Common use of Waivers by Credit Parties Clause in Contracts

Waivers by Credit Parties. Each Credit Party expressly waives all rights it may have now or in the future under any statute, or at common law, or at law or in equity, or otherwise, to compel Agent or Lenders to marshal assets or to proceed in respect of the Obligations guaranteed hereunder against any other Credit Party, any other party or against any security for the payment and performance of the Obligations before proceeding against, or as a condition to proceeding against, such Credit Party. It is agreed among each Credit Party, Agent and Lenders that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Loan Documents and that, but for the provisions of this Section 12 and such waivers, Agent and Lenders would decline to enter into this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Thermadyne Holdings Corp /De), Credit Agreement (Thermadyne Holdings Corp /De), Credit Agreement (Thermadyne Holdings Corp /De)

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Waivers by Credit Parties. Each Credit Party expressly waives all rights it may have now or in the future under any statute, or at common law, or at law or in equity, or otherwise, to compel Agent or Lenders the Purchaser to marshal assets or to proceed in respect of the Obligations Indebtedness or obligations guaranteed hereunder against any other Credit Party, Party or any other party or against any security for the payment and performance of the Obligations before proceeding againstparty, or as a condition to proceeding against, such Credit Party. It is agreed among each Credit Party, Agent Party and Lenders each Purchaser that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Loan Transaction Documents and that, but for the provisions of this Section 12 8 and such waivers, Agent and Lenders each Purchaser would decline to enter into this Agreement.

Appears in 1 contract

Samples: Senior Note Purchase Agreement (As Seen on TV, Inc.)

Waivers by Credit Parties. Each Credit Party expressly waives all rights it may have now or in the future under any statute, or at common law, or at law or in equity, or otherwise, to compel Agent or Lenders to marshal xxxxxxxx assets or to proceed in respect of the Obligations guaranteed hereunder against any other Credit Party, any other party or against any security for the payment and performance of the Obligations before proceeding against, or as a condition to proceeding against, such Credit Party. It is agreed among each Credit Party, Agent and Lenders that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Loan Documents and that, but for the provisions of this Section SECTION 12 and such waivers, Agent and Lenders would decline to enter into this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Recycling Industries Inc)

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Waivers by Credit Parties. Each Credit Party expressly waives all rights it may have now or in the future under any statute, or at common law, or at law or in equity, or otherwise, to compel Agent or Lenders Lender to marshal assets or to proceed in respect of the Obligations obligations guaranteed hereunder against any other Credit Party, any other party or against any security for the payment and performance of the Obligations obligations under the Transaction Documents before proceeding against, or as a condition to proceeding against, such Credit Party. It is agreed among each Credit Party, Agent and Lenders Party that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Loan Transaction Documents and that, but for the provisions of this Section 12 Article 7 and such waivers, Agent and Lenders Lender would decline to enter into this Agreement.

Appears in 1 contract

Samples: Financing Agreement (Elevate Credit, Inc.)

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