINGLYVOLUNTARILY, VOLUNTARILY AND WITHOUT DURESS, DURESS AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER THESE WAIVERS WITH ITS HIS ATTORNEYS.

Prejudgment Remedy Waiver. Waivers. THE BORROWER AND EACH OF THE SUBSIDIARY GUARANTORS MORTGAGOR ACKNOWLEDGES THAT THE LOANS LOAN BEING MADE IS FOR COMMERCIAL PURPOSES AND, IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER PROVISIONS OF THIS MORTGAGE OR ANY OTHER LOAN DOCUMENTS OR UNDER LAW FOR THE TRANSACTIONS EVIDENCED BENEFIT OF STATE FARM, TO THE EXTENT PERMITTED BY LAW, WAIVES ANY RIGHT TO PRIOR NOTICE AND PRIOR HEARING UNDER SECTIONS 52-278a THROUGH 52-278n OF THE REVOLVING NOTECONNECTICUT GENERAL STATUTES AS NOW OR HEREAFTER AMENDED AND AUTHORIZES STATE FARM OR ITS ATTORNEY, OR ANY SUCCESSOR THERETO, TO ISSUE A WRIT OF PREJUDGMENT REMEDY WITHOUT COURT ORDER. FURTHER, MORTGAGOR HEREBY WAIVES, TO THE EXTENT PERMITTED BY LAW, BUT EXCLUDING PROCEDURES THAT ARE PART OF THE STATUTORY FORECLOSURE PROCESS, THE TERM NOTEBENEFITS OF ALL VALUATION, THE CREDIT AGREEMENTAPPRAISEMENTS, THIS AGREEMENT HOMESTEAD, EXEMPTION, STAY, REDEMPTION AND THE OTHER CREDIT DOCUMENTS ARE COMMERCIAL TRANSACTIONS AND EACH WAIVES ITS RIGHTS TO NOTICE AND HEARING PRIOR TO THE ISSUANCE OF ANY PREJUDGMENT REMEDY, MORATORIUM LAWS NOW IN FORCE OR AS OTHERWISE ALLOWED BY ANY STATE OR FEDERAL LAW WITH RESPECT TO ANY PREJUDGMENT REMEDY WHICH THE LENDER MAY DESIRE TO USE, AND FURTHER WAIVES DILIGENCE, DEMAND, PRESENTMENT FOR PAYMENT, NOTICE OF NONPAYMENT, PROTEST AND NOTICE OF ANY RENEWALS OR EXTENSIONSHEREAFTER BECOME LAWS. THE BORROWER AND EACH OF THE SUBSIDIARY GUARANTORS MORTGAGOR ACKNOWLEDGES THAT IT MAKES IS ENGAGED PRIMARILY IN COMMERCIAL PURSUITS AND THAT THE PROCEEDS FROM THIS WAIVER KNOWINGLY, WILLINGLY, VOLUNTARILY SECURITY INSTRUMENT ARE TO BE UTILIZED IN BUSINESS ACTIVITIES AND WITHOUT DURESS, AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH ITS ATTORNEYSWILL NOT BE UTILIZED FOR CONSUMER PURPOSES.

Prejudgment Remedy Waiver. Waivers. THE BORROWER AND EACH OF THE SUBSIDIARY GUARANTORS COMPANY HEREBY (I) ACKNOWLEDGES THAT THE LOANS AND THE TRANSACTIONS EVIDENCED BY THE REVOLVING NOTE, THE TERM NOTE, THE CREDIT AGREEMENT, THIS AGREEMENT IS PART OF A COMMERCIAL TRANSACTION AND THE OTHER CREDIT DOCUMENTS ARE COMMERCIAL TRANSACTIONS AND EACH WAIVES ITS RIGHTS TO NOTICE AND HEARING PRIOR (II) TO THE ISSUANCE OF ANY PREJUDGMENT REMEDY, OR AS OTHERWISE ALLOWED EXTENT PERMITTED BY ANY STATE OR FEDERAL LAW WITH RESPECT (INCLUDING, BUT NOT LIMITED TO CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES), WAIVES ANY RIGHT IT MAY HAVE TO PRIOR NOTICE OF AND A HEARING ON THE RIGHT OF THE INVESTOR, ITS SUCCESSORS OR ASSIGNS TO ANY PREJUDGMENT REMEDY WHICH OR COMBINATION OF REMEDIES THAT ENABLES THE LENDER MAY DESIRE INVESTOR, ITS SUCCESSORS OR ASSIGNS, BY WAY OF ATTACHMENT, FOREIGN ATTACHMENT, GARNISHMENT OR REPLEVIN TO USEDEPRIVE THE COMPANY OF ITS PROPERTY AT ANY TIME PRIOR TO FINAL JUDGMENT IN ANY LITIGATION INSTITUTED IN CONNECTION WITH THIS AGREEMENT AND ANY TRANSACTIONS SECURED HEREBY, AND FURTHER WAIVES DILIGENCEALL RIGHTS TO REQUEST THAT THE INVESTOR POST A BOND, DEMANDWITH OR WITHOUT SURETY, PRESENTMENT FOR PAYMENT, NOTICE OF NONPAYMENT, PROTEST AND NOTICE OF TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSED BY ANY RENEWALS SUCH REMEDY OR EXTENSIONS. THE BORROWER AND EACH OF THE SUBSIDIARY GUARANTORS ACKNOWLEDGES THAT IT MAKES THIS WAIVER KNOWINGLY, WILLINGLY, VOLUNTARILY AND WITHOUT DURESS, AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH ITS ATTORNEYSREMEDIES.