Common use of Waivers by the Mortgagor Clause in Contracts

Waivers by the Mortgagor. To the fullest extent permitted under applicable law, the Mortgagor shall not assert, and hereby irrevocably waives, any right or defense the Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (i) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling of the Mortgaged Property or the other assets of the Mortgagor, sale of the Mortgaged Property in any order 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 Mortgaged Property or any other asset of the Mortgagor or any other Person; (iv) any provision barring or limiting the right of the Mortgagee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against the Mortgagor or any other Person; (v) any provision barring or limiting the recovery by the Mortgagee of a deficiency after any sale of the Mortgaged 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 Mortgagee or the holders of the Secured Obligations under or with respect to this Mortgage or the other Collateral Documents as it relates to any Mortgaged Property; or (vii) the right of the Mortgagee to foreclose this Mortgage in its own name as Collateral Agent 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. Nothing in this Section shall be construed to limit any rights, including rights to notice, afforded to the Mortgagor under this Mortgage or the Underlying Documents.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Polaroid Corp), Security Agreement and Fixture Filing (Polaroid Corp)

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Waivers by the Mortgagor. To the fullest extent permitted under applicable lawApplicable Law, the Mortgagor shall not assert, and hereby irrevocably waives, any right or defense the Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (i) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling marshalling of the Mortgaged Property or the other assets of the Mortgagor, sale of the Mortgaged Property in any order 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 Mortgaged Property or any other asset of the Mortgagor or any other Person; (iv) any provision barring or limiting the right of the Mortgagee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against the Mortgagor or any other Person; (v) any provision barring or limiting the recovery by the Mortgagee of a deficiency after any sale of the Mortgaged Property; (vi) 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 Mortgagee or the holders of the Secured Obligations under or with respect to this Mortgage or the any other Collateral Documents Security Document as it relates to any Mortgaged Property; or (vii) the right of the Mortgagee to foreclose this Mortgage in its own name as Collateral Agent 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. Nothing in this Section shall be construed to limit any rights, including rights to notice, afforded to the Mortgagor under this Mortgage or the Underlying Documents.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Xerox Corp), Xerox Corp

Waivers by the Mortgagor. To the fullest extent permitted under applicable lawLaw, the Mortgagor shall not assert, and hereby irrevocably waives, any right or defense the Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (ia) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling marshalling of the Mortgaged Property or the other assets of the Mortgagor, sale of the Mortgaged Property in any order 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 Mortgaged Property or any other asset of the Mortgagor or any other Person; (ivd) any provision barring or limiting the right of the Mortgagee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against the Mortgagor or any other Person; (ve) any provision barring or limiting the recovery by the Mortgagee of a deficiency after any sale of the Mortgaged Property; (vif) any other provision of applicable law (including any provision relating to decedents' estates) Law which might defeat, limit or adversely affect any right or remedy of the Mortgagee or the holders of the other Secured Obligations Parties under or with respect to this Mortgage or the any other Collateral Documents Document as it relates to any Mortgaged Property; or (viig) the right of the Mortgagee to foreclose this Mortgage in its own name as Collateral Agent 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. Nothing in this Section shall be construed to limit any rights, including rights to notice, afforded to the Mortgagor under this Mortgage or the Underlying Documents.

Appears in 2 contracts

Samples: Credit Agreement (Lender Processing Services, Inc.), Credit Agreement (Lender Processing Services, Inc.)

Waivers by the Mortgagor. To the fullest extent permitted under applicable law, the Mortgagor shall not assert, and hereby irrevocably waives, any right or defense the Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (i) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling of the Mortgaged Property or the other assets of the Mortgagor, sale of the Mortgaged Property in any order 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 Mortgaged Property or any other asset of the Mortgagor or any other Person; (iv) any provision barring or limiting the right of the Mortgagee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against the Mortgagor or any other Person; (v) any provision barring or limiting the recovery by the Mortgagee of a deficiency after any sale of the Mortgaged 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 Mortgagee or the holders of the Secured Obligations under or with respect to this Mortgage or the other Collateral Documents as it relates to any Mortgaged Trust Property; or (vii) the right of the Mortgagee to foreclose this Mortgage in its own name as Collateral Agent 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. Nothing in this Section shall be construed to limit any rights, including rights to notice, afforded to the Mortgagor under this Mortgage or the Underlying other Financing Documents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Polaroid Corp)

Waivers by the Mortgagor. To the fullest extent permitted under applicable law, the Mortgagor shall not assert, and hereby irrevocably waives, any right or defense the Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (i) appraisement, valuation, homestead homestead, exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling marshalling of the Mortgaged Property or the other assets of the Mortgagor, sale of the Mortgaged Property in any order 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 Mortgaged Property or any other asset of the Mortgagor or any other Person; (iv) any provision barring or limiting the right of the Mortgagee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against the Mortgagor or any other Person; (v) any provision barring or limiting the recovery by the Mortgagee of a deficiency after any sale of the Mortgaged Property; or (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 Mortgagee or the holders of the Secured Obligations under or with respect to this Mortgage or the other Collateral Documents as it relates to any Mortgaged Property; or (vii) the right of the Mortgagee to foreclose this Mortgage in its own name as Collateral Agent 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. Nothing in this Section shall be construed to limit any rights, including rights to notice, afforded to the Mortgagor under this Mortgage or the Underlying Security Documents.

Appears in 1 contract

Samples: Century Aluminum Co

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Waivers by the Mortgagor. To the fullest extent permitted under applicable law, the Mortgagor shall not assert, and hereby irrevocably waives, any right or defense the Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (ia) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling of the Mortgaged Property or the other assets of the Mortgagor, sale of the Mortgaged Property in any order 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 Mortgaged Property or any other asset of the Mortgagor or any other Person; (ivd) any provision barring or limiting the right of the Mortgagee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against the Mortgagor or any other Person; (ve) any provision barring or limiting the recovery by the Mortgagee of a deficiency after any sale of the Mortgaged Property; (vif) any other provision of applicable law (including any provision relating to decedents' estates) which might shall defeat, limit or adversely affect any right or remedy of the Mortgagee or the holders of the any Secured Obligations Party under or with respect to this Mortgage or the any other Collateral Documents Document as it relates to any Mortgaged Property; or (viig) the right of the Mortgagee as Agent to foreclose this Mortgage in its own name as Collateral Agent 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. Nothing in this Section shall be construed to limit any rights, including rights to notice, afforded to the Mortgagor under this Mortgage or the Underlying Documents.

Appears in 1 contract

Samples: Agreement (Vencor Inc)

Waivers by the Mortgagor. To the fullest extent permitted under applicable lawApplicable Law, the Mortgagor shall not assert, and hereby irrevocably waives, any right or defense the Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (i) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling of the Mortgaged Property or the other assets of the Mortgagor, sale of the Mortgaged Property in any order 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 Mortgaged Property or any other asset of the Mortgagor or any other Person; (iv) any provision barring or limiting the right of the Mortgagee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against the Mortgagor or any other Person; (v) any provision barring or limiting the recovery by the Mortgagee or the other Secured Parties of a deficiency after any sale of the Mortgaged Property; (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 Mortgagee or the holders of the any other Secured Obligations Party under or with respect to this Mortgage or the other Collateral Documents as it relates to any Mortgaged PropertyLoan Documents; or (vii) the right of the Mortgagee as Agent to foreclose this Mortgage in its own name as Collateral Agent 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. Nothing in If the Mortgagee elects to foreclose this Section shall Mortgage by judicial proceedings, appraisement of the Property is waived, at the option of the Mortgagee, such option to be construed to limit any rights, including rights to notice, afforded exercised at or prior to the Mortgagor under this Mortgage or the Underlying Documentstime judgment is rendered in any judicial foreclosure thereof.

Appears in 1 contract

Samples: Credit Agreement (Republic Group Inc)

Waivers by the Mortgagor. To the fullest extent permitted under applicable law, the Mortgagor shall not assert, and hereby irrevocably waives, any right or defense the Mortgagor may have under any statute or rule of law or equity now or hereafter in effect relating to (i) appraisement, valuation, homestead exemption, extension, moratorium, stay, statute of limitations, redemption, marshaling marshalling of the Mortgaged Property or the other assets of the Mortgagor, sale of the Mortgaged Property in any order 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 Mortgaged Property or any other asset of the Mortgagor or any other Person; (iv) any provision barring or limiting the right of the Mortgagee to sell any Mortgaged Property after any other sale of any other Mortgaged Property or any other action against the Mortgagor or any other Person; (v) any provision barring or limiting the recovery by the Mortgagee of a deficiency after any sale of the Mortgaged Property; or (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 Mortgagee or the holders of the Secured Obligations under or with respect to this Mortgage or the other Collateral Documents as it relates to any Mortgaged Property; or (vii) the right of the Mortgagee to foreclose this Mortgage in its own name as Collateral Agent on behalf of all of the Secured Parties by judicial action as the real party in interest without the necessity of joining 191 any other Secured Party. Nothing in this Section herein, however, shall be construed to limit any rights, including rights right to notice, afforded to the Mortgagor under this Mortgage or the Underlying Loan Documents.

Appears in 1 contract

Samples: Agreement (Dolco Packaging Corp /De/)

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