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 Requirements 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 any other Borrower as a condition precedent to such other Borrower's Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Domestic Borrower under Section 13.01 and the joint and several liability of each Multicurrency Borrower under Section 13.02) will not be discharged, except by Payment In Full of the Obligations. Each Borrower further waives all notices of the existence, creation or incurring of new or additional Indebtedness, arising either from additional loans extended to 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 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 the Administrative Agent, the Issuing Banks or any of the Lenders to secure payment of all or any part of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

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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 Requirements of Lawlaw, 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 any other Borrower as a condition precedent to such other Borrower's Co-Borrower Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Domestic Borrower under Section 13.01 and the joint and several liability of each Multicurrency Borrower under Section 13.0211.01) will not be discharged, except by Payment In Full payment in full in cash of the ObligationsCo-Borrower Obligations and the termination of the Commitments. Each Borrower further waives all notices of the existence, creation or incurring incurrence of new or additional Indebtedness, arising either from additional loans extended to 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 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 the Administrative Agent, the Issuing Banks Agent or any of the Lenders Lender to secure payment of all or any part of the Co-Borrower Obligations.

Appears in 1 contract

Samples: Credit Agreement (Patterson Dental Co)

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 Requirements of Lawlaw, 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 any other Borrower as a condition precedent to such other Borrower's ’s Co-Borrower Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Domestic Borrower under Section 13.01 and the joint and several liability of each Multicurrency Borrower under Section 13.0211.01) will not be discharged, except by Payment In Full payment in full in cash of the ObligationsCo-Borrower Obligations and the termination of the Commitments. Each Borrower further waives all notices of the existence, creation or incurring incurrence of new or additional Indebtedness, arising either from additional loans extended to 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 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 the Administrative Agent, the Issuing Banks Agent or any of the Lenders Lender to secure payment of all or any part of the Co-Borrower Obligations.

Appears in 1 contract

Samples: Credit Agreement (Patterson Companies, Inc.)

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 Requirements 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 any other Borrower as a condition precedent to such other Borrower's ’s Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Domestic Borrower under Section 13.01 and the joint and several liability of each Multicurrency Borrower under Section 13.02) will not be discharged, except by Payment In Full of the Obligations. Each Borrower further waives all notices of the existence, creation or incurring of new or additional Indebtedness, arising either from additional loans extended to 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 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 the Administrative Agent, the Issuing Banks Bank or any of the Lenders to secure payment of all or any part of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (NMHG Holding Co)

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 Requirements 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 any other Borrower as a condition precedent to such other Borrower's Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Domestic Borrower under Section SECTION 13.01 and the joint and several liability of each Multicurrency Borrower under Section SECTION 13.02) will not be discharged, except by Payment In Full of the Obligations. Each Borrower further waives all notices of the existence, creation or incurring of new or additional Indebtedness, arising either from additional loans extended to 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 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 the Administrative Agent, the Issuing Banks Bank or any of the Lenders to secure payment of all or any part of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Hyster Overseas Capital Corp LLC)

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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 Requirements of Lawlaw, 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 any other Borrower as a condition precedent to such other Borrower's ’s Co-Borrower Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Domestic Borrower under Section 13.01 and the joint and several liability of each Multicurrency Borrower under Section 13.0216.1) will not be discharged, except by Payment In Full payment in full in cash of the ObligationsCo-Borrower Obligations and the termination of the Revolving Loan Commitments. Each Borrower further waives all notices of the existence, creation or incurring incurrence of new or additional Indebtedness, arising either from additional loans extended to 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 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 the Administrative Agent, the Issuing Banks Agent or any of the Lenders Lender to secure payment of all or any part of the Co-Borrower Obligations.

Appears in 1 contract

Samples: Credit Agreement (Patterson Companies, Inc.)

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 Requirements 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 any other Borrower as a condition precedent to such other Borrower's ’s Obligations hereunder), and covenants that this Agreement (and the joint and several liability of each Domestic Borrower under Section 13.01 and the joint and several liability of each Multicurrency Borrower under Section 13.02) will not be discharged, except by Payment In Full of the Obligations. Each Borrower further waives all notices of the existence, creation or incurring of new or additional Indebtedness, arising either from additional loans extended to 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 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 the Administrative Agent, the Issuing Banks or any of the Lenders to secure payment of all or any part of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

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