Common use of Waivers and Acknowledgments Clause in Contracts

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Documents and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 5 contracts

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

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Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice (other than any notices required by the Loan Documents) with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property or Lender Party exhaust any right or take any action against the Borrower or any other Person or any collateralPerson. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries the other Loan Parties contemplated by the Loan Documents Documents, and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 5 contracts

Samples: Guaranty Agreement, Guaranty Agreement (EnLink Midstream Partners, LP), Guaranty Agreement (EnLink Midstream, LLC)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Documents and the Hedge Contracts with a Swap Counterparty and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 4 contracts

Samples: Credit Agreement (Cano Petroleum, Inc), Credit Agreement (Cano Petroleum, Inc), Guaranty Agreement (Cano Petroleum, Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Credit Documents and the Interest Rate Contracts with the Swap Counterparties and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 3 contracts

Samples: Credit Agreement (Holly Energy Partners Lp), Guaranty Agreement (Holly Energy Partners Lp), Guaranty Agreement (Holly Energy Partners Lp)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the Borrower or any other Person or any collateralCollateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Credit Documents and the Lender Hedging Agreements with the Swap Counterparties and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 2 contracts

Samples: Credit Agreement (Holly Energy Partners Lp), Credit Agreement (Holly Energy Partners Lp)

Waivers and Acknowledgments. (a) Each Guarantor hereby --------------------------- waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Agents or any Beneficiary other Lender protect, secure, perfect or insure any Lien or any Property property subject thereto or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Documents and that the waivers set forth in this Guaranty Section 3 are knowingly made in contemplation of such benefits.

Appears in 2 contracts

Samples: Guaranty (Amvescap PLC/London/), Guaranty (Amvescap PLC/London/)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary Credit Party protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the any Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrowers or any Subsidiary of a Borrower and its Subsidiaries contemplated by the Loan Documents and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 2 contracts

Samples: Credit Agreement (Mariner Energy Resources, Inc.), Credit Agreement (Mariner Energy Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries or any Subsidiary of the Borrower contemplated by the Loan Credit Documents and the Hedging Arrangements and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 2 contracts

Samples: Credit Agreement (Flotek Industries Inc/Cn/), Guaranty Agreement (Flotek Industries Inc/Cn/)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that Agent or any Beneficiary Lender protect, secure, perfect or insure any Lien lien or any Property property subject thereto or exhaust any right or take any action against the Borrower or any other Person person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Documents Credit Agreement and that the waivers set forth in this Guaranty Section 3 are knowingly made in contemplation of such benefits.

Appears in 2 contracts

Samples: Guaranty (Sonic Automotive Inc), Guaranty (Sonic Automotive Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries or any Subsidiary of the Borrower contemplated by the Loan Guaranteed Documents (including any Hedge Contracts) and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 2 contracts

Samples: Credit Agreement (Callon Petroleum Co), Guaranty Agreement (Callon Petroleum Co)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Guaranteed Documents and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 1 contract

Samples: Credit Agreement (Isramco Inc)

Waivers and Acknowledgments. (a) Each The Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary the Lender protect, secure, perfect or insure any Lien lien or any Property property subject thereto or exhaust any right or take any action against the Borrower Borrowers or any other Person or any collateralCollateral. (b) Each The Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each The Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Documents Agreement and that the waivers set forth in this Guaranty Section 3 are knowingly made in contemplation of such benefits.

Appears in 1 contract

Samples: Guaranty (Aegis Consumer Funding Group Inc)

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Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary Secured Party protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the Borrower or any other Person or any collateralCollateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries or any Guarantor contemplated by the Loan Documents and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefitsCredit Documents.

Appears in 1 contract

Samples: Credit Agreement (Carbo Ceramics Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries or any Subsidiary of the Borrower contemplated by the Loan Guaranteed Documents (including any Hedge Contracts or any Treasury Management Obligations) and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 1 contract

Samples: Guaranty Agreement (Callon Petroleum Co)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries or any Subsidiary of the Borrower contemplated by the Loan Credit Documents and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 1 contract

Samples: Guaranty Agreement (Flotek Industries Inc/Cn/)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Agents or any Beneficiary other Lender protect, secure, perfect or insure any Lien or any Property property subject thereto or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Documents and that the waivers set forth in this Guaranty Section 3 are knowingly made in contemplation of such benefits.

Appears in 1 contract

Samples: Guaranty (Amvescap PLC/London/)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the Borrower or any other Person or any collateralPerson. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Credit Documents and the Lender Hedging Agreements with the Swap Counterparties and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 1 contract

Samples: Parent Guaranty Agreement (HF Sinclair Corp)

Waivers and Acknowledgments. (a) Each The Guarantor hereby waives --------------------------- promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary Purchaser protect, secure, perfect or insure any Lien or any Property property subject thereto or exhaust any right or take any action against the Borrower Company or any other Person or any collateralPerson. (b) Each The Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each The Guarantor acknowledges that it will receive substantial direct and indirect benefits from the Reorganization and the financing arrangements involving provided to the Borrower and its Subsidiaries contemplated by Company under the Loan Documents Note Purchase Agreement and that the waivers set forth in this Guaranty Section 3 are knowingly made in contemplation of such benefits.

Appears in 1 contract

Samples: Guaranty (Northpoint Communications Holdings Inc)

Waivers and Acknowledgments. (a) Each Guarantor hereby waives promptness, diligence, presentment, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Beneficiary Secured Party protect, secure, perfect or insure any Lien or any Property property or exhaust any right or take any action against the Borrower or any other Person or any collateral. (b) Each Guarantor hereby irrevocably waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. (c) Each Guarantor acknowledges that it will receive substantial direct and indirect benefits from the financing arrangements involving the Borrower and its Subsidiaries contemplated by the Loan Credit Documents provided to the Borrower or any of its Subsidiaries, and that the waivers set forth in this Guaranty are knowingly made in contemplation of such benefits.

Appears in 1 contract

Samples: Credit Agreement (Range Resources Corp)

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