Common use of Waiver by Borrower Clause in Contracts

Waiver by Borrower. EXCEPT AS OTHERWISE PROVIDED FOR IN THE AGREEMENT OR THIS AMENDMENT, OR AS REQUIRED BY APPLICABLE LAW, BORROWER WAIVES (I) PRESENTMENT, DEMAND AND PROTEST AND NOTICE OF PRESENTMENT, PROTEST, DEFAULT, NONPAYMENT, MATURITY, RELEASE, COMPROMISE, SETTLEMENT, EXTENSION OR RENEWAL OF ANY OR ALL COMMERCIAL PAPER, ACCOUNTS, CONTRACT RIGHTS, DOCUMENTS, INSTRUMENTS, CHATTEL PAPER AND GUARANTIES AT ANY TIME HELD BY LENDERS ON WHICH BORROWER MAY IN ANY WAY BE LIABLE, AND (II) NOTICE PRIOR TO TAKING POSSESSION OR CONTROL OF THE COLLATERAL WHICH MIGHT BE REQUIRED BY ANY COURT PRIOR TO ALLOWING LENDER TO EXERCISE ANY OF ITS REMEDIES, BORROWER ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY COUNSEL OF ITS CHOICE WITH RESPECT TO THIS AMENDMENT AND THE TRANSACTIONS EVIDENCED BY THIS AGREEMENT.

Appears in 1 contract

Samples: Funding and Credit Agreement (Olin Corp)

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Waiver by Borrower. EXCEPT AS OTHERWISE PROVIDED FOR IN THE THIS AGREEMENT OR THIS AMENDMENT, OR AS REQUIRED BY APPLICABLE LAW, EACH BORROWER AND FLBG WAIVES (IA) PRESENTMENT, DEMAND AND PROTEST AND PROTEST, NOTICE OF PROTEST, NOTICE OF PRESENTMENT, PROTEST, DEFAULT, NONPAYMENTNON-PAYMENT, MATURITY, RELEASE, COMPROMISE, SETTLEMENT, EXTENSION OR RENEWAL OF ANY OR ALL COMMERCIAL PAPER, ACCOUNTS, CONTRACT RIGHTS, DOCUMENTS, INSTRUMENTS, CHATTEL PAPER AND GUARANTIES AT ANY TIME HELD BY ANY OF LENDERS AND/OR AGENT ON WHICH A BORROWER MAY IN ANY WAY BE LIABLE, ; (B) ALL RIGHTS TO NOTICE AND (II) NOTICE A HEARING PRIOR TO AGENT’S TAKING POSSESSION OR CONTROL OF OF, OR TO REPLEVY, ATTACHMENT OR LEVY UPON THE COLLATERAL OR ANY BOND OR SECURITY WHICH MIGHT BE REQUIRED BY ANY COURT PRIOR TO ALLOWING LENDER ANY OF LENDERS AND/OR AGENT TO EXERCISE ANY OF ITS RESPECTIVE REMEDIES; AND (C) THE BENEFIT OF ALL VALUATION, BORROWER ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY COUNSEL OF ITS CHOICE WITH RESPECT TO THIS AMENDMENT APPRAISEMENT, EXTENSION AND THE TRANSACTIONS EVIDENCED BY THIS AGREEMENTEXEMPTION LAWS.

Appears in 1 contract

Samples: Reducing Note Facility Agreement (Firstcity Financial Corp)

Waiver by Borrower. EXCEPT AS OTHERWISE PROVIDED FOR IN THE THIS ------------------ AGREEMENT OR THIS AMENDMENT, OR AS REQUIRED BY APPLICABLE LAW, BORROWER WAIVES (Ia) PRESENTMENT, DEMAND AND PROTEST AND PROTEST, NOTICE OF PROTEST, NOTICE OF PRESENTMENT, PROTEST, DEFAULT, NONPAYMENTNON-PAYMENT, MATURITY, RELEASE, COMPROMISE, SETTLEMENT, EXTENSION OR RENEWAL OF ANY OR ALL COMMERCIAL PAPER, ACCOUNTS, CONTRACT RIGHTS, DOCUMENTS, INSTRUMENTS, CHATTEL PAPER AND GUARANTIES AT ANY TIME HELD BY LENDERS LENDER ON WHICH BORROWER MAY IN ANY WAY BE LIABLE, LIABLE AND HEREBY RATIFIES AND CONFIRMS WHATEVER LENDER MAY DO IN THIS REGARD; (IIb) ALL RIGHTS TO NOTICE AND A HEARING PRIOR TO LENDER'S TAKING POSSESSION OR CONTROL OF OF, OR TO LENDER'S REPLEVY, ATTACHMENT OR LEVY UPON THE COLLATERAL OR ANY BOND OR SECURITY WHICH MIGHT BE REQUIRED BY ANY COURT PRIOR TO ALLOWING LENDER TO EXERCISE ANY OF ITS LENDER'S REMEDIES, BORROWER ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY COUNSEL OF ITS CHOICE WITH RESPECT TO THIS AMENDMENT AND THE TRANSACTIONS EVIDENCED BY THIS AGREEMENT.; AND

Appears in 1 contract

Samples: Loan and Security Agreement (Icon Holdings Corp)

Waiver by Borrower. EXCEPT AS OTHERWISE PROVIDED FOR IN THE THIS AGREEMENT OR THIS AMENDMENT, OR AS REQUIRED BY APPLICABLE LAW, EACH OF BORROWER AND FLBG WAIVES (IA) PRESENTMENT, DEMAND AND PROTEST AND PROTEST, NOTICE OF PROTEST, NOTICE OF PRESENTMENT, PROTEST, DEFAULT, NONPAYMENTNON-PAYMENT, MATURITY, RELEASE, COMPROMISE, SETTLEMENT, EXTENSION OR RENEWAL OF ANY OR ALL COMMERCIAL PAPER, ACCOUNTS, CONTRACT RIGHTS, DOCUMENTS, INSTRUMENTS, CHATTEL PAPER AND GUARANTIES AT ANY TIME HELD BY ANY OF LENDERS AND/OR AGENT ON WHICH BORROWER MAY IN ANY WAY BE LIABLE, ; (B) ALL RIGHTS TO NOTICE AND (II) NOTICE A HEARING PRIOR TO AGENT’S TAKING POSSESSION OR CONTROL OF OF, OR TO REPLEVY, ATTACHMENT OR LEVY UPON THE COLLATERAL OR ANY BOND OR SECURITY WHICH MIGHT BE REQUIRED BY ANY COURT PRIOR TO ALLOWING LENDER ANY OF LENDERS AND/OR AGENT TO EXERCISE ANY OF ITS RESPECTIVE REMEDIES; AND (C) THE BENEFIT OF ALL VALUATION, BORROWER ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY COUNSEL OF ITS CHOICE WITH RESPECT TO THIS AMENDMENT APPRAISEMENT, EXTENSION AND THE TRANSACTIONS EVIDENCED BY THIS AGREEMENTEXEMPTION LAWS.

Appears in 1 contract

Samples: Reducing Note Facility Agreement (Firstcity Financial Corp)

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Waiver by Borrower. EXCEPT AS OTHERWISE PROVIDED FOR IN THE THIS AGREEMENT OR THIS AMENDMENT, OR AS REQUIRED BY APPLICABLE LAW, BORROWER WAIVES (IA) PRESENTMENT, DEMAND AND PROTEST AND PROTEST, NOTICE OF PROTEST, NOTICE OF PRESENTMENT, PROTEST, DEFAULT, NONPAYMENTNON-PAYMENT, MATURITY, RELEASE, COMPROMISE, SETTLEMENT, EXTENSION OR RENEWAL OF ANY OR ALL COMMERCIAL PAPER, ACCOUNTS, CONTRACT RIGHTS, DOCUMENTS, INSTRUMENTS, CHATTEL PAPER AND GUARANTIES AT ANY TIME HELD BY LENDERS LENDER ON WHICH BORROWER MAY IN ANY WAY BE LIABLE, LIABLE AND HEREBY RATIFIES AND CONFIRMS WHATEVER LENDER MAY DO IN THIS REGARD; (IIB) ALL RIGHTS TO NOTICE AND A HEARING PRIOR TO LENDER'S TAKING POSSESSION OR CONTROL OF OF, OR TO LENDER'S REPLEVY, ATTACHMENT OR LEVY UPON THE COLLATERAL OR ANY BOND OR SECURITY WHICH MIGHT BE REQUIRED BY ANY COURT PRIOR TO ALLOWING LENDER TO EXERCISE ANY OF ITS LENDER'S REMEDIES; AND (C) THE BENEFIT OF ALL VALUATION, BORROWER ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY COUNSEL OF ITS CHOICE WITH RESPECT TO THIS AMENDMENT APPRAISEMENT, EXTENSION AND THE TRANSACTIONS EVIDENCED BY THIS AGREEMENTEXEMPTION LAWS.

Appears in 1 contract

Samples: Security Agreement (AHPC Holdings, Inc.)

Waiver by Borrower. EXCEPT AS OTHERWISE PROVIDED FOR IN THE AGREEMENT OR THIS AMENDMENTAGREEMENT, OR AS REQUIRED BY APPLICABLE LAW, BORROWER WAIVES (I) PRESENTMENT, DEMAND AND PROTEST AND NOTICE OF PRESENTMENT, PROTEST, DEFAULT, NONPAYMENT, MATURITY, RELEASE, COMPROMISE, SETTLEMENT, EXTENSION OR RENEWAL OF ANY OR ALL COMMERCIAL PAPER, ACCOUNTS, CONTRACT RIGHTS, DOCUMENTS, INSTRUMENTS, CHATTEL PAPER AND GUARANTIES AT ANY TIME HELD BY LENDERS ON WHICH BORROWER MAY IN ANY WAY BE LIABLE, AND (II) NOTICE PRIOR TO TAKING POSSESSION OR CONTROL OF THE COLLATERAL WHICH MIGHT BE REQUIRED BY ANY COURT PRIOR TO ALLOWING LENDER TO EXERCISE ANY OF ITS REMEDIES, BORROWER ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY COUNSEL OF ITS CHOICE WITH RESPECT TO THIS AMENDMENT AGREEMENT AND THE TRANSACTIONS EVIDENCED BY THIS AGREEMENT.

Appears in 1 contract

Samples: Credit and Funding Agreement (Olin Corp)

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