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Common use of Specific Waivers Clause in Contracts

Specific Waivers. Without limiting the generality of any other provision of this Continuing Guaranty, Guarantor hereby expressly waives: (a) notice of the acceptance by Lender of this Continuing Guaranty; (b) xxtice 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 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 Lender's enforcement of its rights or remedies; (f) any and all defenses which would otherwise arise upon the occurrence of any event or contingency described in Paragraph 3 hereof or upon the taking of any action by Lender permitted hereunder; (g) any defense, right of set-off, claim or counterclaim whatsoever and any and all other rights, benefits, protections and other defenses available to Guarantor now or at any time hereafter, including, without limitation, under California Civil Code Sections 2787 to 2855, inclusive, and California Code of Civil Procedure Sections 580a, 580b, 580d or 726, and all successor sections; and (h) 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.

Appears in 1 contract

Samples: Secured Continuing Corporate Guaranty (U S Plastic Lumber Corp)

Specific Waivers. Without limiting the generality of any other provision of this Continuing Guaranty, Guarantor hereby expressly waives: (a) notice of the acceptance by Lender of this Continuing Guaranty; (b) xxtice 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 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 Lender's enforcement of its rights or remedies; (f) any and all defenses which would otherwise arise upon the occurrence of any event or contingency described in Paragraph 3 hereof or upon the taking of any action by Lender permitted hereunder; (g) any defensexxxxxxe, right of set-off, claim or counterclaim whatsoever and any and all other rights, benefits, protections and other defenses available to Guarantor now or at any time hereafter, including, without limitation, under California Civil Code Sections 2787 to 2855, inclusive, and California Code of Civil Procedure Sections 580a, 580b, 580d or 726, and all successor sections; and (h) 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.

Appears in 1 contract

Samples: Secured Continuing Corporate Guaranty (U S Plastic Lumber Corp)

Specific Waivers. Without limiting the generality of any other provision of this Continuing Guaranty, Guarantor hereby expressly waives: (a) notice of the acceptance by Lender of this Continuing Guaranty; (b) xxtice 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 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 Lender's enforcement of its rights or remedies; (f) any and all defenses which would otherwise arise upon the occurrence of any event or contingency described in Paragraph 3 1 hereof or upon the taking of any action by Lender permitted hereunder; (g) any defense, right of set-off, claim or counterclaim whatsoever and any and all other rights, benefits, protections and other defenses available to Guarantor now or at any time hereafter, including, without limitation, under California Civil Code Sections 2787 to 2855, inclusive, and California Code of Civil Procedure Sections 580a, 580b, 580d or 726, and all successor sections; and (h) 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Galvestons Steakhouse Corp)

Specific Waivers. Without limiting the generality of any other provision of this Continuing Guaranty, to the extent permitted by applicable law, Guarantor hereby expressly waives: : (a) notice of the acceptance by Lender of this Continuing Guaranty; ; (b) xxtice notice of the existence, creation, payment, nonpayment, performance or nonperformance of all or any of the Liabilities; Guarantied Obligations; (c) presentment, demand, notice of dishonor, protest, notice of 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 Guarantor hereunder; ; (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) any right to direct or affect the manner or timing of Lender's Agent’s enforcement of its rights or remedies; ; (f) any and all defenses which that would otherwise arise upon the occurrence of any event or contingency described in Paragraph 3 Section 2.5 hereof or upon the taking of any action by Lender Agent permitted hereunder; ; (g) any defense, right of set-off, claim or counterclaim whatsoever and any and all other rights, benefits, protections and other defenses available to Guarantor now or at any time hereafter, including, without limitation, including under California Civil Code Sections 2787 to 2855, inclusive, and California Code of Civil Procedure Sections 580a, 580b, 580d or 726, and all successor sections; and (h) all benefits or defenses arising under Chapter 2 of Title 14 of the California Civil Code, and all successor sections; 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.

Appears in 1 contract

Samples: Secured Continuing Guaranty (Sport Chalet Inc)