Common use of Waivers by Guarantor Clause in Contracts

Waivers by Guarantor. The GUARANTOR waives: (a) any and all notices whatsoever with respect to this GUARANTY or with respect to any of the obligations of the BORROWER to the LENDER, including, but not limited to, notice of (i) the LENDER'S acceptance hereof or the LENDER'S intention to act, or the LENDER'S action, in reliance hereon, (ii) the present existence or future incurring of any of the obligations of the BORROWER to the LENDER or any terms or amounts thereof or any change therein, (iii) any default by the BORROWER or any surety, pledgor, grantor of security, guarantor or any person who has guarantied or secured in whole or in part the obligations of the BORROWER to the LENDER, and (iv) the obtaining or release of any guaranty or surety agreement, pledge, assignment, or other security for any of the obligations of the BORROWER to the LENDER; (b) presentment and demand for payment of any sum due from the BORROWER or any other guarantor and protest of nonpayment; (c) demand for performance by the BORROWER or any other guarantor; and (d) any and all defenses based on suretyship or impairment of collateral.

Waivers by Guarantor. The GUARANTOR Guarantor waives: (a) any and all notices whatsoever with respect to this GUARANTY Guaranty or with respect to any of the obligations of the BORROWER Borrower to the LENDERLender, including, but not limited to, notice of (i) the LENDER'S Lender's acceptance hereof or the LENDER'S Lender's intention to act, or the LENDER'S Lender's action, in reliance hereon, (ii) the present existence or future incurring of any of the obligations of the BORROWER Borrower to the LENDER Lender or any terms or amounts thereof or any change therein, (iii) any default by the BORROWER Borrower or any surety, pledgor, grantor of security, guarantor or any person who has guarantied or secured in whole or in part the obligations of the BORROWER Borrower to the LENDERLender, and (iv) the obtaining or release of any guaranty or surety agreement, pledge, assignment, or other security for any of the obligations of the BORROWER Borrower to the LENDERLender; (b) presentment and demand for payment of any sum due from the BORROWER Borrower or any other guarantor and protest of nonpayment; and (c) demand for performance by the BORROWER Borrower or any other guarantor; and (d) any and all defenses based on suretyship or impairment of collateral.

Waivers by Guarantor. The GUARANTOR waives: (a) any and all notices whatsoever with respect to this GUARANTY or with respect to any of the obligations of the BORROWER BORROWERS (or any of them) to the LENDER, including, but not limited to, notice of (i) the LENDER'S LENDERS acceptance hereof or the LENDER'S LENDERS intention to act, or the LENDER'S LENDERS action, in reliance hereon, (ii) the present existence or future incurring of any of the obligations of the BORROWER BORROWERS (or any of them) to the LENDER or any terms or amounts thereof or any change therein, (iii) any default by the BORROWER BORROWERS (or any of them) or any surety, pledgor, grantor of security, guarantor or any person who has guarantied or secured in whole or in part the obligations of the BORROWER BORROWERS (or any of them) to the LENDER, and (iv) the obtaining or release of any guaranty or surety agreement, pledge, assignment, or other security for any of the obligations of the BORROWER BORROWERS (or any of them) to the LENDER; (b) presentment and demand for payment of any sum due from the BORROWER BORROWERS (or any of them) or any other guarantor and protest of nonpayment; (c) demand for performance by the BORROWER BORROWERS (or any of them) or any other guarantor; and (d) any and all defenses based on suretyship or impairment of collateral.

Waivers by Guarantor. The GUARANTOR waives: (a) any and all notices whatsoever with respect to this GUARANTY or with respect to any of the obligations of the BORROWER to the LENDERSECURED PARTIES, including, but not limited to, notice of (i) the LENDER'S SECURED PARTIES’ acceptance hereof or the LENDER'S SECURED PARTIES’ intention to act, or the LENDER'S SECURED PARTIES’ action, in reliance hereon, (ii) the present existence or future incurring of any of the obligations of the BORROWER to the LENDER SECURED PARTIES or any terms or amounts thereof or any change therein, (iii) any default by the BORROWER or any surety, pledgor, grantor of security, guarantor or any person who has guarantied or secured in whole or in part the obligations of the BORROWER to the LENDERSECURED PARTIES, and (iv) the obtaining or release of any guaranty or surety agreement, pledge, assignment, or other security for any of the obligations of the BORROWER to the LENDERSECURED PARTIES; (b) presentment and demand for payment of any sum due from the BORROWER or any other guarantor and protest of nonpayment; and (c) demand for performance by the BORROWER or any other guarantor; and (d) any and all defenses based on suretyship or impairment of collateral.

Waivers by Guarantor. The GUARANTOR waives: (a) any and all notices whatsoever with respect to this GUARANTY or with respect to any of the obligations of any of the BORROWER BORROWERS to the LENDER, including, but not limited Limited to, notice of (i) the LENDER'S ’S acceptance hereof or the LENDER'S ’S intention to act, or the LENDER'S ’S action, in reliance hereon, (ii) the present existence or future incurring of any of the obligations of any of the BORROWER BORROWERS to the LENDER or any terms or amounts thereof or any change therein, (iii) any default by any of the BORROWER BORROWERS or any surety, pledgor, grantor of security, guarantor or any person who has guarantied or secured in whole or in part the obligations of any of the BORROWER BORROWERS to the LENDER, and (iv) the obtaining or release of any guaranty or surety agreement, pledge, assignment, or other security for any of the obligations of any of the BORROWER BORROWERS to the LENDER; (b) presentment and demand for payment of any sum due from any of the BORROWER BORROWERS or any other guarantor and protest of nonpayment; (c) demand for performance by any of the BORROWER BORROWERS or any other guarantor; and (d) any and all defenses based on suretyship or impairment of collateral.

Waivers by Guarantor. The GUARANTOR Except as provided in this Section 6, below, Guarantor waives: (a) any and all notices whatsoever with respect to this GUARANTY Guaranty or with respect to any of the obligations of the BORROWER Tenant to the LENDERLandlord, including, but not limited to, notice of (i) the LENDER'S Landlord's acceptance hereof or the LENDER'S Landlord's intention to act, or the LENDER'S Landlord's action, in reliance hereon, (ii) the present existence or future incurring of any of the obligations of the BORROWER Tenant to the LENDER Landlord or any terms or amounts thereof or any change therein, (iii) any default by the BORROWER Tenant or any surety, pledgor, grantor of security, guarantor or any person who has guarantied or secured in whole or in part the obligations of the BORROWER Tenant to the LENDERLandlord, and (iv) the obtaining or release of any guaranty or surety agreement, pledge, assignment, or other security for any of the obligations of the BORROWER Tenant to the LENDERLandlord; (b) presentment and demand for payment of any sum due from the BORROWER or any other guarantor Tenant and protest of nonpayment; and (c) demand for performance by the BORROWER or any other guarantor; Tenant. The foregoing notwithstanding, Guarantor does not waive its right to receive notice of Tenant's default as and (d) any and all defenses based on suretyship or impairment to the extent required pursuant to Section 22.1 of collateralthe Lease.

Waivers by Guarantor. The GUARANTOR waives: Each Guarantor waives (a) any defense arising by reason of any disability or other defense of the Borrower or any other guarantor, or the cessation from any cause whatsoever (including any act or omission of the Agent or any Lender) of the liability of the Borrower; (b) any defense based on any claim that such Guarantor’s obligations exceed or are more burdensome than those of the Borrower; (c) the benefit of any statute of limitations affecting such Guarantor’s liability hereunder; (d) any right to require the Agent or any Lender to proceed against the Borrower, proceed against or exhaust any security for the Indebtedness, or pursue any other remedy in the Agent’s or any Lender’s power whatsoever; (e) any benefit of and any right to participate in any security now or hereafter held by the Agent or any Lender; and (f) to the fullest extent permitted by law, any and all other defenses or benefits that may be derived from or afforded by applicable law limiting the liability of or exonerating guarantors or sureties. Each Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Obligations, and all notices of acceptance of this GUARANTY Guaranty or with respect to any of the obligations existence, creation or incurrence of the BORROWER to the LENDER, including, but not limited to, notice of (i) the LENDER'S acceptance hereof new or the LENDER'S intention to act, or the LENDER'S action, in reliance hereon, (ii) the present existence or future incurring of any of the obligations of the BORROWER to the LENDER or any terms or amounts thereof or any change therein, (iii) any default by the BORROWER or any surety, pledgor, grantor of security, guarantor or any person who has guarantied or secured in whole or in part the obligations of the BORROWER to the LENDER, and (iv) the obtaining or release of any guaranty or surety agreement, pledge, assignment, or other security for any of the obligations of the BORROWER to the LENDER; (b) presentment and demand for payment of any sum due from the BORROWER or any other guarantor and protest of nonpayment; (c) demand for performance by the BORROWER or any other guarantor; and (d) any and all defenses based on suretyship or impairment of collateraladditional Obligations.