Common use of Waivers by Pledgor Clause in Contracts

Waivers by Pledgor. The Pledgor 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 Pledgor 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 any other Transaction Documents or under applicable law; (iii) all claims of the Pledgor 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 other Transaction Documents or under applicable law; (iv) all rights of redemption of the Pledgor 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 Pledgor; (vii) any and all other notices or demands which by applicable law must be given to or made upon the Pledgor by Secured Party; (viii) settlement, compromise or release of the obligations of any person or entity primarily or secondarily liable upon any of the Obligations; (ix) all rights of the Pledgor to demand that Secured Party release account debtors or other persons or entities 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 Pledgor agrees that Secured Party may exercise any or all of its rights and/or remedies hereunder and under any 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.

Appears in 7 contracts

Samples: Pledge and Escrow Agreement (Inventergy Global, Inc.), Pledge and Escrow Agreement (Revolutions Medical CORP), Pledge and Escrow Agreement (Aqualiv Technologies, Inc.)

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Waivers by Pledgor. The Pledgor hereby waives, to the extent the same may be waived under applicable law: (i) waives notice of acceptance of this Agreement; (ii) all claims and rights of the Pledgor against Secured Party on account of actions taken or not taken by Secured Party in the exercise of Secured Party’s rights 's acceptance hereof and notice of the creation, existence and payment or remedies nonpayment of the Obligations. None of the following acts or things (which Secured Party is authorized to do or not to do with or without notice to Pledgor) shall in any way affect or impair the Security Interest or Pledgor's liabilities and obligations hereunder, under any other Transaction Documents or under applicable law; (iiia) all claims any extension or renewal (whether or not for longer than the original period) of the Pledgor 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 other Transaction Documents or under applicable law; (iv) all rights of redemption of the Pledgor 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 Pledgor; (vii) any and all other notices or demands which by applicable law must be given to or made upon the Pledgor by Secured Party; (viii) settlement, compromise or release of the obligations of any person or entity primarily or secondarily liable upon any of the Obligations; (ixb) any change in the terms of payment or other terms of any or all rights of the Pledgor to demand that Secured Party release account debtors Obligations or other persons any Collateral therefor, or entities liable on any substitution or exchange of any evidence of any or all of the Obligations or Collateral from further obligation to Secured Party; and (x) substitutiontherefor, impairment, exchange or any release of any Collateral for any or all of the Obligations. The Pledgor agrees that Secured Party may exercise ; (c) any waiver or forbearance granted to Debtor or any other person liable with respect to any or all of its the Obligations or any release of, compromise with, or failure to assert rights and/or remedies hereunder against Debtor 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 Debtor pursuant to any statute now in force or hereafter enacted; (g) any interruption in business relations between Secured Party and Debtor; (h) the failure or neglect to protect or preserve any Obligation or any Collateral therefor, or to exercise any right which may be available to Secured Party by law or agreement prior to or after an Event of Default or a default under any other Transaction Documents and under applicable law without resorting to and without regard to agreement, or any Collateral or sources of liability with respect to delay in doing any of the foregoing; (i) the failure or neglect to ascertain or assure that the proceeds of any loan to Debtor 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.

Appears in 1 contract

Samples: Pledge Agreement (Bobby Allison Wireless Corp)

Waivers by Pledgor. The Pledgor hereby waives, to the extent the same may be waived under applicable law: (i) waives notice of acceptance of this Agreement; (ii) all claims and rights of the Pledgor against Secured Party on account of actions taken or not taken by Secured Party in the exercise of Secured Party’s rights 's acceptance hereof and notice of the creation, existence and payment or remedies nonpayment of the Obligations. None of the following acts or things (which Secured Party is authorized to do or not to do with or without notice to Pledgor) shall in any way affect or impair the Security Interest or Pledgor's liabilities and obligations hereunder, under any other Transaction Documents or under applicable law; (iiia) all claims any extension or renewal (whether or not for longer than the original period) of the Pledgor 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 other Transaction Documents or under applicable law; (iv) all rights of redemption of the Pledgor 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 requiredObligations; (vib) presentment, demand for payment, protest and notice any change in the terms of non-payment and or other terms of any or all exemptions applicable to any of the Obligations or any Collateral therefor, or any substitution or exchange of any evidence of any or all of the Pledgor; (vii) Obligations or collateral therefor, or any and all other notices or demands which by applicable law must be given to or made upon the Pledgor by Secured Party; (viii) settlement, compromise or release of the obligations of any person collateral for any or entity primarily or secondarily liable upon any all of the Obligations; (ixc) all rights of the Pledgor any waiver or forebearance granted to demand that Secured Party release account debtors Debtor or any other persons or entities person liable on any of the Collateral from further obligation with respect to Secured Party; and (x) substitution, impairment, exchange or release of any Collateral for any of the Obligations. The Pledgor agrees that Secured Party may exercise any or all of its the Obligations or any release of, compromise with, or failure to assert rights and/or remedies hereunder against Debtor 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 Debtor pursuant to any statute now in force or hereafter enacted; (g) any interruption in business relations between Secured Party and Debtor; (h) the failure or neglect to protect or preserve any Obligation or any collateral therefor, or to exercise any right which may be available to Secured Party by law or agreement prior to or after an Event of Default or a default under any other Transaction Documents and under applicable law without resorting to and without regard to agreement, or any Collateral or sources of liability with respect to delay in doing any of the foregoing; (i) the failure or neglect to ascertain or assure that the proceeds of any loan to Debtor are used in any particular manner; and (k) the application or failure to apply in any particular manner any payments or credits upon the Obligations.

Appears in 1 contract

Samples: Third Party Pledge Agreement (Dynamic Health Products Inc)

Waivers by Pledgor. The Pledgor 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 Pledgor 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 any other Transaction Documents the Merger Agreement in respect of the Obligations or under applicable law; (iii) all claims of the Pledgor 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 other Transaction Documents Merger Agreement in respect of the Obligations or under applicable law; (iv) all rights of redemption of the Pledgor 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 Pledgor; (vii) any and all other notices or demands which by applicable law must be given to or made upon the Pledgor by Secured Party; (viii) settlement, compromise or release of the obligations of any person or entity primarily or secondarily liable upon any of the Obligations; (ix) all rights of the Pledgor to demand that Secured Party release account debtors or other persons or entities 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 Pledgor agrees that Secured Party may exercise any or all of its rights and/or remedies hereunder and under any other Transaction Documents the Merger Agreement in respect of the Obligations and under applicable law without resorting to and without regard to any Collateral or sources of liability with respect to any of the Obligations.

Appears in 1 contract

Samples: Pledge and Escrow Agreement (Urvan Steven F.)

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Waivers by Pledgor. The Pledgor 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 Pledgor 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 any other Transaction Documents the Note or under applicable law; (iii) all claims of the Pledgor 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 other Transaction Documents Note or under applicable law; (iv) all rights of redemption of the Pledgor 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 Pledgor; (vii) any and all other notices or demands which by applicable law must be given to or made upon the Pledgor by Secured Party; (viii) settlement, compromise or release of the obligations of any person or entity primarily or secondarily liable upon any of the Obligations; (ix) all rights of the Pledgor to demand that Secured Party release account debtors or other persons or entities 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 Pledgor agrees that Secured Party may exercise any or all of its rights and/or remedies hereunder and hereunder, under any other Transaction Documents the Note, this Agreement and under applicable law without resorting to and without regard to any Collateral or sources of liability with respect to any of the Obligations.

Appears in 1 contract

Samples: Pledge and Escrow Agreement (Clenergen Corp)

Waivers by Pledgor. The Pledgor hereby waives, to the extent the same may be waived under applicable law: (i) waives notice of acceptance of this Agreement; (ii) all claims and rights of the Pledgor against Secured Party on account of actions taken or not taken by Secured Party in the exercise of Secured Party’s rights 's acceptance hereof and notice of the creation existence and payment or remedies nonpayment of the Obligations. None of the following acts or things (which Secured Party is authorized to do or not to do with or without notice to Pledgor) shall in any way affect or impair the Security Interest or Pledgor's liabilities and obligations hereunder, under any other Transaction Documents or under applicable law; (iiia) all claims any extension or renewal (whether or not for longer than the original period) of the Pledgor 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 other Transaction Documents or under applicable law; (iv) all rights of redemption of the Pledgor 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 requiredObligations; (vib) presentment, demand for payment, protest and notice any change in the terms of non-payment and or other terms of any or all exemptions applicable to any of the Obligations or any Collateral therefor, or any substitution or exchange of any evidence of any or all of the Pledgor; (vii) Obligations or collateral therefor or any and all other notices or demands which by applicable law must be given to or made upon the Pledgor by Secured Party; (viii) settlement, compromise or release of the obligations of any person collateral for any or entity primarily or secondarily liable upon any all of the Obligations; (ixc) all rights of the Pledgor any waiver or forbearance granted to demand that Secured Party release account debtors Debtor or any other persons or entities person liable on any of the Collateral from further obligation with respect to Secured Party; and (x) substitution, impairment, exchange or release of any Collateral for any of the Obligations. The Pledgor agrees that Secured Party may exercise any or all of its the Obligations or any release of, compromise with, or failure to assert rights and/or remedies hereunder against Debtor 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 Debtor pursuant to any statute now in force or hereafter enacted; (g) any interruption in business relations between Secured Party and Debtor; (h) the failure or neglect to protect or preserve any Obligation or any collateral therefor, or to exercise any right which may be available to Secured Party by law or agreement prior to or after an Event of Default or a default under any other Transaction Documents and under applicable law without resorting to and without regard to agreement or any Collateral or sources of liability with respect to delay in doing any of the foregoing; (i) the failure or neglect to ascertain or assure that the proceeds of any loan to Debtor are used in any particular manner; and (k) the application or failure to apply in any particular manner any payments or credits upon the Obligations.

Appears in 1 contract

Samples: Loan Agreement (Independent Bankshares Inc)

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