Common use of Waivers by Borrower Clause in Contracts

Waivers by Borrower. Except as otherwise provided for in this Agreement, Borrower waives (i) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension, or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender on which Borrower may in any way be liable and hereby ratifies and confirms whatever Lender may do in this regard, (ii) all rights to notice and a hearing prior to Lender’s taking possession or control of, or to Lender’s replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing Lender to exercise any of its remedies, and (iii) the benefit of all valuation, appraisal and exemption laws.

Appears in 3 contracts

Samples: Credit Agreement (Ml Macadamia Orchards L P), Credit Agreement (Ml Macadamia Orchards L P), Credit Agreement (Ml Macadamia Orchards L P)

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Waivers by Borrower. Except as otherwise provided for in this AgreementAgreement or by applicable law, Borrower waives waives: (ia) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender Agent on which Borrower any Credit Party may in any way be liable liable, and hereby ratifies and confirms whatever Lender Agent may do in this regard, (iib) all rights to notice and a hearing prior to Lender’s Agent's taking possession or control of, or to Lender’s Agent's replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing Lender Agent to exercise any of its remedies, and (iiic) the benefit of all valuation, appraisal appraisal, marshaling and exemption laws.

Appears in 2 contracts

Samples: Credit Agreement (Zomax Optical Media Inc), Credit Agreement (Zomax Optical Media Inc)

Waivers by Borrower. Except as otherwise provided for in this AgreementAgreement or by applicable law, Borrower waives waives: (i) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender Agent on which Borrower may in any way be liable liable, and hereby ratifies and confirms whatever Lender Agent may do in this regard, (ii) all rights to notice and a hearing prior to Lender’s Agent's taking possession or control of, or to Lender’s Agent's replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing Lender Agent to exercise any of its remedies, and (iii) the benefit of all valuation, appraisal and exemption laws. Borrower acknowledges that it has been advised by counsel of its choice with respect to this Agreement, the other Loan Documents and the transactions evidenced by this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Lasermaster Technologies Inc), Credit Agreement (Ladish Co Inc)

Waivers by Borrower. Except as otherwise provided for in this AgreementAgreement or by applicable law, Borrower waives waives: (ia) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender Agent on which Borrower may in any way be liable liable, and hereby ratifies and confirms whatever Lender Agent may do in this regard, (iib) all rights to notice and a hearing prior to Lender’s Agent's taking possession or control of, or to Lender’s Agent's replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing Lender Agent to exercise any of its remedies, and (iiic) the benefit of all valuation, appraisal appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Green Mountain Coffee Roasters Inc)

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Waivers by Borrower. Except as otherwise provided for in this AgreementAgreement or by applicable law, Borrower waives waives: (ia) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension, extension or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender Agent on which Borrower may in any way be liable liable, and hereby ratifies and confirms whatever Lender Agent may do in this regard, (iib) all rights to notice and a hearing prior to Lender’s Agent's taking possession or control of, or to Lender’s Agent's replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing Lender Agent to exercise any of its remedies, and (iiic) the benefit of all valuation, appraisal appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (American Coin Merchandising Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement, Borrower waives (i) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension, or renewal of any or all commercial paper, accounts, contract rights, documents, instruments, chattel paper and guaranties at any time held by Lender on which Borrower may in any way be liable and hereby ratifies and confirms whatever Lender may do in this regard, (ii) all rights to notice and a hearing prior to Lender’s 's taking possession or control of, or to Lender’s 's replevy, attachment or levy upon, the Collateral or any bond or security which might be required by any court prior to allowing Lender to exercise any of its remedies, and (iii) the benefit of all valuation, appraisal appraisal, and exemption laws.. 107

Appears in 1 contract

Samples: Credit Agreement (Ml Macadamia Orchards L P)

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