Common use of Waivers of Notice, Etc Clause in Contracts

Waivers of Notice, Etc. Except for any written notice or demand expressly required under this Agreement or any other Loan Instrument under the circumstances, each Loan Party hereby expressly waives: (a) notice of acceptance of this Agreement or any other Loan Instrument; (b) notice of any action taken or omitted in reliance hereon; (c) presentment; (d) demand for payment; (e) protest or notice of protest; (f) notice of any nonpayment or other event that constitutes, or with or without the giving or receipt of notice, the acquisition of knowledge or the passage of time (or any combination thereof) would constitute, any nonpayment, nonperformance, misrepresentation or other breach or default under this Agreement or any other Loan Instrument; (g) notice of any material and adverse effect, whether individually or in the aggregate, upon (i) the assets, business, operations, properties or condition (financial or otherwise) of any Loan Party, any Surety or any other Person, (ii) the ability of any of them to pay or otherwise satisfy (as and when due) any of their respective obligations under any of the Loan Instruments, or (iii) any collateral securing the obligations of any of them under the Loan Instruments or its value or the validity, enforceability, perfection or priority of any security interest of the Lender therein; or (h) any other proof, notice or demand of any kind whatsoever with respect to any or all of the Obligations or Surety's Obligations or promptness in making any claim or demand under this Agreement or any other Loan Instrument. No act or omission of any kind in connection with any of the foregoing shall in any way impair or otherwise affect the legality, validity, binding effect or enforceability of any term or provision of this Agreement or any other Loan Instrument or any of the Obligations or Surety's Obligations.

Waivers of Notice, Etc. Except for any written Each Borrower hereby absolutely, -------------------------- unconditionally, irrevocably and expressly waives forever each and all of the following except to the extent notice or demand thereof is expressly required under by this Agreement or Agreement, any other Loan Instrument under the circumstances, each Loan Party hereby expressly waivesDocument or applicable law: (a) acceptance and notice of any acceptance of this Agreement or any other Loan InstrumentDocument; (b) notice of any action taken or omitted in reliance hereon; (c) presentment and notice of any presentment; (d) demand for paymentpayment and notice of any such demand; (e) protest or dishonor and notice of any dishonor; (f) protest and notice of any protest; (fg) notice of any request for, any change in or any making, repayment or remaking of any loan, advance or other extension of credit at any time under this Agreement or any other Loan Document; (h) notice of any nonpayment or other event that constitutes, or with or without the giving or receipt of notice, the acquisition of knowledge notice or the passage of time (or any combination thereofboth) would constitute, any nonpayment, nonperformance, misrepresentation or other breach or default under this Agreement or any other Loan InstrumentDocument; (gi) notice of any material and adverse effect, whether individually or in the aggregate, upon or other information respecting (iA) the assets, business, cash flow, expenses, income, liabilities, operations, properties properties, prospects, reputation or condition (financial or otherwise) of any Loan PartyBorrower, any Surety or any other Person, (iiB) the ability of any of them to pay or otherwise satisfy (as and when due) any of their respective obligations under any of this Agreement and the other Loan InstrumentsDocuments, or (iiiC) any collateral securing the obligations of any of them under this Agreement and the other Loan Instruments Documents or its value or the validity, enforceability, perfection or priority of any security interest of the Lender therein; (j) notice of any act, event or circumstance described in subsection (hb) of the immediately preceding Section (i.e., Agreement Absolute, Survival of Representations, Etc.) ; and (k) any other proof, notice or demand of any kind whatsoever with respect to any or all of the Obligations or Surety's Obligations or promptness in making any claim or demand under this Agreement or any other Loan Instrument. No act or omission of any kind in connection with any of the foregoing shall in any way impair or otherwise affect the legality, validity, binding effect or enforceability of any term or provision of this Agreement or any other Loan Instrument or any of the Obligations or Surety's ObligationsDocument.

Waivers of Notice, Etc. Except for any written notice or demand notices expressly required to be given to the Borrower under this Agreement or the Note, the maximum extent permitted under any other Loan Instrument under Applicable Law the circumstances, each Loan Party Borrower hereby expressly waives: (a) notice of acceptance of this Agreement Agreement, the Note or any other Loan Instrument; (b) notice of any action taken or omitted in reliance hereon; (c) presentment; (d) demand for payment; (e) protest or notice of protest; (f) notice of any nonpayment or other event that constitutes, or with or without the giving or receipt of notice, the acquisition of knowledge notice or the passage of time (or any combination thereofboth) would constitute, any nonpayment, nonperformance, misrepresentation or other breach or default under this Agreement Agreement, the Note or any other Loan Instrument; (g) notice of any material and adverse effect, whether individually or in the aggregate, upon (i) the assets, business, operations, properties or condition (financial or otherwise) of any Loan Partythe Borrower, any Surety or any other Personperson, (ii) the ability of any of them to pay or otherwise satisfy (as and when due) any of their respective obligations under any of the Loan Instruments, or (iii) any collateral securing the obligations of any of them under the Loan Instruments or its value or the validity, enforceabilityenforceabil-ity, perfection or priority of any security interest of the Lender Bank therein; or (h) any other proof, notice or demand of any kind whatsoever with respect to any or all of the Obligations or Surety's Obligations or promptness in making any claim or demand under this Agreement Agreement, the Note or any other Loan Instrument. No act or omission of any kind in connection with any of the foregoing shall in any way impair or otherwise affect the legality, validity, binding effect or enforceability of any term or provision of this Agreement Agreement, the Note or any other Loan Instrument or any of the Obligations or Surety's Obligations.

Waivers of Notice, Etc. Except for any written notice or demand notices expressly required under this Agreement or any other Loan Instrument under to the circumstancesBorrowers, each Loan Party Borrower hereby expressly waives: (a) notice of acceptance of this Agreement or any other Loan InstrumentAgreement; (b) notice of any action taken or omitted in reliance hereon; (c) presentment; (d) demand for payment; (ec) protest or notice of protest; (f) notice of any nonpayment or other Event of Default or the occurrence or continuance of any other default, or any other event that constitutes, or (with or without the giving or receipt of notice, the acquisition of knowledge notice or the passage of time (or both) could constitute an Event of Default or a default, under any combination thereof) would constitute, any nonpayment, nonperformance, misrepresentation or other breach or default under this Agreement or any other Loan Instrument; (g) notice of any material and adverse effect, whether individually or in the aggregate, upon (i) the assets, business, operations, properties or condition (financial or otherwise) of any Loan Party, any Surety Borrower or any other Personperson, (ii) the ability or upon any part of any of them to pay or otherwise satisfy (as and when due) any of their respective obligations under any of the Loan Instruments, or (iii) any collateral Collateral securing the obligations of any Borrower or any other person; (h) any statute of them limitations or similar time constraint under any Applicable Law, whether with respect to the Loan Instruments or its value or the validity, enforceability, perfection or priority of any security interest of the Lender thereinObligations; or (hi) any other proof, notice or demand of any kind whatsoever with respect to any or all of the Obligations or Surety's Obligations or promptness in making any claim or demand under this Agreement or any other Loan Instrument. No act or omission of any kind in connection with any of the foregoing shall in any way impair or otherwise affect the legality, validity, binding effect or enforceability of any term or provision of this Agreement or any other Loan Instrument or any of the Borrowers' Obligations or Surety's Obligationsunder the Guaranty.