Common use of Waiver and Release by the Borrower Clause in Contracts

Waiver and Release by the Borrower. To the maximum extent permitted by applicable law, the Borrower: (a) Waives notice and opportunity to be heard, after acceleration of the indebtedness evidenced by the Loan Documents, before exercise by the Bank of the remedy of setoff or of any other remedy or procedure permitted by any applicable law or by any prior agreement with the Borrower, and, except where specifically required by this Agreement or by any applicable law, notice of any other action taken by the Bank; and (b) Waives presentment, demand for payment, notice of dishonor, and any and all other notices or demands in connection with the delivery, acceptance, performance, or enforcement of this Agreement, and consents to any extension of time (and even multiple extensions of time for longer than the original term), renewals, releases of any person or organization liable for the payment of the Obligations under this Agreement, and waivers or modifications or other indulgences that may be granted or consented to by the Bank in respect of the Loan and other extensions of credit evidenced by this Agreement; and (c) Releases the Bank and its officers, 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 or gross negligence.

Appears in 2 contracts

Samples: Aircraft Loan Agreement (Hawaiian Airlines Inc/Hi), Aircraft Loan Agreement (Hawaiian Airlines Inc/Hi)

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Waiver and Release by the Borrower. To the maximum extent permitted by applicable law, the Borrower: (a) a. Waives notice and opportunity to be heard, after acceleration of the indebtedness evidenced by the Loan Documents, before exercise by the Bank of the remedy of setoff or of any other remedy or procedure permitted by any applicable law or by any prior agreement with the Borrower, and, except where specifically required by this Agreement or by any applicable law, notice of any other action taken by the Bank; and. (b) b. Waives presentment, demand for payment, notice of dishonor, and any and all other notices or demands in connection with the delivery, acceptance, performance, or enforcement of this Agreement, and consents to any extension of time (and even multiple extensions of time for longer than the original term), renewals, releases of any person or organization liable for the payment of the Obligations under this Agreement, and waivers or modifications or other indulgences that may be granted or consented to by the Bank in respect of the Loan Loans and other extensions of credit evidenced by this Agreement; and. (c) c. Releases the Bank and its officers, agents 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 or gross negligencemisconduct.

Appears in 2 contracts

Samples: Credit Agreement (Hoku Scientific Inc), Credit Agreement (Hoku Scientific Inc)

Waiver and Release by the Borrower. To the maximum extent permitted by applicable law, the Borrower:Borrower (and each of them, if more than one): (a) Waives notice and opportunity to be heard, after acceleration of the indebtedness evidenced by the Loan Documents, before exercise by the Bank of the remedy of setoff or of any other remedy or procedure permitted by any applicable law or by any prior agreement with the Borrower, and, except where specifically required by this Agreement or by any applicable law, notice of any other action taken by the Bank; and; (b) Waives presentment, demand for payment, notice of dishonor, and any and all other notices or demands in connection with the delivery, acceptance, performance, or enforcement of this Agreement, and consents to any extension of time (and even multiple extensions of time for longer than the original term), renewals, releases of any person or organization liable for the payment of the Obligations under this Agreement, and waivers or modifications or other indulgences that may be granted or consented to by the Bank in respect of the Loan Loans and other extensions of credit evidenced by this Agreement; and (c) Releases the Bank and its officers, agents 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 or gross negligencemisconduct.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Maui Land & Pineapple Co Inc), Revolving Credit and Term Loan Agreement (Maui Land & Pineapple Co Inc)

Waiver and Release by the Borrower. To the maximum extent permitted by applicable law, the Borrower: (a) Waives notice and opportunity to be heard, after acceleration of the indebtedness evidenced by the Loan Documents, before exercise by the Bank Lender of the remedy of setoff or of any other remedy or procedure permitted by any applicable law or by any prior agreement with the Borrower, and, except where specifically required by this Agreement or by any applicable law, notice of any other action taken by the Bank; andLender; (b) Waives presentment, demand for payment, notice of dishonor, and any and all other notices or demands in connection with the delivery, acceptance, performance, or enforcement of this Agreement, and consents to any extension of time (and even multiple extensions of time for longer than the original termOriginal Term), renewals, releases of any person or organization liable for the payment of the Obligations under this Agreement, and waivers or modifications or other indulgences that may be granted or consented to by the Bank Lender in respect of the Loan Credit Facility and other extensions of credit evidenced by this Agreement; and (c) Releases the Bank Lender and its officers, 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 or gross negligence.

Appears in 1 contract

Samples: Credit Agreement (Maui Land & Pineapple Co Inc)

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Waiver and Release by the Borrower. To the maximum extent permitted by applicable law, the Borrower:Borrower (and each of them, if more than one): (a1) Waives notice and opportunity to be heard, after acceleration of the indebtedness evidenced by the Loan Documents, before exercise by the Bank of the remedy of setoff or of any other remedy or procedure permitted by any applicable law or by any prior agreement with the Borrower, and, except where specifically required by this Agreement or by any applicable law, notice of any other action taken by the Bank; and; (b2) Waives presentment, demand for payment, notice of dishonor, and any and all other notices or demands in connection with the delivery, acceptance, performance, or enforcement of this Agreement, and consents to any extension of time (and even multiple extensions of time for longer than the original term), renewals, releases of any person or organization liable for the payment of the Obligations under this Agreement, and waivers or modifications or other indulgences that may be granted or consented to by the Bank in respect of the Loan Loans and other extensions of credit evidenced by this Agreement; and (c3) Releases the Bank and its officers, agents 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 or gross negligencemisconduct.

Appears in 1 contract

Samples: Revolving Credit Line Agreement (Sixth Business Service Group Inc)

Waiver and Release by the Borrower. To the maximum extent permitted by applicable law, the Borrower: (a) Waives notice and opportunity to be heard, after acceleration of the indebtedness evidenced by the Loan Documents, before exercise by the Bank of the remedy of setoff or of any other remedy or procedure permitted by any applicable law or by any prior agreement with the Borrower, and, except where specifically required by this Agreement or by any applicable law, notice of any other action taken by the Bank; and; (b) Waives presentment, demand for payment, notice of dishonor, and any and all other notices or demands in connection with the delivery, acceptance, performance, or enforcement of this Agreement, and consents to any extension of time (and even multiple extensions of time for longer than the original term), renewals, releases of any person or organization liable for the payment of the Obligations under this Agreement, and waivers or modifications or other indulgences that may be granted or consented to by the Bank in respect of the Loan and other extensions of credit evidenced by this AgreementLoan; and (c) Releases the Bank and its officers, 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 or and gross negligence.

Appears in 1 contract

Samples: Loan Agreement (Par Pacific Holdings, Inc.)

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