Waiver by Borrower. Except as otherwise provided for in this Agreement, each Borrower waives (i) notice and consummation of presentment, demand, protest, dishonor, intent to accelerate, acceleration; (ii) all rights to notice and a hearing prior to taking possession or control of, or the Lenders’ replevy, attachment or levy upon, the Collateral; (iii) any bond or security in a judicial proceeding as a condition to the Lenders exercising any of the Lenders’ remedies; and (iv) the benefit of all valuation, appraisement and exemption laws. The failure or delay of any Borrower to strictly enforce the terms of this Agreement shall not be a waiver of such Borrower’s right to do so.
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Samples: Loan and Security Agreement (DT Credit Company, LLC), Loan and Security Agreement (DT Acceptance Corp), Loan and Security Agreement (DriveTime Automotive, Inc.)
Waiver by Borrower. Except as otherwise provided for in this Agreement, each Borrower waives waive (ia) notice and consummation of presentment, demand, protest, dishonor, intent to accelerate, acceleration; (iib) all rights to notice and a hearing prior to taking possession or control of, or the Lenders’ replevy, attachment or levy upon, the Collateral; (iiic) any bond or security in a judicial proceeding as a condition to the Lenders Agent exercising any of the Lenders’ its remedies; and (ivd) the benefit of all valuation, appraisement and exemption laws. The failure or delay of any Borrower to strictly enforce the terms of this Agreement shall not be a waiver of such Borrower’s right to do so.
Appears in 3 contracts
Samples: Master Loan Agreement, Master Loan Agreement (Carvana Co.), Master Loan Agreement (Carvana Co.)
Waiver by Borrower. Except as otherwise provided for in this Agreement, each Borrower waives (ia) notice and consummation of presentment, demand, protest, dishonor, intent to accelerate, acceleration; (iib) all rights to notice and a hearing prior to taking possession or control of, or the Lenders’ replevy, attachment or levy upon, the Collateral; (iiic) any bond or security in a judicial proceeding as a condition to the Lenders exercising any of the Lenders’ remedies; and (ivd) the benefit of all valuation, appraisement and exemption laws. The failure or delay of any Borrower to strictly enforce the terms of this Agreement shall not be a waiver of such Borrower’s right to do so.
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Waiver by Borrower. Except as otherwise provided for in this Agreement, each Borrower waives (ia) notice and consummation of presentment, demand, protest, dishonor, intent to accelerate, acceleration; (iib) all rights to notice and a hearing prior to taking possession or control of, or the Lenders’ Lender's replevy, attachment or levy upon, the Collateral; (iiic) any bond or security in a judicial proceeding as a condition to the Lenders Lender exercising any of the Lenders’ Lender's remedies; and (ivd) the benefit of all valuation, appraisement and exemption laws. The failure or delay of any Borrower to strictly enforce the terms of this Agreement shall not be a waiver of such Borrower’s 's right to do so.
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