Common use of Waivers of Notice Clause in Contracts

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s 's risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s 's failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Bank from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Borrower. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a the Borrower’s 's risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Borrower with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s 's risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s 's failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a the Borrower’s 's risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s 's risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s 's failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Bank from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Borrower. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a the Borrower’s 's risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankLender’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Lender thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Lender that changes the scope of a Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Lender any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Lender with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Bank from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Borrower. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Borrower with respect to the Obligations in any manner or whatsoeverwhatsoever until the Obligations are paid in full to Bank.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s Lenders’ failure at any time to require strict performance by any Borrower of any provision of the Loan Transaction Documents shall not waive, alter or diminish any right of Bank Lenders thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Lenders that changes the scope of a Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Lenders any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Lenders with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; default except as set forth herein; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankAgent’s failure at any time to require strict performance by any Borrower of any provision of the Loan Transaction Documents shall not waive, alter or diminish any right of Bank Agent thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Agent from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Borrower. Each Borrower also waives any defense arising from any act or omission of Bank Agent that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Agent any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Agent with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankAdministrative Agent’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Administrative Agent thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Administrative Agent that changes the scope of a Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Administrative Agent, and any Lender, any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Administrative Agent, or any Lender, with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s the Borrowers’ risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents this Agreement shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Bank from foreclosing on the lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Borrower. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a Borrower’s the Borrowers’ risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person entity liable to Bank Borrower with respect to the Obligations in any manner or whatsoeverwhatsoever until the Obligations are paid in full to Bank.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, Seller waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower Seller or of any other fact that might increase a Borrower’s the Seller's risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a Borrower the Seller would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower Seller waives any defense arising from any defense of any other BorrowerSeller, or by reason of the cessation from any cause whatsoever of the liability of any other BorrowerSeller. Bank’s Buyer's failure at any time to require strict performance by any Borrower Seller of any provision of the Loan Documents this Agreement shall not waive, alter or diminish any right of Bank Buyer thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Buyer from foreclosing on the lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Seller. Each Borrower Seller also waives any defense arising from any act or omission of Bank Buyer that changes the scope of a Borrower’s the Seller's risks hereunder. Each Borrower Seller hereby waives any right to assert against Bank Buyer any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower Seller individually may now or hereafter have against another Borrower Seller or any other Person entity liable to Bank Seller with respect to the Obligations in any manner or whatsoeverwhatsoever until the Obligations are paid in full to Buyer. Subrogation Defenses. Each Seller waives the benefits, if any, of any statutory or common law rule that may permit a borrower to assert any defenses of a surety or guarantor, or that may give a borrower the right to require a senior creditor to marshal assets, and Seller agrees that it shall not assert any such defenses or rights.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank, Agility’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Agility thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Agility that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Agility any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Agility with respect to the Obligations in any manner or whatsoever.,

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankLender’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Lender thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Lender that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Lender any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Lender with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a such Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a such Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Except as otherwise provided in this Agreement, each Borrower waives, to the extent permitted by law, waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankCollateral Agent’s or any Lender’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Collateral Agent or any Lender thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Collateral Agent or any Lender from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Borrower. Each Borrower also waives any defense arising from any act or omission of Bank Collateral Agent or any Lender that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower Bxxxxxxx would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankAgent’s or any Lender’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Agent or any Lender thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Agent or any Lender that changes the scope of a BorrowerBxxxxxxx’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Agent or any Lender any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Agent or any Lender with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankLender’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Lender thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Lender that changes the scope of a Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Lender any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Lender with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, Co-Obligor waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower Co-Obligor or of any other fact that might increase a Borrower’s the Seller's risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a Borrower the Seller would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower Co-Obligor waives any defense arising from any defense of any other BorrowerCo-Obligor, or by reason of the cessation from any cause whatsoever of the liability of any other BorrowerCo-Obligor. Bank’s Purchaser's failure at any time to require strict performance by any Borrower Co-Obligor of any provision of the Loan Documents Agreement shall not waive, alter or diminish any right of Bank Purchaser thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Purchaser from foreclosing on the Collateral or any lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Co-Obligor. Each Borrower Co-Obligor also waives any defense arising from any act or omission of Bank Purchaser that changes the scope of a Borrower’s the Co-Obligor's risks hereunder. Each Borrower Co-Obligor hereby waives any right to assert against Bank Purchaser any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower Co-Obligor individually may now or hereafter have against another Borrower Co-Obligor or any other Person person or entity liable to Bank Purchaser with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankAgility’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Agility thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Agility that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Agility any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Agility with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, Seller waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower Seller or of any other fact that might increase a Borrower’s the Seller's risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a Borrower the Seller would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower Seller waives any defense arising from any defense of any other BorrowerSeller, or by reason of the cessation from any cause whatsoever of the liability of any other BorrowerSeller. Bank’s Buyer's failure at any time to require strict performance by any Borrower Seller of any provision of the Loan Documents this Agreement shall not waive, alter or diminish any right of Bank Buyer thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Buyer from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Seller. Each Borrower Seller also waives any defense arising from any act or omission of Bank Buyer that changes the scope of a Borrower’s the Seller's risks hereunder. Each Borrower Seller hereby waives any right to assert against Bank Buyer any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower Seller individually may now or hereafter have against another Borrower Seller or any other Person liable to Bank Seller with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, Seller waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower Seller or of any other fact that might increase a Borrower’s the Seller's risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a Borrower the Seller would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower Seller waives any defense arising from any defense of any other BorrowerSeller, or by reason of the cessation from any cause whatsoever of the liability of any other BorrowerSeller. Bank’s Buyer's failure at any time to require strict performance by any Borrower Seller of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Buyer thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Buyer from foreclosing on the lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Seller. Each Borrower Seller also waives any defense arising from any act or omission of Bank Buyer that changes the scope of a Borrower’s the Seller's risks hereunder. Each Borrower Seller hereby waives any right to assert against Bank Buyer any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower Seller individually may now or hereafter have against another Borrower Seller or any other Person liable to Bank Seller with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower Credit Party waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Secured Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Secured Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower Credit Party or of any other fact that might increase a Borrowerthe Credit Party’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower the Credit Party would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower Credit Party waives any defense arising from any defense of any other BorrowerCredit Party, or by reason of the cessation from any cause whatsoever of the liability of any other BorrowerCredit Party. BankLender’s failure at any time to require strict performance by any Borrower Credit Party of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Lender thereafter to demand strict compliance and performance therewith. Each Borrower Credit Party also waives any defense arising from any act or omission of Bank Lender that changes the scope of a Borrowerthe Credit Party’s risks hereunder. Each Borrower Credit Party hereby waives any right to assert against Bank Lender any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower Credit Party individually may now or hereafter have against another Borrower Credit Party or any other Person liable to Bank Lender with respect to the Secured Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Bank from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Borrower. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s failure at any time to require requite strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Bank from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Borrower. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Secured Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Secured Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankLender’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Lender thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Lender that changes the scope of a Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Lender any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Lender with respect to the Secured Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s 's risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a suretyexcept as expressly provided herein. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s 's failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a such Borrower’s risks 's risk hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankAgent’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter alter, or diminish any right of Bank Agent thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Agent that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Agent any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Agent with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a such Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a such Borrower would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Bank from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Borrower. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a such Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, counterclaim or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankAgent’s failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Agent thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Agent that changes the scope of a the Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Agent any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Agent with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Except as otherwise expressly provided ----------------- herein, each Borrower waives, to the extent permitted by law, waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a the Borrower’s 's risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a the Borrower would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. Bank’s 's failure at any time to require strict performance by any Borrower of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Bank from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Borrower. Each Borrower also waives any defense arising from any act or omission of Bank that changes the scope of a the Borrower’s 's risks hereunder, other than any act or omission resulting from Bank's gross negligence or willful misconduct. Each Borrower hereby waives any right to assert against Bank any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth herein; notice of the amount of the Obligations outstanding at any time; notice of any adverse change in the financial condition of any other Borrower or of any other fact that might increase a Borrower’s risk; presentment for payment; demand; protest and notice thereof as to any instrument; and all other notices and demands to which a Borrower would otherwise be entitled by virtue of being a co-borrower or a surety. Each Borrower waives any defense arising from any defense of any other Borrower, or by reason of the cessation from any cause whatsoever of the liability of any other Borrower. BankLxxxxx’s failure at any time to require strict performance by any Borrower of any provision of the Loan Transaction Documents shall not waive, alter or diminish any right of Bank Lender thereafter to demand strict compliance and performance therewith. Each Borrower also waives any defense arising from any act or omission of Bank Lender that changes the scope of a Borrower’s risks hereunder. Each Borrower hereby waives any right to assert against Bank Lender any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower individually may now or hereafter have against another Borrower or any other Person liable to Bank Lender with respect to the Obligations in any manner or whatsoever.

Waivers of Notice. Each Borrower waives, to the extent permitted by law, Seller waives notice of acceptance hereof; notice of the existence, creation or acquisition of any of the Obligations; notice of an Event of Default except as set forth hereinDefault; notice of the amount of the Obligations outstanding at any time; notice of intent to accelerate; notice of acceleration; notice of any adverse change in the financial condition of any other Borrower Seller or of any other fact that might increase a Borrower’s the Seller's risk; presentment for payment; demand; protest and notice thereof as to any instrument; default; and all other notices and demands to which a Borrower the Seller would otherwise be entitled by virtue of being a co-borrower or a suretyentitled. Each Borrower Seller waives any defense arising from any defense of any other BorrowerSeller, or by reason of the cessation from any cause whatsoever of the liability of any other BorrowerSeller. Bank’s Buyer's failure at any time to require strict performance by any Borrower Seller of any provision of the Loan Documents shall not waive, alter or diminish any right of Bank Buyer thereafter to demand strict compliance and performance therewith. Nothing contained herein shall prevent Buyer from foreclosing on the Lien of any deed of trust, mortgage or other security instrument, or exercising any rights available thereunder, and the exercise of any such rights shall not constitute a legal or equitable discharge of any Seller. Each Borrower Seller also waives any defense arising from any act or omission of Bank Buyer that changes the scope of a Borrower’s the Seller's risks hereunder. Each Borrower Seller hereby waives any right to assert against Bank Buyer any defense (legal or equitable), setoff, counterclaim, or claims that such Borrower Seller individually may now or hereafter have against another Borrower Seller or any other Person liable to Bank Seller with respect to the Obligations in any manner or whatsoever.