Waiver of California Civil Code Section 1542. Borrower acknowledges that there is a risk that subsequent to the execution of this Agreement it may incur or suffer losses, damages or injuries which are in some way caused by the transactions referred to in the Loan Documents or this Agreement, but which are unknown and unanticipated at the time this Agreement is executed. Borrower does hereby assume the above mentioned risks and agree that this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described herein, as well as those known and anticipated, and upon advice of counsel, Borrower does hereby knowingly waive any and all rights and protections under California Civil Code Section 1542 which section has been duly explained and reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Appears in 15 contracts
Samples: Conditional Waiver Agreement (Real Good Food Company, Inc.), Loan and Security Agreement (Real Good Food Company, Inc.), Loan and Security Agreement (Real Good Food Company, Inc.)
Waiver of California Civil Code Section 1542. Borrower acknowledges that there is a risk that subsequent to the execution of this Agreement Amendment it may incur or suffer losses, damages or injuries which are in some way caused by the transactions referred to in the Loan Documents or this the Agreement, but which are unknown and unanticipated at the time this Agreement is executed. Borrower does hereby assume the above mentioned risks and agree that this Agreement Amendment shall apply to all unknown or unanticipated results of the transactions and occurrences described herein, as well as those known and anticipated, and upon advice of counsel, Borrower does hereby knowingly waive any and all rights and protections under California Civil Code Section 1542 which section has been duly explained and reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Appears in 8 contracts
Samples: Loan and Security Agreement (Real Good Food Company, Inc.), Loan and Security Agreement (Real Good Food Company, Inc.), Loan and Security Agreement (Real Good Food Company, Inc.)
Waiver of California Civil Code Section 1542. Borrower acknowledges Borrowers acknowledge that there is a risk that subsequent to the execution of this Agreement it may incur or suffer losses, damages or injuries which are in some way caused by the transactions referred to in the Loan Documents or this Agreement, but which are unknown and unanticipated at the time this Agreement is executed. Borrower does Borrowers hereby assume the above mentioned risks and agree agrees that this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described herein, as well as those known and anticipated, and upon advice of counsel, Borrower does and Borrowers hereby knowingly waive any and all rights and protections under California Civil Code Section 1542 which section has been duly explained and reads as follows: “"A general release does not extend to claims that which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatrelease, which if known by him or her, would must have materially affected his or her settlement with the debtor or released partydebtor.”"
Appears in 1 contract
Samples: Consent, and Amendment Agreement (Us Search Corp Com)
Waiver of California Civil Code Section 1542. Borrower acknowledges that there is a risk that subsequent to the execution of this Agreement it may incur or suffer losses, damages or injuries which are in some way caused by the transactions referred to in the Loan Documents or this Agreement, but which are unknown and unanticipated at the time this Agreement is executed. Borrower does hereby assume the above mentioned risks and agree that this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described herein, as well as those known and anticipated, and upon advice of counsel, Borrower does hereby knowingly waive any and all rights and protections under California Civil Code Section 1542 which section has been duly explained and reads as follows: “"A general release does not extend to claims that which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatrelease, which if known by him or her, would must have materially affected his or her settlement with the debtor or released partydebtor.”"
Appears in 1 contract
Samples: Extension Letter Agreement (Sunrise Technologies International Inc)
Waiver of California Civil Code Section 1542. Borrower acknowledges Loan Parties acknowledge that there is a risk that subsequent to the execution of this Agreement it or they may incur or suffer losses, damages or injuries which are in some way caused by the transactions referred to in the Loan Documents or this AgreementAmendment, but which are unknown and unanticipated at the time this Agreement Amendment is executed. Borrower does Loan Parties do hereby assume the above mentioned risks and agree that this Agreement Amendment shall apply to all unknown or unanticipated results of the transactions and occurrences described herein, as well as those known and anticipated, and upon advice of counsel, Borrower does Loan Parties do hereby knowingly waive any and all rights and protections under California Civil Code Section 1542 which section has been duly explained and reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Appears in 1 contract
Waiver of California Civil Code Section 1542. Borrower acknowledges that there is a risk that subsequent to the execution of this Agreement it may incur or suffer losses, damages or injuries which are in some way caused by the transactions referred to in the Loan Documents or this Agreement, but which are unknown and unanticipated at the time this Agreement is executed. Borrower does hereby assume the above mentioned risks and agree agrees that this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described herein, as well as those known and anticipated, and upon advice of counsel, Borrower does hereby knowingly waive any and all rights and protections under California Civil Code Section 1542 which section has been duly explained and reads as follows: “"A general release does not extend to claims that which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatrelease, which if known by him or her, would must have materially affected his or her settlement with the debtor or released partydebtor.”"
Appears in 1 contract
Samples: Collateral Substitution Agreement (Sunrise Technologies International Inc)
Waiver of California Civil Code Section 1542. Borrower Borrowers and Guarantor each acknowledges that there is a risk that subsequent to the execution of this Agreement it may incur or suffer losses, damages or injuries which are in some way caused by the transactions referred to in the Loan Documents or this Agreement, but which are unknown and unanticipated at the time this Agreement is executed. Borrower does Borrowers and Guarantor do hereby assume the above mentioned risks and agree that this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described herein, as well as those known and anticipated, and upon advice of counsel, Borrower does Borrowers and Guarantor do hereby knowingly waive any and all rights and protections under California Civil Code Section 1542 which section has been duly explained and reads as follows: “"A general release does not extend to claims that which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatrelease, which if known by him or her, would must have materially affected his or her settlement with the debtor or released partydebtor.”"
Appears in 1 contract