Common use of Specific Waivers Clause in Contracts

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: (a) notice of the acceptance of this Continuing Guaranty; (b) notice of the existence, creation, payment, nonpayment, performance or nonperformance of all or any of the 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 Guarantied Obligations or the amount thereof or any payment or performance by such Guarantor hereunder; (d) all diligence in collection or protection of or realization upon the 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 Agent’s enforcement of its rights or remedies; (f) any and all defenses that would otherwise arise upon the occurrence of any event or contingency described in Section 2.5 hereof or upon the taking of any action by 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 such Guarantor now or at any time hereafter, 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; (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 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 permitted by applicable law, each Guarantor hereby expressly waives: (a) provided otherwise in any Loan Document): 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 Guarantied Obligations; (c) Liabilities; c. presentment, demand, notice of dishonor, protest, notice of protest protest, notice of intent to accelerate, notice of acceleration, and all other notices whatsoever with respect to the payment or performance of the Guarantied Obligations Liabilities 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 Guarantied Obligations Liabilities 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 (fother 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 that which would otherwise arise upon the occurrence of any event or contingency described in Section 2.5 Paragraph 1 hereof or upon the taking of any action by Agent permitted hereunder; (g) ; 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 available to such which Guarantor may have, against Agent now or at any time hereafter, including under California Civil Code Sections 2787 to 2855, inclusive, and California Code of Civil Procedure Sections 580a, 580b, 580d full payment or 726, and all successor sections; (h) all benefits or defenses arising under Chapter 2 of Title 14 performance of the California Civil Code, and all successor sectionsLiabilities pursuant to the terms of this Guaranty; and (i) and i. all other principles or provisions of law, if any, that conflict with the terms of this Continuing Guaranty, including 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: (a) : a. notice of the acceptance by Agent and Xxxxxxx of this Continuing Guaranty; (b) ; b. notice of the existence, creation, payment, nonpayment, performance or nonperformance of all or any of the Guarantied Obligations; (c) 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 Guarantied Obligations Liabilities 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 Guarantied Obligations Liabilities 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 '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 (fother than payment in full and performance in full of all of the Liabilities after any termination of the Loan Agreement in accordance with the terms of the Loan Documents) that Borrower or any third party may or might have to the payment or performance of the Liabilities; i. any and all defenses that which would otherwise arise upon the occurrence of any event or contingency described in Section 2.5 Paragraph 1 hereof or upon the taking of any action by Agent or Xxxxxxx permitted hereunder; (g) ; j. any defense, right of set-off, claim or counterclaim whatsoever (other than payment and performance in full of all of the Liabilities after any termination of the Loan Agreement in accordance with the terms of the Loan Documents), and any and all other rights, benefits, protections and other defenses available to such which Guarantor may have, now or at any time hereafter, including to full payment or performance of the Liabilities pursuant to the terms of this Continuing Guaranty, including, without limitation, under California Civil Code Sections 2787 to Sections2799, 2808, 2809, 2810, 2815, 2819, 2820, 2821, 2822, 2838, 2839, 2845, 2847, 2848, 2849, 2850 and 2855, inclusive, and California Code of Civil Procedure Sections 580a, 580b, 580d or 726580d, and 726 and all successor sections; (h) all benefits or defenses arising under , and Chapter 2 of Title 14 of the California Civil Code, and all successor sections; and (i) and k. all other principles or provisions of law, if any, that conflict with the terms of this Continuing Guaranty, including 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: (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 Guarantied Obligations; (c) Liabilities; c. presentment, demand, notice of dishonor, protest, notice of protest protest, notice of intent to accelerate, notice of acceleration, and all other notices whatsoever with respect to the payment or performance of the Guarantied Obligations Liabilities or the amount thereof or any payment or performance by such Guarantor Guarantors hereunder; (d) ; d. all diligence in collection or protection of or realization upon the Guarantied Obligations Liabilities 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 (fother 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 that which would otherwise arise upon the occurrence of any event or contingency described in Section 2.5 Paragraph 1 hereof or upon the taking of any action by Agent permitted hereunder; (g) ; 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 available to which such Guarantor may have, against Agent or any Lender now or at any time hereafter, including under California Civil Code Sections 2787 to 2855, inclusive, and California Code of Civil Procedure Sections 580a, 580b, 580d full payment or 726, and all successor sections; (h) all benefits or defenses arising under Chapter 2 of Title 14 performance of the California Civil Code, and all successor sectionsLiabilities pursuant to the terms of this Guaranty; and (i) and i. all other principles or provisions of law, if any, that conflict with the terms of this Continuing Guaranty, including including, without limitation, the effect of any circumstances that may or might constitute a legal or equitable discharge of a guarantor or surety.