Common use of Waiver and Release by Borrower Clause in Contracts

Waiver and Release by Borrower. Unless and only to the extent as may be expressly limited or prohibited under applicable Laws or as provided for herein or in any other Loan Document to the contrary, Borrower (A) waives protest of all commercial paper at any time held by Bank on which Borrower is any way liable; (B) waives notice of acceleration and of intention to accelerate; (C) waives notice and opportunity to be heard, after acceleration, before exercise by Bank of the remedies of self-help, set-off, or of other summary procedures permitted by any applicable Laws or by any agreement with Borrower, and except where required hereby or by any applicable Laws which requirement cannot be waived, notice of any other action taken by Bank; and (D) releases Bank Parties and their respective officers, attorneys, agents and employees from all claims for loss or damage caused by any act or omission on the part of any of them except willful misconduct.

Appears in 4 contracts

Samples: Credit Agreement (CNL Healthcare Properties II, Inc.), Credit Agreement (CNL Healthcare Properties, Inc.), Credit Agreement (CNL Healthcare Properties, Inc.)

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Waiver and Release by Borrower. Unless and only to the extent as may be expressly limited or prohibited under applicable Laws or as provided for herein or in any other Loan Document to the contrary, or as may be required (and unwaivable) by applicable Laws, each Borrower (A) waives protest of all commercial paper at any time held by Bank on which any Borrower is any way liable; (B) waives notice of acceleration and of intention to accelerate; (C) waives notice and opportunity to be heard, after acceleration, before exercise by Bank of the remedies of self-help, set-off, or of other summary procedures permitted by any applicable Laws or by any agreement with any Borrower, and except where required hereby or by any applicable Laws which requirement cannot be waived, notice of any other action taken by Bank; and (D) releases Bank Parties and their respective its officers, attorneys, agents and employees from all claims for loss or damage caused by any act or omission on the part of any of them except willful misconductmisconduct or gross negligence.

Appears in 3 contracts

Samples: Credit Agreement (Theragenics Corp), Credit Agreement (Theragenics Corp), Credit Agreement (Theragenics Corp)

Waiver and Release by Borrower. Unless and only to the extent as may be expressly limited or prohibited under applicable Laws or as provided for herein or in any other Loan Document to the contrary, or as may be required (and unwaivable) by applicable Laws, Borrower (A) waives protest of all commercial paper at any time held by Bank on which Borrower is any way liable; (B) waives notice of acceleration and of intention to accelerate; (C) waives notice and opportunity to be heard, after acceleration, before exercise by Bank of the remedies of self-help, set-off, or of other summary procedures permitted by any applicable Laws or by any agreement with Borrower, and except where required hereby or by any applicable Laws which requirement cannot be waived, notice of any other action taken by Bank; and (D) releases Bank Parties and their respective its officers, attorneys, agents and employees from all claims for loss or damage caused by any act or omission on the part of any of them except willful misconductmisconduct or gross negligence.

Appears in 2 contracts

Samples: Credit Agreement (Theragenics Corp), Credit Agreement (Theragenics Corp)

Waiver and Release by Borrower. Unless and only to the extent as may be expressly limited or prohibited under applicable Laws or as provided for herein or in any other Loan Document to the contrary, Borrower (A) waives protest of all commercial paper at any time held by Bank on which Borrower is any way liable; (B) waives notice of acceleration and of intention to accelerate; (C) waives notice and opportunity to be heard, after acceleration, before exercise by Bank of the remedies of self-help, set-off, or of other summary procedures permitted by any applicable Laws or by any agreement with Borrower, and except where required hereby or by any applicable Laws which requirement cannot be waived, notice of any other action taken by Bank; and (D) releases Bank Parties and their respective officers, attorneys, agents and employees from all claims for loss or damage caused by any act or omission on the part of any of them except willful misconductin connection with the Obligations, the Loan Documents or the Bank Swap Documents.

Appears in 1 contract

Samples: Credit Agreement (American Realty Capital Healthcare Trust Inc)

Waiver and Release by Borrower. Unless To the extent not prohibited by ------------------------------ applicable Law, unless and only to the extent as may be expressly limited or prohibited under applicable Laws or as provided for herein or in any other Loan Document to the contrary, Borrower (A) waives protest of all commercial paper at any time held by Bank on which Borrower is any way liable; (B) waives notice of acceleration and of intention to accelerate; (C) waives notice and opportunity to be heard, after acceleration, before exercise by Bank of the remedies of self-help, set-off, or of other summary procedures permitted by any applicable Laws or by any agreement with Borrower, and except where required hereby or by any applicable Laws which requirement cannot be waived, notice of any other action taken by Bank; and (D) releases Bank Parties and their respective its officers, attorneys, agents and employees from all claims for loss or damage caused by any act or omission on the part of any of them except willful misconduct.

Appears in 1 contract

Samples: Credit Agreement (Jones Financial Companies Lp LLP)

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Waiver and Release by Borrower. Unless and only to To the maximum extent as may be expressly limited or prohibited under permitted by ------------------------------ applicable Laws or as provided for herein or in any other Loan Document to the contraryLaws, Borrower Borrower: (A) waives protest of all commercial paper at any time held by Bank on which Borrower is any way liable; Waives (Bexcept as may otherwise be provided in this Agreement): (1) waives presentment for payment, demand, protest, notice of acceleration or non-payment or dishonor and of intention protest with respect to acceleratethe Revolving Credit Promissory Note; and (C2) waives notice and opportunity to be heard, after accelerationacceleration in the manner provided in Paragraph 7.02, before exercise by Bank of the remedies of self-help, set-off, off or of other summary procedures permitted by any applicable Laws or by any agreement with BorrowerBorrower and, and except where required hereby by this Agreement or by any applicable Laws which requirement cannot be waivedLaws, notice of any other action taken by Bank; and (B) Releases Bank and (D) releases Bank Parties and their respective its officers, attorneys, agents and employees from all claims for loss or damage caused by any act or omission on the part of any of them except gross negligence or willful misconduct.

Appears in 1 contract

Samples: Loan and Security Agreement (Scansource Inc)

Waiver and Release by Borrower. Unless and only to the extent as may be expressly limited or prohibited under applicable Laws or as provided for herein or in any other Loan Document to the contrary, Borrower (A) waives protest of all commercial paper at any time held by Bank on which Borrower is any way liable; (B) waives notice of acceleration and of intention to accelerate; (C) waives notice and opportunity to be heard, after acceleration, before exercise by Bank of the remedies of self-help, set-off, or of other summary procedures permitted by any applicable Laws or by any agreement with Borrower, and except where required hereby under the Loan Documents or by any applicable Laws which requirement cannot be waived, notice of any other action taken by Bank; and (D) releases Bank Parties and their respective its officers, attorneys, agents and employees from all claims for loss or damage caused by any act or omission on the part of any of them except fraud, gross negligence or willful misconduct.

Appears in 1 contract

Samples: Credit Agreement (CNL Growth Properties, Inc.)

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