Common use of Waivers by the Grantor Clause in Contracts

Waivers by the Grantor. To the extent permitted under Applicable Law, the Grantor shall not assert, and hereby irrevocably waives, any right or defense the Grantor may have under any statute or rule of law or equity now or hereafter in effect (other than Section 51.003, 51.004 and 51.005 of the Texas Property Code, as amended from time to time) relating to (i) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling of the Trust Property or the other assets of the Grantor, sale of the Trust Property in any order; (ii) impairment of any right of subrogation or reimbursement; (iii) any requirement that at any time any action must be taken against any other Person, any portion of the Trust Property or any other asset of the Grantor or any other Person; (iv) any provision barring or limiting the right of the Trustee or the Beneficiary to sell any Trust Property after any other sale of any other Trust Property or any other action against the Grantor or any other Person; (v) any provision barring or limiting the recovery by the Trustee or the Beneficiary or the other Secured Parties of a deficiency after any sale of the Trust Property; (vi) any other provision of Applicable Law (including any provision relating to decedents' estates) which might defeat, limit or adversely affect any right or remedy of the Trustee or the Beneficiary or any other Secured Party under or with respect to this Deed of Trust or the other Loan Documents; or (vii) the right of the Trustee or the Beneficiary as Agent to foreclose this Deed of Trust in its own name on behalf of all Secured Parties by judicial action as the real party in interest without the necessity of joining any other Secured Party.

Appears in 2 contracts

Samples: Credit Agreement (Equistar Chemicals Lp), Credit Agreement (Lyondell Chemical Co)

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Waivers by the Grantor. To the fullest extent permitted under Applicable Lawapplicable law, the Grantor shall not assert, and hereby irrevocably waives, any right or defense the Grantor may have under any statute or rule of law or equity now or hereafter in effect (other than Section 51.003, 51.004 and 51.005 of the Texas Property Code, as amended from time to time) relating to (ia) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling of the Trust Property or the other assets of the Grantor, sale of the Trust Property in any orderorder or notice of deficiency or intention to accelerate any Secured Obligation; (iib) impairment of any right of subrogation or reimbursement; (iiic) any requirement that at any time any action must be taken against any other Person, any portion of the Trust Property or any other asset of the Grantor or any other Person; (ivd) any provision barring or limiting the right of the Trustee Beneficiary or the Beneficiary Trustee to sell any Trust Property after any other sale of any other Trust Property or any other action against the Grantor or any other Person; (ve) any provision barring or limiting the recovery by the Trustee or the Beneficiary or the other Secured Parties of a deficiency after any sale of the Trust Property; (vif) any other provision of Applicable Law (including any provision relating to decedents' estates) applicable law which might shall defeat, limit or adversely affect any right or remedy of the Beneficiary, the Trustee or the Beneficiary or any other Secured Party under or with respect to this Deed of Trust or the any other Loan DocumentsSecurity Document as it relates to any Trust Property; or (viig) the right of the Trustee Beneficiary or the Beneficiary as Agent Trustee to foreclose this Deed of Trust in its own name on behalf of all of the Secured Parties by judicial action as the real party in interest without the necessity of joining any other Secured Party.

Appears in 2 contracts

Samples: Credit Agreement (Huntington Ingalls Industries, Inc.), Credit Agreement (Huntington Ingalls Industries, Inc.)

Waivers by the Grantor. To the fullest extent permitted under Applicable Law, the Grantor shall not assert, and hereby irrevocably waives, any right or defense the Grantor may have under any statute or rule of law or equity now or hereafter in effect (other than Section 51.003, 51.004 and 51.005 of the Texas Property Code, as amended from time to time) relating to (i) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling marshalling of the Trust Property or the other assets of the Grantor, sale of the Trust Property in any orderorder or notice of deficiency or intention to accelerate any Secured Obligation; (ii) impairment of any right of subrogation or reimbursement; (iii) any requirement that at any time any action must be taken against any other Person, any portion of the Trust Property or any other asset of the Grantor or any other Person; (iv) any provision barring or limiting the right of the Trustee Beneficiary or the Beneficiary Trustee to sell any Trust Property after any other sale of any other Trust Property or any other action against the Grantor or any other Person; (v) any provision barring or limiting the recovery by the Trustee or the Beneficiary or the other Secured Parties of a deficiency after any sale of the Trust Property; (vi) any other provision of Applicable Law (including any provision relating to decedents' estates) which might defeat, limit or adversely affect any right or remedy of the Beneficiary, the Trustee (as applicable) or the Beneficiary or any other holders of the Secured Party Obligations under or with respect to this Deed of Trust or the any other Loan DocumentsSecurity Document as it relates to any Trust Property; or (vii) the right of the Trustee Beneficiary or the Beneficiary as Agent Trustee to foreclose this Deed of Trust in its own name on behalf of all of the Secured Parties by judicial action as the real party in interest without the necessity of joining any other Secured Party.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Xerox Corp)

Waivers by the Grantor. To the extent permitted under Applicable Lawapplicable law, the Grantor shall not assert, and hereby irrevocably waives, any right or defense the Grantor may have under any statute or rule of law or equity now or hereafter in effect (other than Section 51.003, 51.004 and 51.005 of the Texas Property Code, as amended from time to time) relating to (i) appraisement, valuation, homestead homestead, exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling marshalling of the Trust Property or the other assets of the Grantor, sale of the Trust Property in any orderorder or notice of deficiency or intention to accelerate any Secured Obligation; (ii) impairment of any right of subrogation or reimbursement; (iii) any requirement that at any time any action must be taken against any other Person, any portion of the Trust Property or any other asset of the Grantor or any other Person; (iv) any provision barring or limiting the right of the Trustee or the Beneficiary to sell any Trust Property after any other sale of any other Trust Property or any other action against the Grantor or any other Person; (v) any provision barring or limiting the recovery by the Trustee or the Beneficiary or the other Secured Parties of a deficiency after any sale of the Trust Property; or (vi) any other provision of Applicable Law applicable law (including any provision relating to decedents' estates) which might defeat, limit or adversely affect any right or remedy of the Beneficiary, the Trustee or the Beneficiary or any other holders of the Secured Party Obligations under or with respect to this Deed of Trust or the other Loan Security Documents; or (vii) the right of the Trustee or the Beneficiary as Agent to foreclose this Deed of Trust in its own name on behalf of all Secured Parties by judicial action as the real party in interest without the necessity of joining any other Secured Party.

Appears in 1 contract

Samples: Century Aluminum Co

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Waivers by the Grantor. To the fullest extent permitted under Applicable Lawapplicable law, the Grantor shall not assert, and hereby irrevocably waives, any right or defense the Grantor may have under any statute or rule of law or equity now or hereafter in effect (other than Section 51.003, 51.004 and 51.005 of the Texas Property Code, as amended from time to time) relating to (ia) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling marshalling of the Trust Property or the other assets of the Grantor, sale of the Trust Property in any orderorder or notice of deficiency or intention to accelerate any Obligation; (iib) impairment of any right of contribution, subrogation or reimbursement; (iiic) any requirement that at any time any action must be taken against any other Person, any portion of the Trust Property or any other asset of the Grantor or any other Person; (ivd) any provision barring or limiting the right of the Trustee Beneficiary or the Beneficiary Trustee to sell any Trust Property after any other sale of any other Trust Property or any other action against the Grantor or any other Person; (ve) any provision barring barring, limiting or limiting otherwise affecting the recovery by the Trustee or the Beneficiary or the other Secured Parties of a deficiency after any sale of the Trust Property; (vif) any other provision of Applicable Law (including any provision relating to decedents' estates) applicable law which might defeat, limit or adversely affect any right or remedy of the Beneficiary, the Trustee (as applicable) or the Beneficiary or any other Secured Party Parties under or with respect to this Deed of Trust or the any other Loan DocumentsDocument as it relates to any Property; or (viig) the right of the Trustee Beneficiary or the Beneficiary as Agent Trustee to foreclose this Deed of Trust in its own name on behalf of all of the Secured Parties by judicial action actions as the real party in interest without the necessity of joining any other Secured Party.

Appears in 1 contract

Samples: Credit Agreement (Sanders Morris Harris Group Inc)

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