Common use of Waivers by Borrower Clause in Contracts

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable law, Borrower waives: (a) 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, (b) all rights to notice and a hearing prior to Lender’s taking possession or control of, or to Lender’s attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal and exemption laws.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Xerox Corp)

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Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable law, Borrower waives: (a) 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, (b) 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 that which might be required by any court prior to allowing Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal and exemption laws.

Appears in 2 contracts

Samples: Credit Agreement (Great American Group, Inc.), Credit Agreement (Great American Group, Inc.)

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable law, Borrower waives: (a) presentment, demand and protest and notice of presentment, dishonordishonour, 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 guarantees at any time held by Agent or Lender on which Borrower may in any way be liable, and hereby ratifies and confirms whatever Agent or Lender may do in this regard, (b) all rights to notice and a hearing prior to LenderAgent’s taking possession or control of, or to LenderAgent’s replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing Lender Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal appraisal, marshalling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Solo Cup CO)

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable law------------------- Agreement, Borrower waives: waives (ai) 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 any Lender on which Borrower may in any way be liable, liable and hereby ratifies and confirms whatever any Lender may do in this regard, (bii) all rights to notice and a hearing prior to any Lender’s 's taking possession or control of, or to any Lender’s 's replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing such Lender to exercise any of its remedies, and (ciii) the benefit of all valuation, appraisal appraisal, and exemption laws.. 115

Appears in 1 contract

Samples: Credit Agreement (Beringer Wine Estates Holdings Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable law, Borrower waives: : (a) presentment, demand and protest and notice of presentment, dishonordishonour, 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 guarantees 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, (b) 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 that which might be required by any court prior to allowing Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal appraisal, marshalling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Sweetheart Holdings Inc \De\)

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable law, Borrower waives: (a) 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, (b) 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 that might be required by any court prior to allowing Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Loan and Security Agreement (Echo Global Logistics, Inc.)

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable law, Borrower waives: (a) 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 Agent on which Borrower may in any way be liable, and hereby ratifies and confirms whatever Lender Agent may do in this regard, (b) 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 that might be required by any court prior to allowing Lender Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal appraisal, marshaling and exemption laws.. ASSIGNMENT AND PARTICIPATIONS; APPOINTMENT OF AGENT

Appears in 1 contract

Samples: Credit Agreement (Gottschalks Inc)

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable lawLaw, Borrower waives: (a) 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, (b) 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 that which might be required by any court prior to allowing Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Great American Group, Inc.)

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable lawApplicable Law, Borrower waives: (a) 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, instrumentsInstruments, 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, (b) 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 that might be required by any court prior to allowing Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Credit and Security Agreement (Apex Silver Mines LTD)

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Waivers by Borrower. Except as otherwise provided for in this Agreement or by and applicable law, Borrower waives: waives (ai) 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, liable and hereby ratifies and confirms whatever any Lender may do in this regard, (bii) 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 that which might be required by any court prior to allowing any Lender to exercise any of its remedies, and (ciii) 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 1 contract

Samples: Loan Agreement (Dental Patient Care America Inc)

Waivers by Borrower. Except as otherwise provided ------------------- for in this Agreement or by and applicable law, Borrower waives: waives (ai) 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, liable and hereby ratifies and confirms whatever Lender may do in this regard, (bii) 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 that which might be required by any court prior to allowing Lender to exercise any of its remedies, and (ciii) 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 1 contract

Samples: Loan Agreement (Securicor International LTD)

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable law, Borrower waives: : (a) 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, (b) all rights to notice and a hearing prior to Lender’s 's taking possession or control of, or to Lender’s 's attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal and exemption laws.

Appears in 1 contract

Samples: Loan Agreement (Xerox Corp)

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable lawLaw, each Borrower waives: (a) 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 such Borrower may in any way be liable, and hereby ratifies and confirms whatever Lender may do in this regard, (b) 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 that which might be required by any court prior to allowing Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Great American Group, Inc.)

Waivers by Borrower. Except as otherwise provided for in this Agreement or by applicable law------------------- Agreement, Borrower waives: (ai) 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 any Lender on which Borrower may in any way be liable, liable and hereby ratifies and confirms whatever any Lender may do in this regard, (bii) all rights to notice and a hearing prior to any Lender’s 's taking possession or control of, or to any Lender’s 's replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing such Lender to exercise any of its remedies, and (ciii) the benefit of all valuation, appraisal appraisal, and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Beringer Wine Estates Holdings Inc)

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