Waivers by Debtor. Debtor agrees not to assert against Secured Party as a defense (legal or equitable), as a set-off, as a counterclaim, or otherwise, any claims Debtor may have against any seller or lessor that provided personal property or services relating to any part of the Collateral or against any other party liable to Secured Party for all or any part of the Obligations. Debtor waives all exemptions and homestead rights with regard to the Collateral. Debtor waives any and all rights to any bond or security which might be required by applicable law prior to the exercise of any of Secured Party’s remedies against any Collateral. All rights of Secured Party and security interests hereunder, and all obligations of Debtor hereunder, shall be absolute and unconditional, not discharged or impaired irrespective of (and regardless of whether Debtor receives any notice of): (i) any lack of validity or enforceability of any Loan Document; (ii) any change in the time, manner or place of payment or performance, or in any term, of all or any of the Obligations or the Loan Documents or any other amendment or waiver of or any consent to any departure from any Loan Document; or (iii) any exchange, insufficiency, unenforceability, enforcement, release, impairment or non-perfection of any Collateral, or any release of or modifications to or insufficiency, unenforceability or enforcement of the obligations of any guarantor or other obligor. To the extent permitted by law, Debtor hereby waives any rights under any valuation, stay, appraisement, extension or redemption laws now existing or which may hereafter exist and which, but for this provision, might be applicable to any sale or disposition of the Collateral by Secured Party; and any other circumstance which might otherwise constitute a defense available to, or a discharge of any party with respect to the Obligations. To the extent it may lawfully do so, Debtor waives the benefit of all laws relating to the marshalling of collateral.
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Samples: Security Agreement (Jerrick Media Holdings, Inc.), Loan Agreement (Jerrick Media Holdings, Inc.)
Waivers by Debtor. Debtor agrees not to assert against the Secured Party Parties as a defense (legal or equitable), as a set-off, as a counterclaim, or otherwise, any claims Debtor may have against any seller or lessor that provided personal property or services relating to any part of the Collateral or against any other party liable to Secured Party Parties for all or any part of the Obligations. Debtor waives all exemptions and homestead rights with regard to the Collateral. Debtor waives any and all rights to any bond or security which might be required by applicable law prior to the exercise of any of the Secured Party’s Parties’ remedies against any Collateral. All rights of the Secured Party Parties and security interests hereunder, and all obligations of Debtor hereunder, shall be absolute and unconditional, not discharged or impaired irrespective of (and regardless of whether Debtor receives any notice of): (i) any lack of validity or enforceability of any Loan Document; (ii) any change in the time, manner or place of payment or performance, or in any term, of all or any of the Obligations or the Loan Documents or any other amendment or waiver of or any consent to any departure from any Loan Document; or (iii) any exchange, insufficiency, unenforceability, enforcement, release, impairment or non-perfection of any Collateral, or any release of or modifications to or insufficiency, unenforceability or enforcement of the obligations of any guarantor or other obligor. To the extent permitted by law, Debtor hereby waives any rights under any valuation, stay, appraisement, extension or redemption laws now existing or which may hereafter exist and which, but for this provision, might be applicable to any sale or disposition of the Collateral by the Secured PartyParties; and any other circumstance which might otherwise constitute a defense available to, or a discharge of any party with respect to the Obligations. To the extent it may lawfully do so, Debtor waives the benefit of all laws relating to the marshalling of collateral.
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Waivers by Debtor. Debtor agrees hereby waives, to the extent the same may be waived under applicable law: (a) notice of acceptance of this Agreement; (b) all claims, causes of action and rights of Debtor against Creditor on account of actions taken or not taken by Creditor in the exercise of Creditor’s rights or remedies hereunder, under the Loan Documents or under applicable law; (c) all claims of Debtor for failure of Creditor to assert against Secured Party as a defense (legal or equitable), as a set-off, as a counterclaim, or otherwise, comply with any claims Debtor may have against any seller or lessor that provided personal property or services requirement of applicable law relating to enforcement of Creditor’s rights or remedies hereunder, under the Loan Documents or under applicable law; (d) all rights of redemption of Debtor with respect to the Collateral; (e) in the event Creditor seeks to repossess any part or all of the Collateral by judicial proceedings, any bond(s) or against demand(s) for possession which otherwise may be necessary or required; (f) presentment, demand for payment, protest and notice of non-payment and all exemptions; (g) any and all other party notices or demands which by applicable law must be given to or made upon Debtor by Creditor; (h) settlement, compromise or release of the obligations of any person primarily or secondarily liable upon any of the Obligations; (i) all rights of Debtor to Secured Party demand that Creditor release account debtors from further obligation to Creditor; and (ii) substitution, impairment, exchange or release of any Collateral for all or any part of the Obligations. Debtor waives agrees that Creditor may exercise any or all exemptions of its rights and/or remedies hereunder, under the Loan Documents and homestead rights with under applicable law without resorting to and without regard to the Collateral. Debtor waives any and all rights Collateral or sources of liability with respect to any bond or security which might be required by applicable law prior to the exercise of any of Secured Party’s remedies against any Collateral. All rights of Secured Party and security interests hereunder, and all obligations of Debtor hereunder, shall be absolute and unconditional, not discharged or impaired irrespective of (and regardless of whether Debtor receives any notice of): (i) any lack of validity or enforceability of any Loan Document; (ii) any change in the time, manner or place of payment or performance, or in any term, of all or any of the Obligations or the Loan Documents or any other amendment or waiver Obligations. Upon termination of or any consent this Agreement and Creditor’s security interest hereunder and payment of all Obligations, within 60 days following Debtor’s request to any departure from any Loan Document; or (iii) any exchangeCreditor, insufficiency, unenforceability, enforcement, release, impairment or non-perfection Creditor shall release control of any Collateral, or any release of or modifications to or insufficiency, unenforceability or enforcement of the obligations of any guarantor or other obligor. To the extent permitted by law, Debtor hereby waives any rights under any valuation, stay, appraisement, extension or redemption laws now existing or which may hereafter exist and which, but for this provision, might be applicable to any sale or disposition of security interest in the Collateral perfected by Secured Party; control and Creditor shall send Debtor a statement terminating any other circumstance which might otherwise constitute a defense available to, or a discharge of any party with respect to financing statement filed against the Obligations. To the extent it may lawfully do so, Debtor waives the benefit of all laws relating to the marshalling of collateralCollateral.
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Waivers by Debtor. Debtor agrees waives notice of Secured Party’s acceptance hereof and notice of the creation, existence and payment or nonpayment of the Obligations. None of the following acts or things (that Secured Party is authorized to do or not to do with or without notice to Debtor) shall in any way affect or impair the Security Interest or Debtor’s liabilities and obligations hereunder: (a) any extension or renewal (whether or not for longer than the original period) of any or all of the Obligations; (b) any change in the terms of payment or other terms of any or all of the Obligations or any collateral therefor, or any substitution or exchange of any evidence of any or all of the Obligations or collateral therefor, or any release of any collateral for any or all of the Obligations; (c) any waiver or forbearance granted to Borrower or any other person liable with respect to any or all of the Obligations or any release of, compromise with, or failure to assert rights against Borrower or any such other person; (d) the procurement or failure to procure any other collateral for or guarantors or sureties of any or all of the Obligations; (e) the transfer to any person, at any time, of any interest in any of the Obligations or any collateral therefor; (f) any arrangement, composition, extension, moratoria or other relief granted to Borrower pursuant to any statute now in force or hereafter enacted; (g) any interruption in business relations between Secured Party as a defense and Borrower; (legal h) the failure or equitable), as a set-off, as a counterclaimneglect to protect or preserve any obligation or any collateral therefor, or otherwise, to exercise any claims Debtor right that may have against any seller or lessor that provided personal property or services relating to any part of the Collateral or against any other party liable be available to Secured Party for all by law or agreement prior to or after an Event of Default or a default under any other agreement, or any part delay in doing any of the foregoing; (i) the failure or neglect to ascertain or assure that the proceeds of any loan to Borrower are used in any particular manner; and (j) the application or failure to apply in any particular manner any payments or credits upon the Obligations. Debtor waives all exemptions and homestead rights with regard any right Debtor may have to the Collateral. Debtor waives any and all rights to any bond or security which might be required by applicable law prior to the exercise of any of Secured Party’s remedies against any Collateral. All rights of Secured Party and security interests hereunder, and all obligations of Debtor hereunder, shall be absolute and unconditional, not discharged or impaired irrespective of (and regardless of whether Debtor receives any notice of): (i) any lack of validity or enforceability of any Loan Document; (ii) any change in the time, manner or place of payment or performance, or in any term, of all or any of the Obligations or the Loan Documents or any other amendment or waiver of or any consent to any departure from any Loan Document; or (iii) any exchange, insufficiency, unenforceability, enforcement, release, impairment or non-perfection of any Collateral, or any release of or modifications to or insufficiency, unenforceability or enforcement of the obligations of any guarantor or other obligor. To the extent permitted by law, Debtor hereby waives any rights under any valuation, stay, appraisement, extension or redemption laws now existing or which may hereafter exist and which, but for this provision, might be applicable to any sale or disposition of the Collateral by Secured Party; and any other circumstance which might otherwise constitute a defense available to, or a discharge of any party with respect to the Obligations. To the extent it may lawfully do so, Debtor waives the benefit of all laws relating to the marshalling of collateralnow or hereafter under Uniform Commercial Code § 3-605.
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Samples: Security Agreement (Medamicus Inc)
Waivers by Debtor. Debtor agrees not to assert against Secured Party as a defense (legal or equitable), as a set-off, as a counterclaim, or otherwise, any claims Debtor may have against any seller or lessor that provided personal property or services relating to any part of the Collateral or against any other party liable to Secured Party for all or any part of the Obligations. Debtor waives all exemptions and homestead rights with regard to the Collateral. Debtor waives any and all rights to any bond or security which might be required by applicable law prior to the exercise of any of Secured Party’s remedies against any Collateral. All rights of Secured Party and security interests hereunder, and all obligations of Debtor hereunder, shall be absolute and unconditional, not discharged or impaired irrespective of (and regardless of whether Debtor receives any notice of): (i) any lack of validity or enforceability of any Loan Document; (ii) any change in the time, manner or place of payment or performance, or in any term, of all or any of the Obligations or the Loan Documents or any other amendment or waiver of or any consent to any departure from any Loan Document; or (iii) any exchange, insufficiency, unenforceability, enforcement, release, impairment or non-perfection of any Collateral, or any release of or modifications to or insufficiency, unenforceability or enforcement of the obligations of any guarantor or other obligor. To the extent permitted by law, Debtor hereby waives and agrees not to take advantage of:
(a) Any right to require Secured Party to proceed against any rights other person or to proceed against or exhaust any security held by Secured Party at any time or to pursue any other remedy in Secured Party’s power or under any valuationother agreement before proceeding against Debtor or the Collateral hereunder;
(b) Any defense that may arise by reason of (i) the incapacity, staylack of authority, appraisementdeath or disability of any other person or persons or the failure of Secured Party to file or enforce a claim against the estate (in administration, extension bankruptcy or redemption laws now existing any other proceeding) of any other person or persons (ii) any manner in which may hereafter exist Secured Party has exercised its rights and whichremedies under the Loan Documents, but for this provision, might be applicable to or (iii) any sale or disposition cessation from any cause whatsoever of the Collateral liability of Debtor, or any other person or persons;
(c) Demand (but not in derogation of the specific notice of default and cure periods provided for herein), presentment for payment, notice of nonpayment, protest, notice of protest and, except as provided in the Loan Documents or as required by applicable law, all other notices of any kind, or the lack of any thereof, including, without limiting the generality of the foregoing, notice of the existence, creation or incurring of any new or additional indebtedness or obligation or of any action or nonaction on the part of Debtor, Secured Party, any endorser or creditor of Debtor or on the part of any other person whomsoever under this or any other instrument in connection with any obligation or evidence of indebtedness held by Secured Party; and ;
(d) Any defense based upon an election of remedies by Secured Party, including an election to proceed by nonjudicial or judicial foreclosure of any other circumstance which might otherwise constitute a defense available tosecurity, whether real property or personal property security, or a discharge by transfer in lieu thereof, or any election of any party with respect to the Obligations. To the extent it may lawfully do soremedies, Debtor waives the benefit of all laws including remedies relating to real property or personal property security, which destroys or otherwise impairs the subrogation rights of Debtor;
(e) Any right or claim of right to cause a marshalling of collateral.the assets of Debtor; (f) Any principle or provision of law, statutory or otherwise, which is or might be in conflict with the terms and provisions of this Agreement;
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