Common use of WAIVER OF JURY TRIAL; OTHER WAIVERS; CONFIDENTIALITY Clause in Contracts

WAIVER OF JURY TRIAL; OTHER WAIVERS; CONFIDENTIALITY. LaSalle and the Borrower (for itself and the other Loan Parties) hereby waive all rights to trial by jury in any action or proceeding which pertains directly or indirectly to this Agreement, any of the Other Agreements, the liabilities, the collateral or any alleged tortious conduct or which, in any way, directly or indirectly, arises out of or relates to the relationship between the Borrower and LaSalle. In no event shall LaSalle be liable for lost profits or other special or consequential damages. The Borrower (for itself and the other Loan Parties) hereby waives all rights to notice and hearing of any kind prior to the exercise by LaSalle of its rights to repossess the Collateral without judicial process or to replevy, attach or levy upon such Collateral without prior notice or hearing, and hereby waives demand, presentment, protest and notice of nonpayment, and further waives the benefit of all valuation, appraisal and exemption laws. LaSalle's failure, at any time or times hereafter, to require strict performance of any provision of this Agreement or any of the Other Agreements shall not waive, affect or diminish any right of LaSalle thereafter to demand strict compliance and performance therewith. Any suspension or waiver by LaSalle of an Event of Default under this Agreement or any default under any of the Other Agreements shall not suspend, waive or affect any other Event of Default under this Agreement or any other default under any of the Other Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different kind or character. No delay on the part of LaSalle in the exercise of any right or remedy under this Agreement or any Other Agreement shall preclude other or further exercise thereof or the exercise of any right or remedy. None of the undertakings, agreements, warranties, covenants and representations contained in this Agreement or any of the Other Agreements and no Event of Default under this Agreement or default under any of the Other Agreements shall be deemed to have been suspended or waived by LaSalle unless such suspension or waiver is in writing, signed by two duly authorized officers of LaSalle and directed to the Borrower specifying such suspension or waiver.

Appears in 1 contract

Samples: Credit Agreement (Cabletel Communications Corp)

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WAIVER OF JURY TRIAL; OTHER WAIVERS; CONFIDENTIALITY. LaSalle ABN AMRO and the Borrower (for itself and the other Loan Parties) hereby waive all rights to trial by jury in any action or proceeding which pertains directly or indirectly to this Agreement, any of the Other Agreements, the liabilities, the collateral or any alleged tortious conduct or which, in any way, directly or indirectly, arises out of or relates to the relationship between the Borrower and LaSalleABN AMRO. In no event shall LaSalle ABN AMRO be liable for lost profits or other special or consequential damages. The Borrower (for itself and the other Loan Parties) hereby waives all rights to notice and hearing of any kind prior to the exercise by LaSalle ABN AMRO of its rights to repossess the Collateral without judicial process or to replevy, attach or levy upon such Collateral without prior notice or hearing, and hereby waives demand, presentment, protest and notice of nonpayment, and further waives the benefit of all valuation, appraisal and exemption laws. LaSalleABN AMRO's failure, at any time or times hereafter, to require strict performance of any provision of this Agreement or any of the Other Agreements shall not waive, affect or diminish any right of LaSalle ABN AMRO thereafter to demand strict compliance and performance therewith. Any suspension or waiver by LaSalle ABN AMRO of an Event of Default under this Agreement or any default under any of the Other Agreements shall not suspend, waive or affect any other Event of Default under this Agreement or any other default under any of the Other Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different kind or character. No delay on the part of LaSalle ABN AMRO in the exercise of any right or remedy under this Agreement or any Other Agreement shall preclude other or further exercise thereof or the exercise of any right or remedy. None of the undertakings, agreements, warranties, covenants and representations contained in this Agreement or any of the Other Agreements and no Event of Default under this Agreement or default under any of the Other Agreements shall be deemed to have been suspended or waived by LaSalle ABN AMRO unless such suspension or waiver is in writing, signed by two duly authorized officers of LaSalle ABN AMRO and directed to the Borrower specifying such suspension or waiver.

Appears in 1 contract

Samples: Credit Agreement (Numatics Inc)

WAIVER OF JURY TRIAL; OTHER WAIVERS; CONFIDENTIALITY. LaSalle and the Borrower (for itself and the other Loan Parties) hereby waive all rights to trial by jury in any action or proceeding which pertains directly or indirectly to this Agreement, any of the Other Agreements, the liabilitiesLiabilities, the collateral Collateral or any alleged tortious conduct or which, in any way, directly or indirectly, arises out of or relates to the relationship between the Borrower and LaSalle. In no event shall LaSalle be liable for lost profits or other special or consequential damages. The Borrower (for itself and the other Loan Parties) hereby waives all rights to notice and hearing of any kind prior to the exercise by LaSalle of its rights to repossess the Collateral without judicial process or to replevy, attach or levy upon such Collateral without prior notice or hearing, and hereby waives demand, presentment, protest and notice of nonpaymentnon-payment, and further waives the benefit of all valuation, appraisal and exemption laws. LaSalle's failure, at any time or times hereafter, to require strict performance of any provision of this Agreement or any of the Other Agreements shall not waive, affect or diminish any right of LaSalle thereafter to demand strict compliance and performance therewith. Any suspension or waiver by LaSalle of an Event of Default under this Agreement or any default under any of the Other Agreements shall not suspend, waive or affect any other Event of Default under this Agreement or any other default under any of the Other Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different kind or character. No delay on the part of LaSalle in the exercise of any right or remedy under this Agreement or any Other Agreement shall preclude other or further exercise thereof or the exercise of any right or remedy. None of the undertakings, agreements, warranties, covenants and representations contained in this Agreement or any of the Other Agreements and no Event of Default under this Agreement or default under any of the Other Agreements shall be deemed to have been suspended or waived by LaSalle unless such suspension or waiver is in writing, signed by two duly authorized officers of LaSalle and directed to the Borrower specifying such suspension or waiver.

Appears in 1 contract

Samples: Credit Agreement (Delphax Technologies Inc)

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WAIVER OF JURY TRIAL; OTHER WAIVERS; CONFIDENTIALITY. LaSalle The Lender, the Borrowers and the Borrower (for itself and the each other Loan Parties) Party hereby waive all rights to trial by jury in any action or proceeding which pertains directly or indirectly to this Agreement, any of the Other AgreementsLoan Documents, the liabilitiesLiabilities, the collateral Collateral or any alleged tortious conduct or which, in any way, directly or indirectly, arises out of or relates to the relationship between the Borrower Borrowers, any other Loan Party and LaSallethe Lender. In no event shall LaSalle the Lender be liable for lost profits or other special or consequential damages. The Borrower (for itself To the extent permitted by law, the Borrowers and the each other Loan Parties) Party hereby waives waive all rights to notice and hearing of any kind prior to the exercise by LaSalle the Lender of its rights to repossess the Collateral without judicial process or to replevy, attach or levy upon such Collateral without prior notice or hearing, and hereby waives demand, presentment, protest and notice of nonpaymentnon-payment, and further waives the benefit of all valuation, appraisal and exemption lawsLaws. LaSalle's The Lender’s failure, at any time or times hereafter, to require strict performance of any provision of this Agreement or any of the Other Agreements Loan Documents shall not waive, affect or diminish any right of LaSalle the Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by LaSalle the Lender of an Event of Default under this Agreement or any default under any of the Other Agreements Loan Documents shall not suspend, waive or affect any other Event of Default under this Agreement or any other default under any of the Other AgreementsLoan Documents, whether the same is prior or subsequent thereto and whether of the same or of a different kind or character. No delay on the part of LaSalle the Lender in the exercise of any right or remedy under this Agreement or any Other Agreement Loan Documents shall preclude other or further exercise thereof or the exercise of any right or remedy. None of the undertakings, agreements, warranties, covenants and representations contained in this Agreement or any of the Other Agreements Loan Documents and no Event of Default under this Agreement or default under any of the Other Agreements Loan Documents shall be deemed to have been suspended or waived by LaSalle the Lender unless such suspension or waiver is in writing, signed by two duly authorized officers of LaSalle the Lender and directed to the Borrower Borrowers specifying such suspension or waiver.

Appears in 1 contract

Samples: Credit Agreement (BBX Capital, Inc.)

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