Common use of Waiver of Right of Redemption Clause in Contracts

Waiver of Right of Redemption. Borrower will not at any time insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of any stay or extension or moratorium law, any exemption from execution or sale of the Mortgaged Property or any part thereof, wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Mortgage, nor claim, take or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisal of the Mortgaged Property, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provision herein, or pursuant to the decree, judgment or order of any court of competent jurisdiction; nor, after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted to redeem the property so sold or any part thereof, and Borrower hereby expressly waives all benefit or advantage of any such law or laws, and covenants not to hinder, delay or impede the execution of any power herein granted or delegated to Lender, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted. Borrower, for itself and all who may claim under it, waives, to the extent that it lawfully may, all right to have the Mortgaged Property marshaled upon any foreclosure hereof.

Appears in 2 contracts

Samples: Operating Agreement (New York Times Co), Operating Agreement (New York Times Co)

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Waiver of Right of Redemption. Borrower To the full extent permitted by law, Mortgagor hereby covenants and agrees that it will not at any time insist upon, upon or plead, or in any manner whatever whatsoever claim or take any benefit or advantage of of, any stay stay, exemption or extension or moratorium law, any exemption from execution or sale of the Mortgaged Property law or any part thereof, wherever enacted, so-called “Moratorium Law” now or at any time hereafter in force, which may affect the covenants and terms of performance of this Mortgage, nor claim, take or insist upon any benefit or advantage of or from any law now or hereafter in force providing for the valuation or appraisal appraisement of the Mortgaged Property, or any part thereof, prior to any sale or sales thereof which may to be made pursuant to any provision hereinprovisions herein contained, or pursuant to the any decree, judgment or order of any court of competent jurisdiction; nor, or after any such sale or sales, sales claim or exercise any right rights under any statute heretofore now or hereafter enacted in force to redeem the property so sold sold, or any part thereof, and Borrower or relating to the marshalling thereof, upon foreclosure sale or other enforcement hereof. To the full extent permitted by law, Mortgagor hereby expressly waives any and all benefit rights of redemption, on its own behalf, on behalf of all persons claiming or advantage having an interest (direct or indirect) by, through or under Mortgagor and on behalf of each and every person acquiring any interest in or title to the Property subsequent to the date hereof, it being the intent hereof that any and all such right of redemption of Mortgagor, and of all other persons, are and will be deemed to be hereby waived to the full extent permitted by applicable law. To the full extent permitted by law, Mortgagor agrees that it will not, by involving or utilizing any applicable law or lawslaws or otherwise, and covenants not to hinder, delay or impede the execution exercise of any right, power or remedy herein or otherwise granted or delegated to LenderBank, but to will suffer and permit the execution exercise of every such right, power and remedy as though no such law or laws had have been or will have been made or enacted. BorrowerTo the full extent permitted by law, Mortgagor hereby agrees that no action for itself the enforcement of the lien or any provision hereof will be subject to any defense which would not be good and all who may claim under it, waives, to valid in an action at law upon the extent that it lawfully may, all right to have the Mortgaged Property marshaled upon any foreclosure hereofNote.

Appears in 2 contracts

Samples: And Security Agreement (Electric City Corp), Security Agreement (Electric City Corp)

Waiver of Right of Redemption. Borrower To the full extent permitted by law, Mortgagor hereby covenants and agrees that it will not at any time insist upon, upon or plead, or in any manner whatever whatsoever claim or take any benefit or advantage of of, any stay stay, exemption or extension or moratorium law, any exemption from execution or sale of the Mortgaged Property law or any part thereof, wherever enacted, so–called “Moratorium Law” now or at any time hereafter in force, which may affect the covenants and terms of performance of this Mortgage, nor claim, take or insist upon any benefit or advantage of or from any law now or hereafter in force providing for the valuation or appraisal appraisement of the Mortgaged Property, or any part thereof, prior to any sale or sales thereof which may to be made pursuant to any provision hereinprovisions herein contained, or pursuant to the any decree, judgment or order of any court of competent jurisdiction; nor, or after any such sale or sales, sales claim or exercise any right rights under any statute heretofore now or hereafter enacted in force to redeem the property so sold sold, or any part thereof, and Borrower or relating to the marshalling thereof, upon foreclosure sale or other enforcement hereof. To the full extent permitted by law, Mortgagor hereby expressly waives any and all benefit rights of redemption, on its own behalf, on behalf of all persons claiming or advantage having an interest (direct or indirect) by, through or under Mortgagor and on behalf of each and every person acquiring any interest in or title to the Property subsequent to the date hereof, it being the intent hereof that any and all such right of redemption of Mortgagor, and of all other persons, are and will be deemed to be hereby waived to the full extent permitted by applicable law. To the full extent permitted by law, Mortgagor agrees that it will not, by involving or utilizing any applicable law or lawslaws or otherwise, and covenants not to hinder, delay or impede the execution exercise of any right, power or remedy herein or otherwise granted or delegated to LenderBank, but to will suffer and permit the execution exercise of every such right, power and remedy as though no such law or laws had have been or will have been made or enacted. BorrowerTo the full extent permitted by law, Mortgagor hereby agrees that no action for itself the enforcement of the lien or any provision hereof will be subject to any defense which would not be good and all who may claim under it, waives, to valid in an action at law upon the extent that it lawfully may, all right to have the Mortgaged Property marshaled upon any foreclosure hereofNote.

Appears in 1 contract

Samples: Mortgage (Electric City Corp)

Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS MORTGAGE, GRANTOR HEREBY WAIVES, TO THE EXTENT PERMITTED UNDER 735 ILCS 5/15-1601(b), AS NOW ENACTED OR AS MODIFIED, AMENDED OR REPLACED, OR ANY SIMILAR LAW EXISTING NOW OR AFTER THE DATE OF THIS MORTGAGE, ANY AND ALL RIGHTS OF REDEMPTION ON BEHALF OF GRANTOR AND ON BEHALF OF ANY OTHER PERSONS PERMITTED TO REDEEM THE PROPERTY. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Mortgage shall not constitute a waiver of or prejudice the party’s right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Borrower will not at any time insist uponor Grantor, or plead, or in any manner whatever claim or take any benefit or advantage shall constitute a waiver of any stay or extension or moratorium law, any exemption from execution or sale of the Mortgaged Property Lender's rights or any part thereof, wherever enacted, now or at Grantor's obligations as to any time hereafter future transactions. Whenever consent by Lender is required in force, which may affect the covenants and terms of performance of this Mortgage, nor claimthe granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, take or insist upon any benefit or advantage AND GRANTOR AGREES TO ITS TERMS. GRANTOR: XXXX VAN DER VELDE STATE OF COUNTY OF ) ) SS. ) On this day of any law now or hereafter , 2018, , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in force providing person, and acknowledged that he signed and delivered the said instrument as an authorized member of the Illinois limited liability company and as his free and voluntary act, for the valuation or appraisal uses and purposes therein set forth. Notary Public Notary Public in and for the State of the Mortgaged Property, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provision herein, or pursuant to the decree, judgment or order of any court of competent jurisdiction; nor, after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted to redeem the property so sold or any part thereof, and Borrower hereby expressly waives all benefit or advantage of any such law or laws, and covenants not to hinder, delay or impede the execution of any power herein granted or delegated to Lender, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted. Borrower, for itself and all who may claim under it, waives, to the extent that it lawfully may, all right to have the Mortgaged Property marshaled upon any foreclosure hereof.Illinois My Commission expires

Appears in 1 contract

Samples: Agreement for Sale

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Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS MORTGAGE, GRANTOR XXXXXX XXXXXX, TO THE EXTENT PERMITTED UNDER 735 ILCS 5/15-1601(b), AS NOW ENACTED OR AS MODIFIED, AMENDED OR REPLACED, OR ANY SIMILAR LAW EXISTING NOW OR AFTER THE DATE OF THIS MORTGAGE, ANY AND ALL RIGHTS OF REDEMPTION ON BEHALF OF GRANTOR AND ON BEHALF OF ANY OTHER PERSONS PERMITTED TO REDEEM THE PROPERTY. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless such waiver is in writing and signed by Xxxxxx. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Mortgage shall not constitute a waiver of or prejudice the party’s right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Xxxxxx, nor any course of dealing between Xxxxxx and Borrower will not at any time insist uponor Grantor, or plead, or in any manner whatever claim or take any benefit or advantage shall constitute a waiver of any stay or extension or moratorium law, any exemption from execution or sale of the Mortgaged Property Lender's rights or any part thereof, wherever enacted, now or at Grantor's obligations as to any time hereafter future transactions. Whenever consent by Xxxxxx is required in force, which may affect the covenants and terms of performance of this Mortgage, nor claimthe granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, take or insist upon any benefit or advantage AND GRANTOR AGREES TO ITS TERMS. GRANTOR: By: STATE OF ILLINOIS ) ) SS. COUNTY OF CHAMPAIGN ) On this day of any law now or hereafter , 2005, personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in force providing person, and acknowledged that he/she/they signed and delivered the said instrument as his/her/their free and voluntary act, for the valuation or appraisal uses and purposes therein set forth. Notary Public Notary Public in and for the State of the Mortgaged Property, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provision herein, or pursuant to the decree, judgment or order of any court of competent jurisdiction; nor, after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted to redeem the property so sold or any part thereof, and Borrower hereby expressly waives all benefit or advantage of any such law or laws, and covenants not to hinder, delay or impede the execution of any power herein granted or delegated to Lender, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted. Borrower, for itself and all who may claim under it, waives, to the extent that it lawfully may, all right to have the Mortgaged Property marshaled upon any foreclosure hereof.Illinois My Commission expires (SEAL)

Appears in 1 contract

Samples: Development Incentive Agreement

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