Common use of WAIVERS BY XXXXXXXX Clause in Contracts

WAIVERS BY XXXXXXXX. To the fullest extent permitted by Applicable Law, Borrower waives (a) the right to trial by jury (which the Lender hereby also waives) in any proceeding or dispute of any kind relating in any way to this Agreement, 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 the Lender on which Borrower may in any way be liable, and hereby ratifies anything the 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 the Lender to exercise any rights or remedies; (e) the benefit of all valuation, appraisement and exemption laws; (f) any claim against the 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 Obligations, this Agreement, the other Loan Documents or transactions relating hereto; and (g) notice of acceptance hereof. Borrower acknowledges that the foregoing waivers are a material inducement to the Lender entering into this Agreement and that they are relying upon the foregoing in their dealings with Borrower. Xxxxxxxx has each 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 XXXXXXXX. To Borrower hereby waives, to the fullest extent permitted by Applicable Law, Borrower waives the same may be waived under applicable law: (a) the right to trial by jury (which the Lender hereby also waives) in any proceeding or dispute notice of any kind relating in any way to acceptance of this Agreement, Obligations or Collateral; (b) presentmentall claims, demand, protest, notice causes of presentment, default, non- payment, maturity, release, compromise, settlement, extension or renewal action and rights of any commercial paper, accounts, documents, instruments, chattel paper and guaranties at any time held by the Borrower against Lender on which Borrower may account of actions taken or not taken by Xxxxxx in any way be liablethe exercise of Xxxxxx’s rights or remedies hereunder, and hereby ratifies anything under the Lender may do in this regardLoan Documents or under applicable law; (c) notice prior all claims of Borrower for failure of Lender to taking possession comply with any requirement of applicable law relating to enforcement of Lender’s rights or control of any Collateralremedies hereunder, under the Loan Documents or under applicable law; (d) any bond or security that might be required by a court prior all rights of redemption of Borrower with respect to allowing the Lender to exercise any rights or remediesCollateral; (e) in the benefit event Lender seeks to repossess any or all of all valuationthe Collateral by judicial proceedings, appraisement and exemption lawsany bond(s) or demand(s) for possession which otherwise may be necessary or required; (f) presentment, demand for payment, protest and notice of non-payment and all exemptions; (g) any claim against and all other notices or demands which by applicable law must be given to or made upon Borrower by Lender; (h) settlement, compromise or release of the Lender, on obligations of any theory person primarily or secondarily liable upon any of liability, for special, indirect, consequential, exemplary or punitive damages the Obligations; (as opposed to direct or actual damagesi) trial by jury in any way relating to action or proceeding of any kind or nature in connection with any of the Obligations, this Agreement, Agreement or any of the other Loan Documents or transactions relating heretoDocuments; and (gj) notice substitution, impairment, exchange or release of acceptance hereofany Collateral for any of the Obligations. Borrower acknowledges Xxxxxxxx agrees that Lender may exercise any or all of its rights and/or remedies hereunder, under the foregoing waivers are a material inducement Loan Documents and under applicable law without resorting to and without regard to any Collateral or sources of liability with respect to any of the Lender entering into Obligations. Upon satisfaction of Xxxxxxxx’s Obligations and termination of this Agreement and that they are relying upon Xxxxxx’s security interest hereunder and payment of all Obligations, within five (5) business days following Xxxxxxxx’s written request to Xxxxxx, Xxxxxx shall release control of any security interest in the foregoing in their dealings with Borrower. Xxxxxxxx has each reviewed Collateral perfected by control and Lender shall send Borrower a statement terminating any financing statement filed against 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 courtCollateral.

WAIVERS BY XXXXXXXX. To the fullest extent permitted by Applicable Law, the Borrower waives (a) the right to trial by jury (which the Administrative Agent and each Lender hereby also waives) in any proceeding or dispute of any kind relating in any way to this Agreementany 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 the Lender Administrative Agent on which the Borrower may in any way be liable, and hereby ratifies anything the Lender Administrative 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 the Lender Administrative Agent to exercise any rights or remedies; (e) the benefit of all valuation, appraisement and exemption laws; (f) any claim against the Administrative 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, this Agreement, the other Loan Documents or transactions relating heretothereto; and (g) notice of acceptance hereof. The Borrower acknowledges that the foregoing waivers are a material inducement to the Lender Administrative Agent and Lenders entering into this Agreement and that they are relying upon the foregoing in their dealings with Borrower. Xxxxxxxx The Borrower has each 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.