Special Waivers of Statutory Rights Sample Clauses

Special Waivers of Statutory Rights. The Debtor acknowledges that (i) if any Other Collateral consists of real property and the Secured Party forecloses judicially or nonjudicially against such Other Collateral, such foreclosure could cause the loss of or otherwise adversely affect any right that the Debtor might have to seek reimbursement, indemnification or contribution or otherwise collect from any Other Obligor or other Person with respect to any amount paid by the Debtor pursuant to this Agreement and (ii) such loss or other adverse effect upon such right might give rise to a defense by the Debtor against any liability pursuant to this Agreement based upon Section 580d of the Code of Civil Procedure of the State of California as interpreted in Union Bank versus Gradsky unless such defense is waived by the Debtor. The Debtor knowingly, voluntarily, intentionally and irrevocably waives (i) such defense, (ii) each right, defense and other benefit that the Debtor might have under or as a result of any of Sections 580a, 580b, 580d and 726 of the Code of Civil Procedure of the State of California (which, in the absence of a waiver, limit a debtor’s liability after a nonjudicial foreclosure sale of mortgaged real property to the difference between such debtor’s liability and the fair market value of such mortgaged real property rather than the actual proceeds of such sale, limit the right of a mortgagee to obtain a deficiency judgment against a guarantor and require exhaustion of security for guaranteed indebtedness before a deficiency judgment may be obtained against a guarantor) or any of Sections 2787 through 2855, 2899 and 3433 of the Civil Code of the State of California and (iii) each other right, defense and other benefit that the Debtor might have because such Other Collateral consists of real property. The Debtor acknowledges that, as a result of such waiver, (i) the Secured Party may enforce each obligation of the Debtor pursuant to this Agreement without first foreclosing upon such Other Collateral or realizing upon any other Other Collateral and (ii) if the Secured Party forecloses upon such Other Collateral, (A) the amount of the liability of the Debtor pursuant to this Agreement may be reduced only by the net proceeds of the sale of such Other Collateral in such foreclosure even if such Other Collateral is worth more than the amount received in such sale and (B) the Secured Party may collect from the Debtor pursuant to this Agreement even if, by foreclosing upon such Other Collate...
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Related to Special Waivers of Statutory Rights

  • Waivers of Statute of Limitations Neither the Company nor any of its subsidiaries has in effect any extension, outstanding waivers or comparable consents regarding the application of the statute of limitations with respect to any material Taxes or material Tax Returns.

  • Waiver of Statutory Rights To the extent permitted by law, Mortgagor hereby agrees that it shall not and will not apply for or avail itself of any appraisement, valuation, stay, extension or exemption laws, or any so-called “Moratorium Laws,” now existing or hereafter enacted, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, but hereby waives the benefit of such laws. Mortgagor for itself and all who may claim through or under it waives any and all right to have the property and estates comprising the Property marshalled upon any foreclosure of the lien hereof and agrees that any court having jurisdiction to foreclose such lien may order the Property sold as an entirety. Mortgagor hereby waives any and all rights of redemption from sale under any judgment of foreclosure of this Mortgage on behalf of Mortgagor and on behalf of each and every person acquiring any interest in or title to the Property of any nature whatsoever, subsequent to the date of this Mortgage. The foregoing waiver of right of redemption is made pursuant to the provisions of applicable law.

  • Waiver of Statutory Provisions The provisions of this Lease, including this Article 11, constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, the Building or the Project, and any statute or regulation of the State of California, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other statute or regulation, now or hereafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises, the Building or the Project.

  • Waiver of Statute of Limitations To the extent permitted by applicable law, Borrower hereby expressly waives and releases to the fullest extent permitted by law, the pleading of any statute of limitations as a defense to payment of the Debt or performance of its Other Obligations.

  • Waiver of Statutes Lessor and Lessee agree that the terms of this Lease shall govern the effect of any damage to or destruction of the Premises and the Building with respect to the termination of this Lease and hereby waive the provisions of any present or future statute to the extent it is inconsistent herewith.

  • Statutory Rights of Appraisal (i) Notwithstanding anything to the contrary set forth in this Agreement, all shares of Company Common Stock that are issued and outstanding immediately prior to the Effective Time and held by Company Stockholders who shall neither have voted in favor of the Merger nor consented thereto in writing and who shall have properly and validly perfected their statutory rights of appraisal in respect of such shares of Company Common Stock in accordance with Section 262 of the DGCL (collectively, “Dissenting Company Shares”) shall not be converted into, or represent the right to receive, the Merger Consideration pursuant to Section 2.7(a), but shall be entitled only to such rights as are granted by the DGCL to a holder of Dissenting Company Shares. At the Effective Time, the Dissenting Company Shares shall no longer be outstanding and shall automatically be cancelled and cease to exist, and each Company Stockholder who holds Dissenting Company Shares shall cease to have any rights with respect thereto, except the right to receive payment of the appraised value of such Dissenting Company Shares in accordance with the provisions of Section 262 of the DGCL; provided, however, that all Dissenting Company Shares held by Company Stockholders who shall have failed to perfect or who shall have effectively withdrawn or lost their rights to appraisal of such Dissenting Company Shares under such Section 262 of the DGCL shall no longer be considered to be Dissenting Company Shares and shall thereupon be deemed to have been converted into, and to have become exchangeable for, as of the Effective Time, the right to receive the Merger Consideration, without interest thereon, upon surrender of the certificate or certificates that formerly evidenced such shares of Company Common Stock in the manner provided in Section 2.8.

  • Waiver of Statute of Limitations, Offsets and Counterclaims Borrower waives the right to assert any statute of limitations as a bar to the enforcement of this Loan Agreement or the Lien of the Security Instrument or to any action brought to enforce any Loan Document. Borrower waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or otherwise to offset any obligations to make the payments required by the Loan Documents. No failure by Lender to perform any of its obligations under the Loan Documents will be a valid defense to, or result in any offset against, any payments that Borrower is obligated to make under any of the Loan Documents.

  • Revocation and Effect of Consents, Waivers and Actions Until an amendment, waiver or other action by Holders becomes effective, a consent thereto by a Holder of a Security hereunder is a continuing consent by the Holder and every subsequent Holder of that Security or portion of the Security that evidences the same obligation as the consenting Holder's Security, even if notation of the consent, waiver or action is not made on the Security. However, any such Holder or subsequent Holder may revoke the consent, waiver or action as to such Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the date the amendment, waiver or action becomes effective. After an amendment, waiver or action becomes effective, it shall bind every Securityholder.

  • Effect of Waivers of Default Any consent or permission by Landlord to any act or omission which otherwise would be a breach of any covenant or condition herein, shall not in any way be held or construed (unless expressly so declared) to operate so as to impair the continuing obligation of any covenant or condition herein, or otherwise, except as to the specific instance, operate to permit similar acts or omissions.

  • JURY TRIAL WAIVER; OTHER WAIVERS AND CONSENTS; GOVERNING LAW 11.1 Governing Law; Choice of Forum; Service of Process;

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