Common use of Waivers by Guarantors Clause in Contracts

Waivers by Guarantors. Each Guarantor 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 the Agent, the Lenders or the Holders to marshal assets or to proceed in respect of the obligations guaranteed hereunder against any other Credit Party or Subsidiary, any other party or against any security for the payment and performance of the obligations under the Transaction Documents before proceeding against, or as a condition to proceeding against, such Guarantor. It is agreed among each Guarantor that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Transaction Documents and that, but for the provisions of this Article 9 and such waivers, the Agent, the Lenders and the Holders would decline to enter into this Agreement.

Appears in 7 contracts

Samples: Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.)

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Waivers by Guarantors. Each Guarantor 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 the Agent, the Lenders or the Holders to marshal assets or to proceed in respect of the obligations guaranteed hereunder against any other Credit Party or Subsidiary, any other party or against any security for the payment and performance of the obligations under the Transaction Documents before proceeding against, or as a condition to proceeding against, such Guarantor. It is agreed among each Guarantor that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Transaction Documents and that, but for the provisions of this Article ARTICLE 9 and such waivers, the Agent, the Lenders and the Holders would decline to enter into this Agreement.

Appears in 2 contracts

Samples: Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.)

Waivers by Guarantors. Each Guarantor 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 the Agent, Administrative Agent or the Lenders or the Holders to marshal assets marsxxxx xxxets or to proceed in respect of the obligations Obligations guaranteed hereunder against any other Credit Party or SubsidiaryGuarantor, any other party or against any security for the payment and performance of the obligations under the Transaction Documents Obligations before proceeding against, or as a condition to proceeding against, such Guarantor. It is agreed among each Guarantor Guarantor, the Administrative Agent and the Lenders that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Transaction Loan Documents and that, but for the provisions of this Article 9 11 and such waivers, the Agent, Administrative Agent and the Lenders and the Holders would decline to enter into this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Xchange LLC)

Waivers by Guarantors. Each Guarantor 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 the Agent, Administrative Agent or the Lenders or the Holders to marshal xxxxxxxx assets or to proceed in respect of the obligations Obligations guaranteed hereunder against any other Credit Party or SubsidiaryGuarantor, any other party or against any security for the payment and performance of the obligations under the Transaction Documents Obligations before proceeding against, or as a condition to proceeding against, such Guarantor. It is agreed among each Guarantor Guarantor, the Administrative Agent and the Lenders that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Transaction Loan Documents and that, but for the provisions of this Article 9 11 and such waivers, the Agent, Administrative Agent and the Lenders and the Holders would decline to enter into this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Eschelon Telecom Inc)

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Waivers by Guarantors. Each To the extent permitted by applicable law, each Guarantor 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 the Agent, the Lenders or the Holders to marshal assets or to proceed in respect of the obligations guaranteed hereunder against any other Credit Party or Subsidiary, any other party or against any security for the payment and performance of the obligations under the Transaction Documents before proceeding against, or as a condition to proceeding against, such Guarantor. It is agreed among each Guarantor that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Transaction Documents and that, but for the provisions of this Article ARTICLE 9 and such waivers, the Agent, the Lenders and the Holders would decline to enter into this Agreement.

Appears in 1 contract

Samples: Financing Agreement (SOCIAL REALITY, Inc.)

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