Common use of Waivers and Acknowledgments Clause in Contracts

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer or any other Person.

Appears in 84 contracts

Samples: Guaranty (Petrobras - Petroleo Brasileiro Sa), Second Supplemental Indenture (Petrobras - Petroleo Brasileiro Sa), Indenture (Petrobras Global Finance B.V.)

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Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any Collateral.

Appears in 83 contracts

Samples: Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Ortho Clinical Diagnostics Holdings PLC)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 19 contracts

Samples: Credit Agreement (Summit Hotel Properties, Inc.), Credit Agreement (Summit Hotel Properties, Inc.), Credit Agreement (Five Star Senior Living Inc.)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Agreement and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any Collateral.

Appears in 16 contracts

Samples: Credit Agreement (Integra Lifesciences Holdings Corp), Credit Agreement (Integra Lifesciences Holdings Corp), Credit Agreement (Integra Lifesciences Holdings Corp)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the applicable Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any Collateral.

Appears in 15 contracts

Samples: Letter of Credit Facility Agreement (Eastman Kodak Co), Letter of Credit Facility Agreement (Eastman Kodak Co), Credit Agreement (Eastman Kodak Co)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 14 contracts

Samples: Assignment and Assumption (Omnicom Group Inc.), Day Credit Agreement (Omnicom Group Inc.), Five Year Credit Agreement (Omnicom Group Inc.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any Collateral.

Appears in 13 contracts

Samples: Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Holdings Guaranty (ZoomInfo Technologies Inc.), Holdings Guaranty (ZoomInfo Technologies Inc.)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any other Lender Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 13 contracts

Samples: Credit Agreement, Credit Agreement (Summit Hotel Properties, Inc.), Credit Agreement (Summit Hotel Properties, Inc.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, demand of payment, acceptance, notice of acceptance, presentment, demand for performanceprotest, notice of nonperformance, default, acceleration, protest or dishonor and any other notice notices with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer or any other PersonGuaranty.

Appears in 10 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Guaranty Agreement

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Beneficiary protect, secure, perfect or insure any Lien or any property subject thereto Property or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 9 contracts

Samples: Credit Agreement (Cano Petroleum, Inc), Security Agreement (Cano Petroleum, Inc), Subordinated Credit Agreement (Cano Petroleum, Inc)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Bank protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 8 contracts

Samples: Credit Agreement (Southern Union Co), Credit Agreement (Panhandle Eastern Pipe Line Co Lp), Credit Agreement (Southern Union Co)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Amended and Restated Guaranty and any requirement that the Trustee, on behalf of the Noteholders, protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer or any other Person.

Appears in 8 contracts

Samples: Guaranty, Amended and Restated Guaranty (Petrobras - Petroleo Brasileiro Sa), Amended and Restated Guaranty (Petrobras - Petroleo Brasileiro Sa)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 7 contracts

Samples: Credit Agreement (Methode Electronics Inc), Term Loan Agreement (Easterly Government Properties, Inc.), Term Loan Agreement (Easterly Government Properties, Inc.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives waives, to the extent permitted by applicable Law, promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Agreement and any requirement that the Trustee, on behalf of the Noteholders, any Credit Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other Person.

Appears in 7 contracts

Samples: Parent Guaranty Agreement, Credit Agreement (Gilead Sciences Inc), Parent Guaranty Agreement (Gilead Sciences Inc)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien Encumbrance or any property subject thereto or exhaust any right or take any action against the Issuer any Borrower or any other PersonPerson or any collateral.

Appears in 6 contracts

Samples: Credit Agreement (Teva Pharmaceutical Industries LTD), Credit Agreement (Teva Pharmaceutical Industries LTD), Bridge Loan Agreement (Teva Pharmaceutical Industries LTD)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, demand for performance, notice of acceptance, presentment, demand for protest, non-performance, notice of nonperformance, default, acceleration, early termination, protest or dishonor and dishonor, any other notice with respect to any of the Guaranteed Obligations and this Guaranty and Article 1, and, except as provided in Section 1.01(d), any requirement that the Trustee, on behalf of the Noteholders, Beneficiary protect, secure, perfect or insure any Lien or any property subject thereto Security or exhaust any right or take any action against the Issuer Guarantor or any other Personentity or any Security.

Appears in 5 contracts

Samples: Telephone & Data Systems Inc /De/, Telephone & Data Systems Inc /De/, Telephone & Data Systems Inc /De/

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right right, power or remedy or take any action against the Issuer or any other Person.

Appears in 5 contracts

Samples: Guaranty (Ambev S.A.), Guaranty (InBev Corporate Holdings Inc.), Guaranty (American Beverage Co Ambev)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Credit Party or any other PersonPerson or any collateral.

Appears in 5 contracts

Samples: Credit Agreement (Td Ameritrade Holding Corp), Credit Agreement (Td Ameritrade Holding Corp), Credit Agreement (Td Ameritrade Holding Corp)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the NoteholdersCollateral Agent, or any Holder protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Obligor or any other PersonPerson or any Collateral.

Appears in 4 contracts

Samples: Security Agreement (Pioneer Companies Inc), Security Agreement (Pioneer Companies Inc), Pioneer Companies Inc

Waivers and Acknowledgments. (ah) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien Encumbrance or any property subject thereto or exhaust any right or take any action against the Issuer any Borrower or any other PersonPerson or any collateral.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Teva Pharmaceutical Industries LTD), Bridge Loan Agreement (Teva Pharmaceutical Industries LTD)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Guarantee and any requirement that the Trustee, on behalf of the Noteholders, protect, secure, perfect or insure any Lien or any property subject thereto or Lender exhaust any right or take any action against the Issuer any Borrower, any Guarantor or any other Person.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Heico Corp), Revolving Credit Agreement (Heico Corp), Revolving Credit Agreement (Harris Corp /De/)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Guarantee and any requirement that the Trustee, on behalf of the Noteholders, protect, secure, perfect or insure any Lien or any property subject thereto or Lender exhaust any right or take any action against the Issuer Borrower, any Guarantor or any other Person.

Appears in 4 contracts

Samples: Term Loan Agreement (Assurant Inc), Credit Agreement (Assurant Inc), Term Loan Agreement (Harris Corp /De/)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Guarantee Agreement and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any Collateral.

Appears in 4 contracts

Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Obligor or any other PersonPerson or any Collateral.

Appears in 3 contracts

Samples: Parent Guaranty (LEM America, Inc), Company Guaranty (LEM America, Inc), Holdings Guaranty (UGS PLM Solutions Asia/Pacific INC)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the applicable Guaranteed Obligations and this Guaranty and any requirement that the TrusteeAdministrative Agent, on behalf of the Noteholders, any L/C Issuer or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Borrower or any other PersonPerson or any collateral.

Appears in 3 contracts

Samples: Credit Agreement (Lululemon Athletica Inc.), Credit Agreement (Lululemon Athletica Inc.), Credit Agreement (Lululemon Athletica Inc.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Beneficiary protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Guaranteed Borrower or any other PersonPerson or any collateral.

Appears in 3 contracts

Samples: Credit Agreement (Firstenergy Corp), Credit Agreement (Jersey Central Power & Light Co), Assignment Agreement (Nationwide Financial Services Inc/)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Guaranteed Party protect, secure, perfect or insure any Lien lien or security interest or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 3 contracts

Samples: Day Credit Agreement (Washington Post Co), Five Year Credit Agreement (Washington Post Co), Day Credit Agreement (Washington Post Co)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformancenon-performance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien Encumbrance or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Teva Pharmaceutical Industries LTD), Credit Agreement (Teva Pharmaceutical Industries LTD), Credit Agreement (Teva Pharmaceutical Industries LTD)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Borrower or any other PersonPerson or any collateral.

Appears in 3 contracts

Samples: Year Credit Agreement (Lubrizol Corp), Year Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives waives, to the maximum extent permitted by applicable law, promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Obligor or any other PersonPerson or any Collateral.

Appears in 3 contracts

Samples: Subsidiary Guaranty (Warner Music Group Corp.), Subsidiary Guaranty (Warner Music Group Corp.), Subsidiary Guaranty (Warner Music Group Corp.)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Guarantor or any other PersonPerson or any Collateral.

Appears in 3 contracts

Samples: Credit Agreement (Quintiles Transnational Holdings Inc.), Credit Agreement (Campbell Alliance Group Inc), Credit Agreement (Dunkin' Brands Group, Inc.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Agreement and any requirement that the Trustee, on behalf of the Noteholders, any Guaranteed Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 3 contracts

Samples: Supplemental Agreement, Year Credit Agreement (Gatx Financial Corp), Year Credit Agreement (Gatx Corp)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien Encumbrance or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 2 contracts

Samples: Credit Agreement (Teva Pharmaceutical Industries LTD), Credit Agreement (Teva Pharmaceutical Industries LTD)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Guaranteed Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any other Person or any Cash Collateral or other Personcollateral.

Appears in 2 contracts

Samples: Collateral Agreement, Ocwen Financial Corp

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Credit Party or any other PersonPerson or any Collateral.

Appears in 2 contracts

Samples: Possession Credit Agreement (AbitibiBowater Inc.), Possession Credit Agreement (AbitibiBowater Inc.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien lien or any property subject thereto or exhaust any right or take any action against any party obligated on or for the Issuer Note or any other PersonPerson or any Collateral.

Appears in 2 contracts

Samples: Verity Corp., Verity Corp.

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Credit Party or any other PersonPerson or any Collateral.

Appears in 2 contracts

Samples: Loan and Security Agreement (Atlanticus Holdings Corp), Loan and Security Agreement (Atlanticus Holdings Corp)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any Collateral.

Appears in 2 contracts

Samples: Credit Agreement (US Power Generating CO), Credit and Guaranty Agreement (US Power Generating CO)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Agreement and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Obligor or any other PersonPerson or any Collateral.

Appears in 2 contracts

Samples: Note Purchase Agreement (Itc Deltacom Inc), Securities Purchase Agreement (Itc Deltacom Inc)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Beneficiary protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Company or any other PersonPerson or any collateral.

Appears in 2 contracts

Samples: Guaranty (Jersey Central Power & Light Co), Firstenergy Corp

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Guarantee and any requirement that the Trustee, on behalf of the Noteholders, any Holder protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any Collateral.

Appears in 2 contracts

Samples: Indenture (Warnaco Group Inc /De/), Warnaco Group Inc /De/

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 2 contracts

Samples: Credit Agreement (Hill-Rom Holdings, Inc.), Credit Agreement (Hillenbrand, Inc.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Guarantee and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other Person.

Appears in 2 contracts

Samples: Credit Agreement (AquaVenture Holdings LTD), Credit Agreement (Aquaventure Holdings LLC)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any Collateral.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Agilent Technologies Inc)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Purchaser protect, secure, perfect or insure any Lien lien or other encumbrance or any property subject thereto or exhaust any right or take any action against the Issuer any Note Party or any other Personentity or any Collateral.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Ediets Com Inc), Subsidiary Guaranty (Ediets Com Inc)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, marshaling, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Company, any other Guarantor or any other PersonPerson or any collateral.

Appears in 2 contracts

Samples: Credit Agreement (CSRA Inc.), Credit Agreement (CSRA Inc.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Beneficiary protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 2 contracts

Samples: Term Loan Agreement (Public Service Co of New Mexico), Guaranty Agreement (Public Service Co of New Mexico)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Guarantee and any requirement that the Trustee, on behalf of the Noteholders, protect, secure, perfect or insure any Lien or any property subject thereto or Lender exhaust any right or take any action against the Issuer Borrower or any other Person.

Appears in 2 contracts

Samples: Day Term Loan Agreement (Becton Dickinson & Co), Bridge Term Loan Agreement (Becton Dickinson & Co)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Article VII and any requirement that any Lender or the Trustee, on behalf of the Noteholders, Agent protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 2 contracts

Samples: Credit Agreement (Scholastic Corp), Credit Agreement (Pe Corp)

Waivers and Acknowledgments. (ai) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Lender Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Grantor or any other PersonPerson or any Collateral.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Pac-West Telecomm Inc), Guaranty and Security Agreement (Pac-West Telecomm Inc)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives waives, to the extent permitted by applicable Laws, promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Agreement and any requirement that the Trustee, on behalf of the Noteholders, Company protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Company or any other PersonPerson or any Collateral.

Appears in 2 contracts

Samples: Guaranty Agreement (Medley Capital Corp), Guaranty Agreement

Waivers and Acknowledgments. (a) The To the extent permitted by law, Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien lien or any property subject thereto or exhaust any right or take any action against the Issuer Company or any other PersonPerson or any collateral.

Appears in 2 contracts

Samples: Guaranty (Alliance Resource Partners Lp), Guaranty (Alliance Resource Partners Lp)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably expressly waives promptness, diligence, notice of acceptance, presentment, demand for performance, protest, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and Guaranty, as well as any requirement that the TrusteeAdministrative Agent, on behalf of the NoteholdersIssuing Bank, any Lender or any Hedge Counterparty protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Related Person or any other PersonPerson or any Collateral.

Appears in 2 contracts

Samples: Guaranty (Spinnaker Exploration Co), Guaranty (Spinnaker Exploration Co)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformancenon-performance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien Encumbrance or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Teva Pharmaceutical Industries LTD)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Credit Agreement (Sensata Technologies Holding PLC)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Guarantee and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Obligor or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Canadian Guarantee Agreement (United Rentals North America Inc)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Credit Agreement (Hewlett Packard Enterprise Co)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Credit Agreement (Avago Technologies LTD)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with NYDOCS02/877859.5 56 respect to any of the Guaranteed Obligations and this Guaranty Guarantee and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Royal Caribbean Cruises LTD)

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Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other Person.Person or any collateral. Avago Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Avago Technologies LTD)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien Encumbrance or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Credit Agreement (Teva Pharmaceutical Industries LTD)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, demand for performance, notice of acceptance, presentment, demand for protest, non-performance, notice of nonperformance, default, acceleration, early termination, protest or dishonor and dishonor, any other notice with respect to any of the Guaranteed Obligations and this Guaranty and 0, and, except as provided in Section 1.01(a), any requirement that the Trustee, on behalf of the Noteholders, Beneficiary protect, secure, perfect or insure any Lien or any property subject thereto Security or exhaust any right or take any action against the Issuer Guarantor or any other Personentity or any Security.

Appears in 1 contract

Samples: Guarantee (Telephone & Data Systems Inc /De/)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Beneficiary protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: First Lien Guaranty Agreement (Gastar Exploration USA, Inc.)

Waivers and Acknowledgments. (a) 6.1 The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations Liabilities and this Guaranty Guarantee and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Companhia Vale Do Rio Doce)

Waivers and Acknowledgments. To the extent permitted by applicable law: (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Guaranteed Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Company or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Subsidiary Guaranty (Western Union CO)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrowers or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Guaranty (Aegis Consumer Funding Group Inc)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Credit Agreement (Five Star Senior Living Inc.)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Note Obligations and this Guaranty Note Guarantee and any requirement that the Trustee, on behalf of the Noteholders, protect, any Note Guarantee Beneficiary secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Note Party or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Indenture (Hersha Hospitality Trust)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien lien or any property subject thereto or exhaust any right or take any action against the Issuer any Obligated Party or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Subsidiary Guaranty (Verity Corp.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property Property subject thereto or exhaust any right or take any action against the Issuer Borrowers or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Clean Energy Fuels Corp.

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Kansas City Southern)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the applicable Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Borrower or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Assignment and Assumption (Lululemon Athletica Inc.)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives waives, to the extent permitted by applicable Law, promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer or any other PersonAgreement.

Appears in 1 contract

Samples: Guaranty Agreement (Cenveo, Inc)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, protest, notice of acceptance, presentment, demand for performancenotice of demand, notice of nonperformance, default, accelerationnotice of assignment, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lenders protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other Personperson or any collateral.

Appears in 1 contract

Samples: Guaranty Agreement (Evergreen Sustainable Enterprises, Inc.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Guarantee and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Royal Caribbean Cruises LTD)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this the Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Obligor or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Municipal Mortgage & Equity LLC)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Bank protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Borrower or any other Personperson or entity or any collateral.

Appears in 1 contract

Samples: Revolving Credit Agreement (Omnicom Group Inc)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Company or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Guaranty Agreement (Unisource Energy Corp)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Ohio Edison Co

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty Guarantee and any requirement that the Trustee, on behalf of the Noteholders, a Lender protect, secure, perfect or insure any Lien in favor of any Lender, the Administrative Agent or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other Person.

Appears in 1 contract

Samples: Credit Agreement (AquaVenture Holdings LTD)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, presentment, protest, notice of acceptance, presentment, demand for performancenotice of demand, notice of nonperformance, default, accelerationnotice of assignment, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other Personperson or any collateral.

Appears in 1 contract

Samples: Guaranty Agreement (Generation Hemp, Inc.)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Beneficiary protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrowers, any other Guarantor or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Credit Agreement (FirstEnergy Solutions Corp.)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, protest, notice of nonperformancenon-performance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Agent or any other Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (Mens Wearhouse Inc)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, demand for performance, notice of acceptance, presentment, demand for protest, non-performance, notice of nonperformance, default, acceleration, early termination, protest or dishonor and dishonor, any other notice with respect to any of the Guaranteed Obligations and this Guaranty and 0, and, except as provided in Section 1.01(d), any requirement that the Trustee, on behalf of the Noteholders, Beneficiary protect, secure, perfect or insure any Lien or any property subject thereto Security or exhaust any right or take any action against the Issuer Guarantor or any other Personentity or any Security.

Appears in 1 contract

Samples: Telephone & Data Systems Inc /De/

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Secured Party protect, secure, perfect or insure any Lien lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Guaranty (BGLS Inc)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien lien or any property subject thereto or exhaust any right or take any action against the Issuer any Obligated Party or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Verity Farms (Verity Corp.)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower, any other guarantor or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Credit Agreement (Olin Corp)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Obligor or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Loan Agreement (Solo Cup CO)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Agent or any Lender protect, secure, perfect or insure any Lien lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Credit Agreement (Columbia Pipeline Group, Inc.)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Creditor protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Security Party or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Seacor Holdings Inc /New/)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Second Lien Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Dynegy Inc /Il/)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Credit Agreement (Trident Resources Corp)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, 122 notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the NoteholdersCollateral Agent, or any Holder protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Obligor or any other PersonPerson or any Collateral.

Appears in 1 contract

Samples: Security Agreement (Pioneer Companies Inc)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Agent or any Lender protect, secure, perfect or insure any Lien lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other Personperson or entity or any collateral.

Appears in 1 contract

Samples: Credit Agreement (Transcanada Corp)

Waivers and Acknowledgments. (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Administrative Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Parent Guaranty (Leap Wireless International Inc)

Waivers and Acknowledgments. (a) The To the extent permitted by law, Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Lender protect, secure, perfect or insure any Lien lien or any property subject thereto or exhaust any right or take any action against the Issuer Borrower or any other PersonPerson or any collateral.

Appears in 1 contract

Samples: Guaranty (Alliance Resource Partners Lp)

Waivers and Acknowledgments. (a) The Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the applicable Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer any Loan Party or any other Person.Person or any Collateral. 121

Appears in 1 contract

Samples: Credit Agreement (Eastman Kodak Co)

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