Common use of Specific Waivers Clause in Contracts

Specific Waivers. Without limiting the generality of any other provision of this Guaranty, Guarantor hereby expressly waives (except to the extent provided otherwise in any Loan Document): a. notice of the acceptance by Agent of this Guaranty; b. notice of the existence, creation, payment, nonpayment, performance or nonperformance of all or any of the Liabilities; c. presentment, demand, notice of dishonor, protest, notice of protest, notice of intent to accelerate, notice of acceleration, and all other notices whatsoever with respect to the payment or performance of the Liabilities or the amount thereof or any payment or performance by Guarantor hereunder; d. all diligence in collection or protection of or realization upon the Liabilities or any thereof, any obligation hereunder or any security for or guaranty of any of the foregoing; e. any right to direct or affect the manner or timing of Agent’s enforcement of its rights or remedies; f. any defense, right of set-off or other claim whatsoever (other than payment in full and performance in full of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Loan Documents) that any Borrower or any third party may or might have to the payment or performance of the Liabilities; g. any and all defenses which would otherwise arise upon the occurrence of any event or contingency described in Paragraph 1 hereof or upon the taking of any action by Agent permitted hereunder; h. any defense, right of set-off, claim or counterclaim whatsoever (other than payment and performance in full or part of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Loan Documents), and any and all other rights, benefits, protections and other defenses which Guarantor may have, against Agent now or at any time hereafter, to full payment or performance of the Liabilities pursuant to the terms of this Guaranty; and i. all other principles or provisions of law, if any, that conflict with the terms of this Guaranty, including, without limitation, the effect of any circumstances that may or might constitute a legal or equitable discharge of a guarantor or surety.

Specific Waivers. Without limiting the generality of any other provision of this Continuing Guaranty, to the extent permitted by applicable law, each Guarantor hereby expressly waives waives: (except to the extent provided otherwise in any Loan Document): a. a) notice of the acceptance by Agent of this Continuing Guaranty; b. ; (b) notice of the existence, creation, payment, nonpayment, performance or nonperformance of all or any of the Liabilities; c. Guarantied Obligations; (c) presentment, demand, notice of dishonor, protest, notice of protest, notice of intent to accelerate, notice of acceleration, protest and all other notices whatsoever with respect to the payment or performance of the Liabilities Guarantied Obligations or the amount thereof or any payment or performance by such Guarantor hereunder; d. ; (d) all diligence in collection or protection of or realization upon the Liabilities Guarantied Obligations or any thereof, any obligation hereunder or any security for or guaranty of any of the foregoing; e. ; (e) any right to direct or affect the manner or timing of Agent’s enforcement of its rights or remedies; f. any defense, right of set-off or other claim whatsoever ; (other than payment in full and performance in full of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Loan Documentsf) that any Borrower or any third party may or might have to the payment or performance of the Liabilities; g. any and all defenses which that would otherwise arise upon the occurrence of any event or contingency described in Paragraph 1 Section 2.5 hereof or upon the taking of any action by Agent permitted hereunder; h. ; (g) any defense, right of set-off, claim or counterclaim whatsoever (other than payment and performance in full or part of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Loan Documents), and any and all other rights, benefits, protections and other defenses which available to such Guarantor may have, against Agent now or at any time hereafter, including under California Civil Code Sections 2787 to full payment 2855, inclusive, and California Code of Civil Procedure Sections 580a, 580b, 580d or performance 726, and all successor sections; (h) all benefits or defenses arising under Chapter 2 of Title 14 of the Liabilities pursuant to the terms of this GuarantyCalifornia Civil Code, and all successor sections; and i. and (i) all other principles or provisions of law, if any, that conflict with the terms of this Continuing Guaranty, including, without limitation, including the effect of any circumstances that may or might constitute a legal or equitable discharge of a guarantor or surety.

Specific Waivers. Without limiting the generality of any other provision of this Guaranty, each Guarantor hereby expressly waives (except to the extent provided otherwise in any Loan Document):waives: a. notice of the acceptance by Agent of this Guaranty; b. notice of the existence, creation, payment, nonpayment, performance or nonperformance of all or any of the Liabilities; c. presentment, demand, notice of dishonor, protest, notice of protest, notice of intent to accelerate, notice of acceleration, and all other notices whatsoever with respect to the payment or performance of the Liabilities or the amount thereof or any payment or performance by Guarantor Guarantors hereunder; d. all diligence in collection or protection of or realization upon the Liabilities or any thereof, any obligation hereunder or any security for or guaranty of any of the foregoing; e. any right to direct or affect the manner or timing of Agent’s enforcement of its rights or remedies; f. any defense, right of set-off or other claim whatsoever (other than payment in full and performance in full of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Loan Documents) that any Borrower or any third party may or might have to the payment or performance of the Liabilities; g. any and all defenses which would otherwise arise upon the occurrence of any event or contingency described in Paragraph 1 hereof or upon the taking of any action by Agent permitted hereunder; h. any defense, right of set-off, claim or counterclaim whatsoever (other than payment and performance in full or part of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Loan Documents), and any and all other rights, benefits, protections and other defenses which such Guarantor may have, against Agent or any Lender now or at any time hereafter, to full payment or performance of the Liabilities pursuant to the terms of this Guaranty; and i. all other principles or provisions of law, if any, that conflict with the terms of this Guaranty, including, without limitation, the effect of any circumstances that may or might constitute a legal or equitable discharge of a guarantor or surety.

Specific Waivers. Without limiting the generality of any other provision of this Continuing Guaranty, Guarantor hereby expressly waives (except to the extent provided otherwise in any Loan Document):waives: a. notice of the acceptance by Agent and Xxxxxxx of this Continuing Guaranty; b. notice of the existence, creation, payment, nonpayment, performance or nonperformance of all or any of the Liabilities; c. presentment, demand, notice of dishonor, protest, notice of protest, notice of intent to accelerate, notice of acceleration, protest and all other notices whatsoever with respect to the payment or performance of the Liabilities or the amount thereof or any payment or performance by Guarantor hereunder; d. all diligence in collection or protection of or realization upon the Liabilities or any thereof, any obligation hereunder or any security for or guaranty of any of the foregoing; e. any right to direct or affect the manner or timing of Agent’s 's or Lenders' enforcement of its their rights or remedies; f. all rights and benefits under Section 2809 of the California Civil Code purporting to reduce Guarantor's obligation in proportion to the principal obligation hereby guaranteed, and any defense based on or arising out of any defense the person or entity primarily liable may have to payment or to performance of any covenants or obligations; g. all rights and benefits under Section 2845 of the California Civil Code which, among other things, permits a guarantor or surety to require any creditor to pursue its debtor, any security which said creditor may hold, or any other remedy before proceeding against Guarantor; h. any defense, right of set-off or other claim whatsoever (other than payment in full and performance in full of all of the Liabilities after any termination of the Credit Loan Agreement in accordance with the terms of the Loan Documents) that any Borrower or any third party may or might have to the payment or performance of the Liabilities; g. i. any and all defenses which would otherwise arise upon the occurrence of any event or contingency described in Paragraph 1 hereof or upon the taking of any action by Agent or Xxxxxxx permitted hereunder; h. j. any defense, right of set-off, claim or counterclaim whatsoever (other than payment and performance in full or part of all of the Liabilities after any termination of the Credit Loan Agreement in accordance with the terms of the Loan Documents), and any and all other rights, benefits, protections and other defenses which Guarantor may have, against Agent now or at any time hereafter, to full payment or performance of the Liabilities pursuant to the terms of this Continuing Guaranty, including, without limitation, under California Civil Code Sections2799, 2808, 2809, 2810, 2815, 2819, 2820, 2821, 2822, 2838, 2839, 2845, 2847, 2848, 2849, 2850 and 2855, and California Code of Civil Procedure Sections 580a, 580b, 580d, and 726 and all successor sections, and Chapter 2 of Title 14 of the California Civil Code; and i. k. all other principles or provisions of law, if any, that conflict with the terms of this Continuing Guaranty, including, without limitation, the effect of any circumstances that may or might constitute a legal or equitable discharge of a guarantor or surety.