Common use of Waivers and Acknowledgements Clause in Contracts

Waivers and Acknowledgements. (a) Except as otherwise expressly provided under any provision of the Loan Documents or as required by any mandatory provision of applicable law, each Borrower hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of receivership, insolvency or bankruptcy of any Borrower or any other Person, protest or notice with respect to the Obligations, all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and notices of acceptance of this Agreement and the other Loan Documents, and all other demands whatsoever (and shall not require that the same be made on the other Borrower as a condition precedent to the other Borrower's Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Borrower under Section 12.01) will not be discharged, except by payment in full in cash of the Obligations and the termination of the Commitments. Each Borrower further waives all notices of the existence, creation or incurrence of new or additional Debt, arising either from additional loans extended to the other Borrower or otherwise, and also waives all notices that the principal amount, or any portion thereof, and/or any interest on any instrument or document evidencing all or any part of the Obligations is due, notices of any and all proceedings to collect from the maker, any endorser or any other guarantor of all or any part of the Obligations, or from any other Person, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or Collateral given to any Agent, any Issuing Bank or any Lender to secure payment of all or any part of the Obligations. (b) The Agents, the Issuing Banks and/or the Lenders are hereby authorized, without notice or demand and without affecting the liability of the Borrowers hereunder, from time to time, (i) to accept partial payments on all or any part of the Obligations; (ii) to take and hold security or Collateral for the payment of all or any part of the Obligations, this Agreement, or any other guaranties of all or any part of the Obligations or other liabilities of the Borrowers, and (iii) to settle, release, exchange, enforce, waive, compromise or collect or otherwise liquidate all or any part of the Obligations, this Agreement, any guaranty of all or any part of the Obligations, and, subject to the terms of the Pledge Agreements, any security or Collateral for the Obligations or for any such guaranty, irrespective of the effect on the contribution or subrogation rights of the Borrowers. Any of the foregoing may be done in any manner, without affecting or impairing the obligations of each Borrower hereunder.

Waivers and Acknowledgements. (a) Except as otherwise expressly provided under any provision of the Loan Documents or as required by any mandatory provision of applicable lawRequirements of Law, each Borrower hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of receivership, insolvency or bankruptcy of any Borrower or any other Person, protest or notice with respect to the Obligations, all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and notices of acceptance of this Agreement and the other Loan Documents, the benefits of all statutes of limitation, and all other demands whatsoever (and shall not require that the same be made on the any other Borrower as a condition precedent to the such other Borrower's Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Domestic Borrower under Section 12.0113.01 and the joint and several liability of each Multicurrency Borrower under Section 13.02) will not be discharged, except by payment in full in cash Payment In Full of the Obligations and the termination of the CommitmentsObligations. Each Borrower further waives all notices of the existence, creation or incurrence incurring of new or additional DebtIndebtedness, arising either from additional loans extended to the any other Borrower or otherwise, and also waives all notices that the principal amount, or any portion thereof, and/or any interest on any instrument or document evidencing all or any part of the Obligations is due, notices of any and all proceedings to collect from the maker, any endorser or any other guarantor Guarantor of all or any part of the Obligations, or from any other Person, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or Collateral given to any the Administrative Agent, any the Issuing Bank Banks or any Lender of the Lenders to secure payment of all or any part of the Obligations. (b) The AgentsAdministrative Agent, the Issuing Banks and/or the Lenders are hereby authorized, without notice or demand and without affecting the liability of the Borrowers hereunder, from time to time, (i) to accept partial payments on all or any part of the Obligations; (ii) to take and hold security or Collateral for the payment of all or any part of the Obligations, this Agreement, or any other guaranties of all or any part of the Obligations or other liabilities of the Borrowers, and (iii) to settle, release, exchange, enforce, waive, compromise or collect or otherwise liquidate all or any part of the Obligations, this Agreement, any guaranty of all or any part of the Obligations, and, subject to the terms of the Pledge Agreementsrelevant Security Documents, any security or Collateral for the Obligations or for any such guaranty, irrespective of the effect on the contribution or subrogation rights of the Borrowers. Any of the foregoing may be done in any manner, without affecting or impairing the obligations of each Borrower hereunder.

Waivers and Acknowledgements. (a) 16.4.1 Except as otherwise expressly provided under any provision of the Loan Documents or as required by any mandatory provision of applicable law, each Borrower hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of receivership, insolvency or bankruptcy of any Borrower or any other Person, protest or notice with respect to the Co-Borrower Obligations, all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and notices of acceptance of this Agreement and the other Loan Documents, the benefits of all statutes of limitation, and all other demands whatsoever (and shall not require that the same be made on the any other Borrower as a condition precedent to the such other Borrower's ’s Co-Borrower Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Borrower under Section 12.0111.01) will not be discharged, except by payment in full in cash of the Co-Borrower Obligations and the termination of the Commitments. Each Borrower further waives all notices of the existence, creation or incurrence of new or additional DebtIndebtedness, arising either from additional loans extended to the any other Borrower or otherwise, and also waives all notices that the principal amount, or any portion thereof, and/or any interest on any instrument or document evidencing all or any part of the Co-Borrower Obligations is due, notices of any and all proceedings to collect from the maker, any endorser or any other guarantor of all or any part of the Co-Borrower Obligations, or from any other Person, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or Collateral collateral given to any Agent, any Issuing Bank the Agent or any Lender to secure payment of all or any part of the Co-Borrower Obligations. (b) 16.4.2 The Agents, the Issuing Banks Agent and/or the Lenders are hereby authorized, without notice or demand and without affecting the liability of the Borrowers hereunder, from time to time, (i) to accept partial payments on all or any part of the Co-Borrower Obligations; (ii) to take and hold security or Collateral collateral for the payment of all or any part of the Co-Borrower Obligations, this Agreement, or any other guaranties of all or any part of the Co-Borrower Obligations or other liabilities of the Borrowers, and (iii) to settle, release, exchange, enforce, waive, compromise or collect or otherwise liquidate all or any part of the Co-Borrower Obligations, this Agreement, any guaranty of all or any part of the Co-Borrower Obligations, and, subject to the terms of the Pledge Agreements, and any security or Collateral collateral for the Co-Borrower Obligations or for any such guaranty, irrespective of the effect on the contribution or subrogation rights of the Borrowers. Any of the foregoing may be done in any manner, without affecting or impairing the obligations of each Borrower hereunder.

Waivers and Acknowledgements. (a) 16.4.1 Except as otherwise expressly provided under any provision of the Loan Documents or as required by any mandatory provision of applicable law, each Borrower hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of receivership, insolvency or bankruptcy of any Borrower or any other Person, protest or notice with respect to the Co-Borrower Obligations, all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and notices of acceptance of this Agreement and the other Loan Documents, the benefits of all statutes of limitation, and all other demands whatsoever (and shall not require that the same be made on the any other Borrower as a condition precedent to the such other Borrower's Co-Borrower Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Borrower under Section 12.0111.01) will not be discharged, except by payment in full in cash of the Co-Borrower Obligations and the termination of the Commitments. Each Borrower further waives all notices of the existence, creation or incurrence of new or additional DebtIndebtedness, arising either from additional loans extended to the any other Borrower or otherwise, and also waives all notices that the principal amount, or any portion thereof, and/or any interest on any instrument or document evidencing all or any part of the Co-Borrower Obligations is due, notices of any and all proceedings to collect from the maker, any endorser or any other guarantor of all or any part of the Co-Borrower Obligations, or from any other Person, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or Collateral collateral given to any Agent, any Issuing Bank the Agent or any Lender to secure payment of all or any part of the Co-Borrower Obligations. (b) 16.4.2 The Agents, the Issuing Banks Agent and/or the Lenders are hereby authorized, without notice or demand and without affecting the liability of the Borrowers hereunder, from time to time, (i) to accept partial payments on all or any part of the Co-Borrower Obligations; (ii) to take and hold security or Collateral for the payment of all or any part of the Obligations, this Agreement, or any other guaranties of all or any part of the Obligations or other liabilities of the Borrowers, and (iii) to settle, release, exchange, enforce, waive, compromise or collect or otherwise liquidate all or any part of the Obligations, this Agreement, any guaranty of all or any part of the Obligations, and, subject to the terms of the Pledge Agreements, any security or Collateral for the Obligations or for any such guaranty, irrespective of the effect on the contribution or subrogation rights of the Borrowers. Any of the foregoing may be done in any manner, without affecting or impairing the obligations of each Borrower hereunder.;

Waivers and Acknowledgements. (a) 16.4.1 Except as otherwise expressly provided under any provision of the Loan Documents or as required by any mandatory provision of applicable law, each Borrower hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of receivership, insolvency or bankruptcy of any Borrower or any other Person, protest or notice with respect to the Co-Borrower Obligations, all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and notices of acceptance of this Agreement and the other Loan Documents, the benefits of all statutes of limitation, and all other demands whatsoever (and shall not require that the same be made on the any other Borrower as a condition precedent to the such other Borrower's ’s Co-Borrower Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Borrower under Section 12.0116.1) will not be discharged, except by payment in full in cash of the Co-Borrower Obligations and the termination of the Revolving Loan Commitments. Each Borrower further waives all notices of the existence, creation or incurrence of new or additional DebtIndebtedness, arising either from additional loans extended to the any other Borrower or otherwise, and also waives all notices that the principal amount, or any portion thereof, and/or any interest on any instrument or document evidencing all or any part of the Co-Borrower Obligations is due, notices of any and all proceedings to collect from the maker, any endorser or any other guarantor of all or any part of the Co-Borrower Obligations, or from any other Person, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or Collateral collateral given to any Agent, any Issuing Bank the Agent or any Lender to secure payment of all or any part of the Co-Borrower Obligations. (b) 16.4.2 The Agents, the Issuing Banks Agent and/or the Lenders are hereby authorized, without notice or demand and without affecting the liability of the Borrowers hereunder, from time to time, (i) to accept partial payments on all or any part of the Co-Borrower Obligations; (ii) to take and hold security or Collateral collateral for the payment of all or any part of the Co-Borrower Obligations, this Agreement, or any other guaranties of all or any part of the Co-Borrower Obligations or other liabilities of the Borrowers, and (iii) to settle, release, exchange, enforce, waive, compromise or collect or otherwise liquidate all or any part of the Co-Borrower Obligations, this Agreement, any guaranty of all or any part of the Co-Borrower Obligations, and, subject to the terms of the Pledge Agreements, and any security or Collateral collateral for the Co-Borrower Obligations or for any such guaranty, irrespective of the effect on the contribution or subrogation rights of the Borrowers. Any of the foregoing may be done in any manner, without affecting or impairing the obligations of each Borrower hereunder.

Waivers and Acknowledgements. (a) Except as otherwise expressly provided under any provision of the Loan Documents or as required by any mandatory provision of applicable lawRequirements of Law, each Borrower hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of receivership, insolvency or bankruptcy of any Borrower or any other Person, protest or notice with respect to the Obligations, all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and notices of acceptance of this Agreement and the other Loan Documents, the benefits of all statutes of limitation, and all other demands whatsoever (and shall not require that the same be made on the any other Borrower as a condition precedent to the such other Borrower's ’s Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Domestic Borrower under Section 12.0113.01 and the joint and several liability of each Multicurrency Borrower under Section 13.02) will not be discharged, except by payment in full in cash Payment In Full of the Obligations and the termination of the CommitmentsObligations. Each Borrower further waives all notices of the existence, creation or incurrence incurring of new or additional DebtIndebtedness, arising either from additional loans extended to the any other Borrower or otherwise, and also waives all notices that the principal amount, or any portion thereof, and/or any interest on any instrument or document evidencing all or any part of the Obligations is due, notices of any and all proceedings to collect from the maker, any endorser or any other guarantor Guarantor of all or any part of the Obligations, or from any other Person, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or Collateral given to any the Administrative Agent, any the Issuing Bank Banks or any Lender of the Lenders to secure payment of all or any part of the Obligations. (b) The AgentsAdministrative Agent, the Issuing Banks and/or the Lenders are hereby authorized, without notice or demand and without affecting the liability of the Borrowers hereunder, from time to time, (i) to accept partial payments on all or any part of the Obligations; (ii) to take and hold security or Collateral for the payment of all or any part of the Obligations, this Agreement, or any other guaranties of all or any part of the Obligations or other liabilities of the Borrowers, and (iii) to settle, release, exchange, enforce, waive, compromise or collect or otherwise liquidate all or any part of the Obligations, this Agreement, any guaranty of all or any part of the Obligations, and, subject to the terms of the Pledge Agreementsrelevant Security Documents, any security or Collateral for the Obligations or for any such guaranty, irrespective of the effect on the contribution or subrogation rights of the Borrowers. Any of the foregoing may be done in any manner, without affecting or impairing the obligations of each Borrower hereunder.

Waivers and Acknowledgements. (a) Except as otherwise expressly provided under any provision of the Loan Documents or as required by any mandatory provision of applicable law, each Borrower hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of receivership, insolvency or bankruptcy of any Borrower or any other Person, protest or notice with respect to the Obligations, all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and notices of acceptance of this Agreement and the other Loan Documents, and all other demands whatsoever (and shall not require that the same be made on the other Borrower as a condition precedent to the other Borrower's Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Borrower under Section 12.0111.01) will not be discharged, except by payment in full in cash of the Obligations and the termination of the Commitments. Each Borrower further waives all notices of the existence, creation or incurrence of new or additional Debt, arising either from additional loans extended to the other Borrower or otherwise, and also waives all notices that the principal amount, or any portion thereof, and/or any interest on any instrument or document evidencing all or any part of the Obligations is due, notices of any and all proceedings to collect from the maker, any endorser or any other guarantor of all or any part of the Obligations, or from any other Person, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or Collateral given to any Agent, any Issuing Bank Agent or any Lender to secure payment of all or any part of the Obligations. (b) The Agents, the Issuing Banks Agents and/or the Lenders are hereby authorized, without notice or demand and without affecting the liability of the Borrowers hereunder, from time to time, (i) to accept partial payments on all or any part of the Obligations; (ii) to take and hold security or Collateral for the payment of all or any part of the Obligations, this Agreement, or any other guaranties of all or any part of the Obligations or other liabilities of the Borrowers, and (iii) to settle, release, exchange, enforce, waive, compromise or collect or otherwise liquidate all or any part of the Obligations, this Agreement, any guaranty of all or any part of the Obligations, and, subject to the terms of the Pledge Agreements, any security or Collateral for the Obligations or for any such guaranty, irrespective of the effect on the contribution or subrogation rights of the Borrowers. Any of the foregoing may be done in any manner, without affecting or impairing the obligations of each Borrower hereunder.

Waivers and Acknowledgements. (a) Except as otherwise expressly provided under any provision of the Loan Documents or as required by any mandatory provision of applicable lawRequirements of Law, each Borrower hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of receivership, insolvency or bankruptcy of any Borrower or any other Person, protest or notice with respect to the Obligations, all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and notices of acceptance of this Agreement and the other Loan Documents, the benefits of all statutes of limitation, and all other demands whatsoever (and shall not require that the same be made on the any other Borrower as a condition precedent to the such other Borrower's ’s Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Domestic Borrower under Section 12.0113.01 and the joint and several liability of each Multicurrency Borrower under Section 13.02) will not be discharged, except by payment in full in cash Payment In Full of the Obligations and the termination of the CommitmentsObligations. Each Borrower further waives all notices of the existence, creation or incurrence incurring of new or additional DebtIndebtedness, arising either from additional loans extended to the any other Borrower or otherwise, and also waives all notices that the principal amount, or any portion thereof, and/or any interest on any instrument or document evidencing all or any part of the Obligations is due, notices of any and all proceedings to collect from the maker, any endorser or any other guarantor Guarantor of all or any part of the Obligations, or from any other Person, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or Collateral given to any the Administrative Agent, any the Issuing Bank or any Lender of the Lenders to secure payment of all or any part of the Obligations. (b) The AgentsAdministrative Agent, the Issuing Banks Bank and/or the Lenders are hereby authorized, without notice or demand and without affecting the liability of the Borrowers hereunder, from time to time, (i) to accept partial payments on all or any part of the Obligations; (ii) to take and hold security or Collateral for the payment of all or any part of the Obligations, this Agreement, or any other guaranties of all or any part of the Obligations or other liabilities of the Borrowers, and (iii) to settle, release, exchange, enforce, waive, compromise or collect or otherwise liquidate all or any part of the Obligations, this Agreement, any guaranty of all or any part of the Obligations, and, subject to the terms of the Pledge Agreementsrelevant Security Documents, any security or Collateral for the Obligations or for any such guaranty, irrespective of the effect on the contribution or subrogation rights of the Borrowers. Any of the foregoing may be done in any manner, without affecting or impairing the obligations of each Borrower hereunder.