Waivers by Obligors. To the fullest extent permitted by Applicable Law, each Obligor waives (a) the right to trial by jury (which Agent and each Lender hereby also waives) in any proceeding or dispute of any kind relating in any way to any Loan Documents, Obligations or Collateral; (b) presentment, demand, protest, notice of presentment, default, non-payment, maturity, release, compromise, settlement, extension or renewal of any commercial paper, accounts, documents, instruments, chattel paper and guaranties at any time held by Agent on which an Obligor may in any way be liable, and hereby ratifies anything Agent may do in this regard; (c) notice prior to taking possession or control of any Collateral; (d) any bond or security that might be required by a court prior to allowing Agent to exercise any rights or remedies; (e) the benefit of all valuation, appraisement and exemption laws; (f) any claim against Agent, Issuing Bank or any Lender, on any theory of liability, for special, indirect, consequential, exemplary or punitive damages (as opposed to direct or actual damages) in any way relating to any Enforcement Action, Obligations, Loan Documents or transactions relating thereto; and (g) notice of acceptance hereof. Each Obligor acknowledges that the foregoing waivers are a material inducement to Agent, Issuing Bank and Lenders entering into this Agreement and that they are relying upon the foregoing in their dealings with Obligors. Each Obligor has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.
Waivers by Obligors. Obligors hereby waive any rights any Obligor may have upon payment in full of the Obligations to require Agent to terminate its security interest in the Collateral, other collateral or in any other property of any Obligor until termination of the Loan Agreement in accordance with its terms and the execution by each Obligor of an agreement releasing and indemnifying, in the same manner as described in Section 7.6 of this Agreement, the Releasees from all claims arising on or before the date of such termination. Obligors each acknowledge that the foregoing waiver is a material inducement to Agent in entering this Agreement and that Agent is relying upon the foregoing waiver in its future dealings with Obligors.
Waivers by Obligors. Each Obligor 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 Lender to marsxxxx xxxets or to proceed in respect of the Obligations guaranteed hereunder against any other Obligor, 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 Obligor. It is agreed among each Obligor and Lender that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the Related Agreements and that, but for the provisions of this SECTION 12 and such waivers, Lender would decline to enter into this Agreement.
Waivers by Obligors. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH BORROWER WAIVES (A) PRESENTMENT, DEMAND, PROTEST, NOTICE OF PRESENTMENT, DEFAULT, NON-PAYMENT, MATURITY, RELEASE, COMPROMISE, SETTLEMENT, EXTENSION OR RENEWAL OF ANY COMMERCIAL PAPER, ACCOUNTS, CONTRACT RIGHTS, DOCUMENTS, INSTRUMENTS, CHATTEL PAPER AND GUARANTIES AT ANY TIME HELD BY AGENT ON WHICH ANY BORROWER MAY IN ANY WAY BE LIABLE, AND HEREBY RATIFIES ANYTHING AGENT MAY DO IN THIS REGARD; (B) NOTICE PRIOR TO TAKING POSSESSION OR CONTROL OF ANY COLLATERAL; (C) ANY BOND OR SECURITY THAT MIGHT BE REQUIRED BY A COURT PRIOR TO ALLOWING AGENT TO EXERCISE ANY RIGHTS OR REMEDIES; (D) THE BENEFIT OF ALL VALUATION, APPRAISEMENT AND EXEMPTION LAWS; (E) ANY CLAIM AGAINST AGENT OR ANY LENDER, ON ANY THEORY OF LIABILITY, FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (AS OPPOSED TO DIRECT OR ACTUAL DAMAGES) IN ANY WAY RELATING TO ANY ENFORCEMENT ACTION, OBLIGATIONS, LOAN DOCUMENTS OR TRANSACTIONS RELATING THERETO; AND (F)
Waivers by Obligors. 105 15.17. Patriot Act Notice ........................................................................................................ 105 15.18. NO ORAL AGREEMENT .......................................................................................... 105 15.19. Non-Applicability of Chapter 346 ............................................................................... 105 15.20. OBLIGORS’ WAIVER OF RIGHTS UNDER TEXAS DECEPTIVE TRADE PRACTICES ACT ....................................................................................................... 106 15.21. Intercreditor Agreement .............................................................................................. 106 15.22. Senior Notes Priority Collateral .................................................................................. 106 15.23.
Waivers by Obligors. To the fullest extent permitted by Applicable Law, each Obligor waives (a) the right to trial by jury (which Agent and each Lender hereby also waives) in any proceeding or dispute of any kind relating in any way to any Loan Documents, Obligations or Collateral; (b) presentment, demand, protest, notice of presentment, default, non-payment, notice of intent to accelerate, notice of acceleration, maturity, release, compromise, settlement, extension or renewal of any commercial paper,
Waivers by Obligors. To the fullest extent permitted by Applicable Law, each Obligor waives (a) the right to trial by jury (which Agent, Issuing Bank and each Lender hereby also waive) in any proceeding or dispute of any kind relating in any way to any Loan Documents, Obligations or Collateral; (b) presentment, demand, protest, notice of presentment, default, non-payment, maturity, release, compromise, settlement, extension or renewal of any commercial paper, accounts, documents, instruments, chattel paper and guaranties at any time held by Agent on which an Obligor may in any way be liable, and hereby ratifies anything Agent may do in this regard; (c) notice prior to taking possession or control of any Collateral; (d) any bond or security that might be required by a court prior to allowing Agent to exercise any rights or remedies; (e) the benefit of all valuation,
Waivers by Obligors. To the fullest extent permitted by Applicable Law, each of PHR, each Future Intermediation Subsidiary and each Obligor waives (a) the right to trial by jury (which Administrative Agent, each Issuing Bank and each Lender hereby also waives) in any proceeding or dispute of any kind relating in any way to any Loan Documents, Obligations or Collateral; (b) presentment, demand, protest, notice of presentment, default, non-payment, maturity, release, compromise, settlement, extension or renewal of any commercial paper, accounts, documents, instruments, chattel paper and guaranties at any time held by Administrative Agent, any Issuing Bank or any Lender on which PHR, a Future Intermediation Subsidiary or an Obligor may in any way be liable, and hereby ratifies anything Administrative Agent, any Issuing Bank or any Lender may do in this regard; (c) notice prior to taking possession or control of any Collateral; (d) any bond or security that might be required by a court prior to allowing Administrative Agent, any Issuing Bank or any Lender to exercise any rights or remedies; (e) the benefit of all valuation, appraisement and exemption laws; (f) any claim against any party hereto on any theory of liability, for special, indirect, consequential, exemplary or punitive damages (as opposed to direct or actual damages) in any way relating to any Enforcement Action, Obligations, Loan Documents or transactions relating thereto (which Administrative Agent, each Issuing Bank and each Lender hereby also
Waivers by Obligors. Each of the Obligors expressly waives all rights any of them 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 or Holders to marshal assets or to proceed in respect of the Obligations hereunder against any other Obligor, any other party or against any security for the payment and performance of the Obligations before proceeding against, or as a condition to 88 proceeding against, such Obligor. It is agreed among each of the Obligors, the Agent and Holders that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Collateral Documents and that, but for the provisions of this Article 23 and such waivers, the Agent and Holders would decline to enter into this Agreement.
Waivers by Obligors. Each of the Obligors, for themselves, all ------------------- endorsers, guarantors and other Persons now or hereafter becoming liable for all or any portion of the indebtedness, all Persons who at any time hereafter may become holders of any junior liens upon all or any portion of the New Collateral and all Persons claiming by, through or under any of the foregoing, hereby: (a) agrees to any and all extensions of time for payment and other modifications, indulgences or waivers of any of the terms of any of the Loan Documents (as the same will be modified by the terms and conditions of Article III above if the Closing provided for in Paragraph 4.1 above occurs), and to any and all realizations, compromises, releases, exchanges or substitutions of any security (or portions thereof) given to secure the repayment of the indebtedness, in each case at any time or from time to time, without notice; (b) covenants that no such extension, modification, waiver, realization, compromise, exchange, release or substitution, and no other indulgence given by Pilgrim or the Agent, shall impair, release, discharge or otherwise modify or affect in any respect the liability of the Obligors (or any of them) or preclude Pilgrim or the Agent from realizing upon any security (or portion thereof) or from obtaining any other relief provided for under the Loan Documents (as the same will be modified by the terms and conditions of Article III above if the Closing provided for in Paragraph 4.1 above occurs) or otherwise available to them or either of them at Law or in equity; (c) agrees to offsets of any sums or property owed to it by Pilgrim or the Agent at any time; (d) waives all counterclaims and setoffs to which it otherwise may be entitled; (e) waives, to the fullest extent permitted by Law, any and all applicable homestead, exemption, stay, redemption, marshalling of assets, order of sale, moratorium, valuation and appraisal Laws now or hereafter in force or effect; (f) waives diligence, presentment and demand for payment, protest and notice of protest, demand and dishonor, notice of dishonor, notice of non-payment, notice of acceleration and/or of maturity and all other notices which it lawfully may waive; (g) waives, to the fullest extent permitted by Law, the right to demand a trial by jury and/or to assert the statute of limitations as a defense in any action brought by Pilgrim or the Agent and agree that all issues in any such proceeding shall, at the option of Pilgrim or ...
