Common use of Waivers of Notice, Etc Clause in Contracts

Waivers of Notice, Etc. Each Borrower hereby absolutely, -------------------------- unconditionally, irrevocably and expressly waives forever each and all of the following except to the extent notice thereof is expressly required by this Agreement, any other Loan Document or applicable law: (a) acceptance and notice of any acceptance of this Agreement or any other Loan Document; (b) notice of any action taken or omitted in reliance hereon; (c) presentment and notice of any presentment; (d) demand for payment and notice of any such demand; (e) dishonor and notice of any dishonor; (f) protest and notice of any protest; (g) 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 the giving of notice or the passage of time (or both) would constitute, any nonpayment, nonperformance, misrepresentation or other breach or default under this Agreement or any other Loan Document; (i) notice of any material and adverse effect, whether individually or in the aggregate, or other information respecting (A) the assets, business, cash flow, expenses, income, liabilities, operations, properties, prospects, reputation or condition (financial or otherwise) of any Borrower, any Surety or any other Person, (B) 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 Documents, or (C) any collateral securing the obligations of any of them under this Agreement and the other Loan 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 (b) 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 Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amrep Corp.), Loan and Security Agreement (Amrep Corp.)

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Waivers of Notice, Etc. Each Borrower hereby absolutely, -------------------------- unconditionally, irrevocably and expressly waives forever each and all of the following except to the extent Except for any written notice thereof is or demand expressly required by under this Agreement, Agreement or any other Loan Document or applicable lawInstrument under the circumstances, each Loan Party hereby expressly waives: (a) acceptance and notice of any acceptance of this Agreement or any other Loan DocumentInstrument; (b) notice of any action taken or omitted in reliance hereon; (c) presentment and notice of any presentment; (d) demand for payment and notice of any such demandpayment; (e) dishonor and protest or notice of any dishonorprotest; (f) protest and notice of any protest; (g) 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 notice, the acquisition of knowledge or the passage of time (or bothany combination thereof) would constitute, any nonpayment, nonperformance, misrepresentation or other breach or default under this Agreement or any other Loan DocumentInstrument; (ig) notice of any material and adverse effect, whether individually or in the aggregate, or other information respecting upon (Ai) the assets, business, cash flow, expenses, income, liabilities, operations, properties, prospects, reputation properties or condition (financial or otherwise) of any BorrowerLoan Party, any Surety or any other Person, (Bii) 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 DocumentsInstruments, or (Ciii) any collateral securing the obligations of any of them under this Agreement and the other Loan Documents Instruments or its value or the validity, enforceability, perfection or priority of any security interest of the Lender therein; or (j) notice of any act, event or circumstance described in subsection (b) of the immediately preceding Section (i.e., Agreement Absolute, Survival of Representations, Etc.) ; and (kh) 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 DocumentInstrument. 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.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Spar Group Inc), Guaranty and Security Agreement (Spar Group Inc)

Waivers of Notice, Etc. Each Except for notices expressly required to be given to the Borrower under this Agreement or the Note, the maximum extent permitted under any Applicable Law the Borrower hereby absolutely, -------------------------- unconditionally, irrevocably and expressly waives forever each and all of the following except to the extent notice thereof is expressly required by this Agreement, any other Loan Document or applicable lawwaives: (a) acceptance and notice of any acceptance of this Agreement Agreement, the Note or any other Loan DocumentInstrument; (b) notice of any action taken or omitted in reliance hereon; (c) presentment and notice of any presentment; (d) demand for payment and notice of any such demandpayment; (e) dishonor and protest or notice of any dishonorprotest; (f) protest and notice of any protest; (g) 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 the giving of notice or the passage of time (or both) would constitute, any nonpayment, nonperformance, misrepresentation or other breach or default under this Agreement Agreement, the Note or any other Loan DocumentInstrument; (ig) notice of any material and adverse effect, whether individually or in the aggregate, or other information respecting upon (Ai) the assets, business, cash flow, expenses, income, liabilities, operations, properties, prospects, reputation properties or condition (financial or otherwise) of any the Borrower, any Surety or any other Personperson, (Bii) 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 DocumentsInstruments, or (Ciii) any collateral securing the obligations of any of them under this Agreement and the other Loan Documents Instruments or its value or the validity, enforceabilityenforceabil-ity, perfection or priority of any security interest of the Lender Bank therein; or (j) notice of any act, event or circumstance described in subsection (b) of the immediately preceding Section (i.e., Agreement Absolute, Survival of Representations, Etc.) ; and (kh) 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 DocumentInstrument. 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, the Note or any other Loan Instrument or any of the Obligations or Surety's Obligations.

Appears in 1 contract

Samples: Security Agreement (Arison Micky 1994 B Trust)

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Waivers of Notice, Etc. Each Borrower hereby absolutely, -------------------------- unconditionally, irrevocably and expressly waives forever each and all of the following except to the extent notice thereof is Except for notices expressly required by this Agreement, any other Loan Document or applicable law: (a) acceptance and notice of any acceptance of under this Agreement or any other Loan DocumentInstrument to the Borrowers, each Borrower hereby expressly waives: (a) notice of acceptance of this Agreement; (b) notice of any action taken or omitted in reliance hereon; (c) presentment and notice of any presentment; (d) demand for payment and payment; (c) protest or notice of any such demand; (e) dishonor and notice of any dishonorprotest; (f) protest and notice of any protest; (g) 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 of Default or the occurrence or continuance of any other default, or any other event that constitutes, or (with the giving of notice or the passage of time (or both) would constitutecould constitute an Event of Default or a default, under any nonpayment, nonperformance, misrepresentation or other breach or default under this Agreement or any other Loan DocumentInstrument; (ig) notice of any material and adverse effect, whether individually or in the aggregate, or other information respecting (A) upon the assets, business, cash flow, expenses, income, liabilities, operations, properties, prospects, reputation properties or condition (financial or otherwise) of any Borrower, any Surety Borrower or any other Personperson, (B) 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 this Agreement and the other Loan Documents, or (C) any collateral Collateral securing the obligations of any of them under this Agreement and the Borrower or any other Loan Documents or its value or the validity, enforceability, perfection or priority of any security interest of the Lender thereinperson; (jh) notice any statute of limitations or similar time constraint under any actApplicable Law, event whether with respect to the Obligations; or circumstance described in subsection (b) of the immediately preceding Section (i.e., Agreement Absolute, Survival of Representations, Etc.) ; and (ki) 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 DocumentInstrument. 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 under the Guaranty.

Appears in 1 contract

Samples: Loan and Security Agreement (Aeroflex Inc)

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