Common use of Waivers by Grantor Clause in Contracts

Waivers by Grantor. The Grantor hereby waives, to the extent the same may be waived under applicable law: (i) notice of acceptance of this Agreement; (ii) all claims and rights of the Grantor against Secured Party on account of actions taken or not taken by Secured Party in the exercise of Secured Party’s rights or remedies hereunder, under the Purchase Agreement, and other Transaction Documents or under applicable law; (iii) all claims of the Grantor for failure of Secured Party to comply with any requirement of applicable law relating to enforcement of Secured Party’s rights or remedies hereunder, under the Purchase Agreement, under any other Transaction Documents or under applicable law; (iv) all rights of redemption of the Grantor with respect to the Collateral; (v) in the event Secured Party seeks to repossess any or all of the Collateral by judicial proceedings, any bond(s) or demand(s) for possession which otherwise may be necessary or required; (vi) presentment, demand for payment, protest and notice of non-payment and all exemptions applicable to any of the Collateral or the Grantor; (vii) any and all other notices or demands which by applicable law must be given to or made upon the Grantor by Secured Party; (viii) settlement, compromise or release of the obligations of any Person primarily or secondarily liable upon any of the Obligations; (ix) all rights of the Grantor to demand that Secured Party release account debtors or other Persons liable on any of the Collateral from further obligation to Secured Party; and (x) substitution, impairment, exchange or release of any Collateral for any of the Obligations. The Grantor agrees that Secured Party may exercise any or all of its rights and/or remedies hereunder, under the Purchase Agreement, the other Transaction Documents and under applicable law without resorting to and without regard to any Collateral or sources of liability with respect to any of the Obligations. Upon termination of this Agreement and Secured Party’s security interest hereunder and payment of all Obligations, within ten (10) Business Days following the Grantor’s request to Secured Party, Secured Party shall release control of any security interest in the Collateral perfected by control and Secured Party shall send Grantor a statement terminating any financing statement filed against the Collateral.

Waivers by Grantor. The Grantor hereby waives, to To the fullest extent the same may be waived permitted under applicable law: , Grantor shall not assert, and hereby irrevocably waives, any right or defense Grantor may have under any statute or rule of law or equity now or hereafter in effect relating to (ia) homestead exemption, extension, moratorium, stay, redemption, marshaling of the Mortgaged Property or the other assets of Grantor, sale of the Mortgaged Property in any order or notice of acceptance deficiency or intention to accelerate any Secured Obligation, (b) impairment of this Agreement; any right of subrogation or reimbursement, (iic) all claims and rights any requirement that at any time any action must be taken against any other party, any portion of the Mortgaged Property or any other asset of Grantor or any other party, (d) any provision barring or limiting the right of Grantee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against Secured Party on account Grantor or any other party, (e) any provision barring or limiting the recovery by Grantee of actions taken or not taken by Secured Party in the exercise of Secured Party’s rights or remedies hereunder, under the Purchase Agreement, and other Transaction Documents or under applicable law; (iii) all claims a deficiency after any sale of the Grantor for failure of Secured Party to comply with Mortgaged Property, (f) any requirement other provision of applicable law relating to enforcement which shall defeat, limit or adversely affect any right or remedy of Secured Party’s rights Grantee or remedies hereunder, any secured party under the Purchase Agreement, under any other Transaction Documents or under applicable law; (iv) all rights of redemption of the Grantor with respect to this Instrument or any other Relevant Documents as it relates to any Mortgaged Property, (g) the Collateral; (v) right of Grantee to foreclose this Instrument in the event Secured Party seeks to repossess any or its own name on behalf of all of the Collateral secured parties by judicial proceedingsaction as the real party in interest without the necessity of joining any secured party, any bond(sor (h) or demand(s) for possession which otherwise may be necessary or required; (vi) presentmentthe Guarantees, demand for paymentincluding, protest and without limitation, notice of existence, creation or incurring of any new or additional indebtedness or obligation or of any action or non-payment and all exemptions applicable to action on the part of Grantor or the Issuer, Grantee or any Secured Creditor or on the part of any person whomsoever under the Intercreditor Agreement, this Instrument or any of the Collateral other Relevant Documents in connection with any obligation or evidence of indebtedness held by Grantee, as Security Trustee for the Grantor; (vii) any and all other notices Secured Creditors or demands which held by applicable law must be given to or made upon the Grantor by Secured Party; (viii) settlement, compromise or release of the obligations of any Person primarily or secondarily liable upon any of the Obligations; (ix) all rights Secured Creditors. Appraisement of the Grantor Real Property is hereby expressly waived, at the option of Grantee, which such option shall be executed prior to demand that Secured Party release account debtors or other Persons liable on the time any of the Collateral from further obligation to Secured Party; and (x) substitution, impairment, exchange or release of any Collateral for any of the Obligations. The Grantor agrees that Secured Party may exercise any or all of its rights and/or remedies hereunder, under the Purchase Agreement, the other Transaction Documents and under applicable law without resorting to and without regard to any Collateral or sources of liability with respect to any of the Obligations. Upon termination of this Agreement and Secured Party’s security interest hereunder and payment of all Obligations, within ten (10) Business Days following the Grantor’s request to Secured Party, Secured Party shall release control of any security interest in the Collateral perfected by control and Secured Party shall send Grantor a statement terminating any financing statement filed against the Collateraljudgment is tendered at foreclosure.

Waivers by Grantor. The Grantor hereby waives, to the extent the same may be waived under applicable law: (i) notice of acceptance of this Agreement; (ii) all claims and rights of the Grantor against Secured Party on account of actions taken or not taken by Secured Party in the exercise of Secured Party’s rights or remedies hereunder, under the Purchase Agreement, and other Transaction Documents or under applicable law; (iii) all claims of the Grantor for failure of Secured Party to comply with any requirement of applicable law relating to enforcement of Secured Party’s rights or remedies hereunder, under the Purchase Agreement, under any other Transaction Documents or under applicable law; (iv) all rights of redemption of the Grantor with respect to the Collateral; (v) in the event Secured Party seeks to repossess any or all of the Collateral by judicial proceedings, any bond(s) or demand(s) for possession which otherwise may be necessary or required; (vi) presentment, demand for payment, protest and notice of non-payment and all exemptions applicable to any of the Collateral or the Grantor; (vii) any and all other notices or demands which by applicable law must be given to or made upon the Grantor by Secured Party; (viii) settlement, compromise or release of the obligations of any Person primarily or secondarily liable upon any of the Obligations; (ix) all rights of the Grantor to demand that Secured Party release account debtors or other Persons liable on any of the Collateral from further obligation to Secured Party; and (x) substitution, impairment, exchange or release of any Collateral for any of the Obligations. The Grantor agrees that Secured Party may exercise any or all of its rights and/or remedies hereunder, under the Purchase Agreement, the other Transaction Documents and under applicable law without resorting to and without regard to any Collateral or sources of liability with respect to any of the Obligations. Upon termination of this Agreement and Secured Party’s security interest hereunder and payment of all Obligations, within ten five (105) Business Days following the Grantor’s request to Secured Party, Secured Party shall release control of any security interest in the Collateral perfected by control and Secured Party shall send Grantor a statement terminating any financing statement filed against the Collateral.