Common use of Waivers by the Guarantor Clause in Contracts

Waivers by the Guarantor. The Guarantor hereby irrevocably and absolutely waives: (a) any and all notices whatsoever with respect to this Guaranty or with respect to any of the Borrower’s obligations 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 Borrower’s obligations or any terms or amounts thereof or any change therein, (iii) any default by the Borrower or any surety, pledgor of security, guarantor or other person who has guaranteed or secured in whole or in part the Borrower’s obligations, (iv) the obtaining or release of any guaranty or surety agreement (in addition to this Guaranty), pledge, assignment, or other security for any of the Borrower’s obligations, (v) the sale, liquidation or disposition of any collateral securing the Borrower’s obligations to the Lender; and (vi) protest or dishonor; (b) any objections as to the commercial reasonableness of any acts taken or not taken by the Lender in the sale, liquidation, or disposition of any collateral securing the Borrower’s obligations to the Lender; (c) presentment, diligence, protest and demand for payment of any sum due from the Borrower or any person who has guaranteed in whole or in part any of the Borrower’s obligations and protest of nonpayment; (d) demand for performance by the Borrower or any person who has guaranteed in whole or in part any of the Borrower’s obligations; and (e) Guarantor expressly waives any right of subrogation, indemnification or contribution Guarantor may have or which may arise against the Borrower with respect to the Obligations hereunder, until such time as all amounts due in connection with the Obligations have been paid in full and are not subject to any asserted claim that they be returned or disgorged.

Appears in 2 contracts

Samples: Guaranty and Suretyship Agreement (Unilife Corp), Guaranty and Suretyship Agreement (Unilife Corp)

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Waivers by the Guarantor. The Guarantor hereby irrevocably and absolutely waives: (a) any and all notices whatsoever with respect to this Guaranty or with respect to any of the Borrower’s 's obligations to under the LenderNote, including, but not limited to, notice of: (i) the Lender’s Beneficiary's acceptance hereof or the Lender’s Beneficiary's intention to act, or the Lender’s Beneficiary's action, in reliance hereon, ; (ii) the present existence or future incurring occurrence of an event of default of any of the Borrower’s 's obligations under the Note or any terms or amounts thereof or of any change therein, ; (iii) any default by the Borrower or any surety, pledgor pledgor, grantor of security, guarantor or other person who has guaranteed or secured in whole or in part the Borrower’s obligations, 's obligations under the Note; and (iv) the obtaining or release of any guaranty or surety agreement (in addition to this Guaranty), pledge, assignment, or other security for any of the Borrower’s obligations, (v) 's obligations under the sale, liquidation or disposition of any collateral securing the Borrower’s obligations to the LenderNote; and (vi) protest or dishonor; (b) any objections as to the commercial reasonableness of any acts taken or not taken by the Lender in the sale, liquidation, or disposition of any collateral securing the Borrower’s obligations to the Lender; (ci) presentment, diligence, protest and demand for payment of any sum due from the Borrower under the Note or any person who has guaranteed in whole or in part any of the Borrower's obligations under the Note, including the Guarantor; (ii) notice of default by the Borrower or any person who has guaranteed in whole or in part any of the Borrower’s 's obligations and protest of nonpaymentunder the Note, including the Guarantor; (diii) demand for performance by the Borrower or any person who has guaranteed in whole or in part any of the Borrower’s obligations; and (e) Guarantor expressly waives any right of subrogation, indemnification or contribution Guarantor may have or which may arise against 's obligations under the Borrower with respect to the Obligations hereunder, until such time as all amounts due in connection with the Obligations have been paid in full and are not subject to any asserted claim that they be returned or disgorgedNote.

Appears in 2 contracts

Samples: Security Agreement (RumbleON, Inc.), Unconditional Guaranty Agreement (RumbleON, Inc.)

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