Common use of Waiver of Statutory Rights Clause in Contracts

Waiver of Statutory Rights. BORROWER SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, STAY, EXTENSION OR EXEMPTION LAWS, OR ANY SIMILAR LAWS NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OF THE LOAN DOCUMENTS, BUT HEREBY WAIVES THE BENEFIT OF SUCH LAWS TO THE FULL EXTENT THAT IT MAY DO SO UNDER APPLICABLE LAW. BORROWER HEREBY WAIVES ANY AND ALL RIGHT TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL MARSHALED AND AGREES THAT ANY COURT HAVING JURISDICTION OVER ANY EXERCISE OF LENDER’S REMEDIES MAY ORDER THE COLLATERAL SOLD AS AN ENTIRETY OR IN SEPARATE PARTS. BORROWER HEREBY WAIVES, TO THE FULL EXTENT IT MAY DO SO OR NOT PROHIBITED UNDER APPLICABLE LAW, ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR DECREE OF FORECLOSURE, UCC AUCTION OR UNDER ANY PUBLIC OR PRIVATE SALE PERMITTED UNDER ANY APPLICABLE LAW NOW EXISTING OR HEREAFTER ENACTED.

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)

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Waiver of Statutory Rights. BORROWER THE MORTGAGOR SHALL NOT AND WILL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, STAY, EXTENSION OR EXEMPTION LAWS, OR ANY SIMILAR LAWS SO-CALLED "MORATORIUM LAWS," NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THE LOAN DOCUMENTSTHIS MORTGAGE, BUT HEREBY WAIVES WAlVES THE BENEFIT OF SUCH LAWS TO THE FULL EXTENT THAT IT THE MORTGAGOR MAY DO SO UNDER APPLICABLE LAW. BORROWER HEREBY THE MORTGAGOR FOR ITSELF AND ALL WHO MAY CLAIM THROUGH OR UNDER IT WAIVES ANY AND ALL RIGHT TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL MARSHALED MORTGAGED PROPERTY MARSHALLED UPON ANY FORECLOSURE OF THE LIEN OF THIS MORTGAGE AND AGREES THAT ANY COURT HAVING JURISDICTION OVER ANY EXERCISE OF LENDER’S REMEDIES TO FORECLOSE SUCH LIEN MAY ORDER THE COLLATERAL MORTGAGED PROPERTY SOLD AS AN ENTIRETY ENTIRETY. THE MORTGAGOR HEREBY WAIVES FOR ITSELF AND ALL WHO MAY CLAIM THROUGH OR IN SEPARATE PARTS. BORROWER HEREBY WAIVESUNDER IT, AND TO THE FULL EXTENT IT THE MORTGAGOR MAY DO SO OR NOT PROHIBITED UNDER APPLICABLE LAW, ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR OF DECREE OF FORECLOSURE, UCC AUCTION FORECLOSURE OF THIS MORTGAGE OR GRANTED UNDER ANY PUBLIC OR PRIVATE SALE PERMITTED UNDER ANY APPLICABLE LAW STATUTE NOW EXISTING OR HEREAFTER ENACTED.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Boreal Water Collection Inc.)

Waiver of Statutory Rights. BORROWER GRANTOR SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, REDEMPTION, STAY, EXTENSION EXTENSION, OR EXEMPTION LAWS, OR ANY SIMILAR LAWS SO-CALLED “MORATORIUM LAWS,” NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THE LOAN DOCUMENTSTHIS DEED, BUT AND GRANTOR HEREBY WAIVES THE BENEFIT OF SUCH LAWS TO THE FULL EXTENT THAT IT LAWS. GRANTOR, FOR ITSELF AND ALL WHO MAY DO SO CLAIM THROUGH OR UNDER APPLICABLE LAW. BORROWER HEREBY IT, WAIVES ANY AND ALL RIGHT RIGHTS TO HAVE THE PROPERTY AND ESTATES COMPRISING THE DEED COLLATERAL MARSHALED UPON ANY FORECLOSURE OF THE LIEN, SECURITY TITLE AND SECURITY INTEREST OF THIS DEED, AND AGREES THAT ANY COURT HAVING JURISDICTION OVER ANY EXERCISE OF LENDER’S REMEDIES THE DEED COLLATERAL MAY ORDER THE COLLATERAL BE SOLD AS AN IN ITS ENTIRETY OR IN SEPARATE PARTSSUCH PARTS AS GRANTEE MAY ELECT. BORROWER HEREBY WAIVES, TO THE FULL EXTENT IT MAY DO SO OR NOT PROHIBITED UNDER APPLICABLE LAW, GRANTOR FURTHER WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR DECREE OF FORECLOSURE, UCC AUCTION IF ANY, FOR ITSELF AND ON BEHALF OF: (I) ANY TRUST ESTATE OF WHICH THE DEED COLLATERAL IS A PART; (II) ALL BENEFICIALLY INTERESTED PERSONS; (III) EACH AND EVERY PERSON ACQUIRING ANY INTEREST IN OR TITLE TO THE DEED COLLATERAL SUBSEQUENT TO THE DATE OF THIS DEED; AND (IV) ALL OTHER PERSONS TO THE EXTENT PERMITTED BY THE PROVISIONS OF LAWS OF THE STATE IN WHICH THE DEED COLLATERAL IS LOCATED. GRANTOR EXPRESSLY ACKNOWLEDGES THE RIGHT OF GRANTEE TO ACCELERATE THE INDEBTEDNESS SECURED HEREBY AS PROVIDED HEREIN AND IN THE CREDIT AGREEMENT AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE DEED COLLATERAL BY NON-JUDICIAL FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER ANY PUBLIC THE PROVISIONS OF THIS DEED OR PRIVATE SALE PERMITTED UNDER ANY APPLICABLE LAW NOW EXISTING OR HEREAFTER ENACTEDTHE OTHER LOAN DOCUMENTS.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

Waiver of Statutory Rights. BORROWER MORTGAGOR SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, REDEMPTION, STAY, EXTENSION EXTENSION, OR EXEMPTION LAWS, OR ANY SIMILAR LAWS SO-CALLED “MORATORIUM LAWS,” NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THE LOAN DOCUMENTSTHIS MORTGAGE, BUT AND MORTGAGOR HEREBY WAIVES THE BENEFIT OF SUCH LAWS TO THE FULL EXTENT THAT IT LAWS. MORTGAGOR, FOR ITSELF AND ALL WHO MAY DO SO CLAIM THROUGH OR UNDER APPLICABLE LAW. BORROWER HEREBY IT, WAIVES ANY AND ALL RIGHT RIGHTS TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL PROPERTY MARSHALED UPON ANY FORECLOSURE OF THE LIEN OF THIS MORTGAGE, AND AGREES THAT ANY COURT HAVING JURISDICTION OVER ANY EXERCISE OF LENDER’S REMEDIES TO FORECLOSE SUCH LIEN MAY ORDER THE COLLATERAL PROPERTY SOLD AS AN ENTIRETY OR IN SEPARATE PARTSITS ENTIRETY. BORROWER HEREBY WAIVES, TO THE FULL EXTENT IT MAY DO SO OR NOT PROHIBITED UNDER APPLICABLE LAW, MORTGAGOR FURTHER WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM FORECLOSURE AND FROM SALE UNDER ANY ORDER OR DECREE OF FORECLOSUREFORECLOSURE OF THE LIEN CREATED BY THIS MORTGAGE, UCC AUCTION FOR ITSELF AND ON BEHALF OF: (i) ANY TRUST ESTATE OF WHICH THE PREMISES ARE A PART, ALL BENEFICIALLY INTERESTED PERSONS; (ii) EACH AND EVERY PERSON ACQUIRING ANY INTEREST IN THE PROPERTY OR UNDER ANY PUBLIC OR PRIVATE SALE TITLE TO THE PREMISES SUBSEQUENT TO THE DATE OF THIS MORTGAGE; AND (iii) ALL OTHER PERSONS TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW NOW EXISTING OR HEREAFTER ENACTEDBY ILLINOIS LAW.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Innovative Food Holdings Inc)

Waiver of Statutory Rights. BORROWER GRANTOR SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, REDEMPTION, STAY, EXTENSION EXTENSION, OR EXEMPTION LAWS, OR ANY SIMILAR LAWS SO-CALLED “MORATORIUM LAWS,” NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THE LOAN DOCUMENTSTHIS DEED, BUT AND GRANTOR HEREBY WAIVES THE BENEFIT OF SUCH LAWS TO THE FULL EXTENT THAT IT LAWS. GRANTOR, FOR ITSELF AND ALL WHO MAY DO SO CLAIM THROUGH OR UNDER APPLICABLE LAW. BORROWER HEREBY IT, WAIVES ANY AND ALL RIGHT RIGHTS TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL MARSHALED UPON ANY FORECLOSURE OF THE LIEN, SECURITY TITLE AND SECURITY INTEREST OF THIS DEED, AND AGREES THAT ANY COURT HAVING JURISDICTION OVER ANY EXERCISE OF LENDER’S REMEDIES MAY ORDER THE COLLATERAL MAY BE SOLD AS AN IN ITS ENTIRETY OR IN SEPARATE PARTSSUCH PARTS AS GRANTEE MAY ELECT. BORROWER HEREBY WAIVES, TO THE FULL EXTENT IT MAY DO SO OR NOT PROHIBITED UNDER APPLICABLE LAW, GRANTOR FURTHER WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR DECREE OF FORECLOSURE, UCC AUCTION IF ANY, FOR ITSELF AND ON BEHALF OF: (I) ANY TRUST ESTATE OF WHICH THE COLLATERAL IS A PART; (II) ALL BENEFICIALLY INTERESTED PERSONS; (III) EACH AND EVERY PERSON ACQUIRING ANY INTEREST IN OR TITLE TO THE COLLATERAL SUBSEQUENT TO THE DATE OF THIS DEED; AND (IV) ALL OTHER PERSONS TO THE EXTENT PERMITTED BY THE PROVISIONS OF LAWS OF THE STATE IN WHICH THE COLLATERAL IS LOCATED. GRANTOR EXPRESSLY ACKNOWLEDGES THE RIGHT OF GRANTEE TO ACCELERATE THE INDEBTEDNESS SECURED HEREBY AS PROVIDED HEREIN AND IN THE SECOND LIEN CREDIT AGREEMENT AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE COLLATERAL BY NON-JUDICIAL FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER ANY PUBLIC THE PROVISIONS OF THIS DEED OR PRIVATE SALE PERMITTED UNDER ANY APPLICABLE LAW NOW EXISTING OR HEREAFTER ENACTEDTHE OTHER LOAN DOCUMENTS.

Appears in 1 contract

Samples: Second Lien Term Loan and Guaranty Agreement (Delta Air Lines Inc /De/)

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Waiver of Statutory Rights. BORROWER MORTGAGOR SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, STAY, EXTENSION EXTENSION, OR EXEMPTION LAWS, OR ANY SIMILAR LAWS SO-CALLED “MORATORIUM LAWS,” NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THE LOAN DOCUMENTSTHIS MORTGAGE, BUT AND MORTGAGOR HEREBY WAIVES THE BENEFIT OF SUCH LAWS TO THE FULL EXTENT THAT IT LAWS. MORTGAGOR, FOR ITSELF AND ALL WHO MAY DO SO CLAIM THROUGH OR UNDER APPLICABLE LAW. BORROWER HEREBY IT, WAIVES ANY AND ALL RIGHT RIGHTS TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL MARSHALED UPON ANY FORECLOSURE OF THE LIEN AND SECURITY INTEREST OF THIS MORTGAGE, AND AGREES THAT ANY COURT HAVING JURISDICTION OVER ANY EXERCISE OF LENDER’S REMEDIES MAY ORDER THE COLLATERAL MAY BE SOLD AS AN IN ITS ENTIRETY OR IN SEPARATE PARTSSUCH PARTS AS MORTGAGEE MAY ELECT. BORROWER MORTGAGOR EXPRESSLY ACKNOWLEDGES THE RIGHT OF MORTGAGEE TO ACCELERATE THE INDEBTEDNESS SECURED HEREBY WAIVES, AS PROVIDED HEREIN AND IN THE CREDIT AGREEMENT AND THE POWER GIVEN HEREIN TO MORTGAGEE TO SELL THE FULL EXTENT IT MAY DO SO COLLATERAL BY NON-JUDICIAL FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS MORTGAGE OR NOT PROHIBITED UNDER APPLICABLE LAW, ANY AND ALL RIGHTS THE OTHER LOAN DOCUMENTS OR THE LAWS OF REDEMPTION FROM SALE UNDER ANY ORDER OR DECREE THE STATE OF FORECLOSURE, UCC AUCTION OR UNDER ANY PUBLIC OR PRIVATE SALE PERMITTED UNDER ANY APPLICABLE LAW NOW EXISTING OR HEREAFTER ENACTEDMINNESOTA.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

Waiver of Statutory Rights. BORROWER GRANTOR SHALL NOT APPLY FOR OR AVAIL ITSELF OF ANY APPRAISEMENT, VALUATION, REDEMPTION, STAY, EXTENSION EXTENSION, OR EXEMPTION LAWS, OR ANY SIMILAR LAWS SO-CALLED “MORATORIUM LAWS,” NOW EXISTING OR HEREAFTER ENACTED, IN ORDER TO PREVENT OR HINDER THE ENFORCEMENT OR FORECLOSURE OF THE LOAN DOCUMENTSTHIS DEED, BUT AND GRANTOR HEREBY WAIVES THE BENEFIT OF SUCH LAWS TO THE FULL EXTENT THAT IT LAWS. GRANTOR, FOR ITSELF AND ALL WHO MAY DO SO CLAIM THROUGH OR UNDER APPLICABLE LAW. BORROWER HEREBY IT, WAIVES ANY AND ALL RIGHT RIGHTS TO HAVE THE PROPERTY AND ESTATES COMPRISING THE COLLATERAL MARSHALED UPON ANY FORECLOSURE OF THE LIEN, SECURITY TITLE AND SECURITY INTEREST OF THIS DEED, AND AGREES THAT ANY COURT HAVING JURISDICTION OVER ANY EXERCISE OF LENDER’S REMEDIES MAY ORDER THE COLLATERAL MAY BE SOLD AS AN IN ITS ENTIRETY OR IN SEPARATE PARTSSUCH PARTS AS GRANTEE MAY ELECT. BORROWER HEREBY WAIVES, TO THE FULL EXTENT IT MAY DO SO OR NOT PROHIBITED UNDER APPLICABLE LAW, GRANTOR FURTHER WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR DECREE OF FORECLOSURE, UCC AUCTION IF ANY, FOR ITSELF AND ON BEHALF OF: (I) ANY TRUST ESTATE OF WHICH THE COLLATERAL IS A PART; (II) ALL BENEFICIALLY INTERESTED PERSONS; (III) EACH AND EVERY PERSON ACQUIRING ANY INTEREST IN OR TITLE TO THE COLLATERAL SUBSEQUENT TO THE DATE OF THIS DEED; AND (IV) ALL OTHER PERSONS TO THE EXTENT PERMITTED BY THE PROVISIONS OF LAWS OF THE STATE IN WHICH THE COLLATERAL IS LOCATED. GRANTOR EXPRESSLY ACKNOWLEDGES THE RIGHT OF GRANTEE TO ACCELERATE THE INDEBTEDNESS SECURED HEREBY AS PROVIDED HEREIN AND IN THE FIRST LIEN CREDIT AGREEMENT AND THE POWER OF ATTORNEY GIVEN HEREIN TO GRANTEE TO SELL THE COLLATERAL BY NON-JUDICIAL FORECLOSURE UPON THE OCCURRENCE OF AN EVENT OF DEFAULT WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER ANY PUBLIC THE PROVISIONS OF THIS DEED OR PRIVATE SALE PERMITTED UNDER ANY APPLICABLE LAW NOW EXISTING OR HEREAFTER ENACTEDTHE OTHER LOAN DOCUMENTS.

Appears in 1 contract

Samples: First Lien Revolving Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

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