Common use of Waivers by Credit Parties Clause in Contracts

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s taking possession or control of, or to Agent’s replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 25 contracts

Samples: Revolving Credit Agreement, Credit Agreement (Otelco Inc.), Credit Agreement (Insteel Industries Inc)

AutoNDA by SimpleDocs

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 14 contracts

Samples: Term Loan Agreement (Northland Cable Properties Seven Limited Partnership), Credit Agreement (Ames Department Stores Inc), Credit Agreement (Black Warrior Wireline Corp)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 10 contracts

Samples: Credit Agreement (Reading International Inc), Credit Agreement (Otelco Inc.), Credit Agreement (Reading International Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’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 Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 8 contracts

Samples: Credit Agreement (Gibson Greetings Inc), Credit Agreement (Filenes Basement Corp), Credit Agreement (Code Alarm Inc)

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

Appears in 5 contracts

Samples: Term Loan Credit Agreement (Rand Logistics, Inc.), Term Loan Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’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 Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 5 contracts

Samples: Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc), Credit Agreement (United Shipping & Technology Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’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 Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 5 contracts

Samples: Credit Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc)

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

Appears in 3 contracts

Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Acquisition CORP), Credit Agreement (Rand Logistics, Inc.)

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

Appears in 3 contracts

Samples: Credit Agreement (Icon Health & Fitness Inc), Credit Agreement (Icon Health & Fitness Inc), Credit Agreement (Measurement Specialties Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, ; (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, ; and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 2 contracts

Samples: Credit Agreement (Styling Technology Corp), Credit Agreement (Western Digital Corp)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, ; (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, ; and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 2 contracts

Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s taking possession or control of, or to Agent’s replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.. ASSIGNMENT AND PARTICIPATIONS; APPOINTMENT OF AGENT

Appears in 1 contract

Samples: Credit Agreement (BRPP LLC)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party waives: (a) presentment, demand and protest and notice of presentment, dishonor, notice of intent to accelerate, notice of acceleration, protest, default, nonpaymentnon-payment, maturity, release, compromise, settlement, extension or renewal of any or all commercial paper, accounts, contract rights, documentsdocuments of title, instruments, chattel paper and guaranties guarantees at any time held by Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s taking possession or control of, or to Agent’s replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling marshalling and exemption laws. All payments to be made by each Credit Party shall be made without set-off or counterclaim and without deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Clean Harbors Inc)

Waivers by Credit Parties. Except as otherwise provided for in ------------------------- this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’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 Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, ; (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’s 's replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent to exercise any of its remedies, ; and (c) the benefit of all valuation, appraisal, marshaling marshalling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Uti Worldwide Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, Holdings and each Credit Party waives: waive: (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 Agent on which any Credit Party such Person may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’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 Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Mim Corp)

AutoNDA by SimpleDocs

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

Appears in 1 contract

Samples: Credit Agreement (Rand Logistics, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent Lender on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent Lender may do in this regard, (b) all rights to notice and a hearing prior to AgentLender’s taking possession or control of, or to AgentLender’s replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent Lender to exercise any of its remedies, remedies and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 1 contract

Samples: Bridge Loan Agreement (Imperial Industries Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Castle Dental Centers Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Consolidated Freightways Corp)

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

Appears in 1 contract

Samples: Credit Agreement (American Lawyer Media Holdings Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent Lender on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent Lender may do in this regard, (b) all rights to notice and a hearing prior to AgentLender’s taking possession or control of, or to AgentLender’s replevy, attachment or levy upon, the Collateral or any bond or security that might be required by any court prior to allowing Agent Lender to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Newtek Business Services Inc)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’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 Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling marshalling and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Renaissance Cosmetics Inc /De/)

Waivers by Credit Parties. Except as otherwise provided for in this Agreement or by applicable law, each Credit Party 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 Agent Creditor on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent Creditor may do in this regard, (b) all rights to notice and a hearing prior to Agent’s Creditor's taking possession or control of, or to Agent’s Creditor's replevy, attachment or levy upon, the Collateral or any bond or security that which might be required by any court prior to allowing Agent Creditor to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 1 contract

Samples: Letter of Credit Agreement (Labor Ready Inc)

Waivers by Credit Parties. Except as otherwise provided for in ------------------------- this Agreement or by applicable law, each Credit Party waives: 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 Agent on which any Credit Party may in any way be liable, and hereby ratifies and confirms whatever Agent may do in this regard, (b) all rights to notice and a hearing prior to Agent’s 's taking possession or control of, or to Agent’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 Agent to exercise any of its remedies, and (c) the benefit of all valuation, appraisal, marshaling appraisal and exemption laws.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!