Common use of Xxxxxxx, 265 Cal Clause in Contracts

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one (1) or more of Sections §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section § 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Secured Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Secured Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each the Guarantor freely, irrevocably, and unconditionally: unconditionally (i) waives and relinquishes that defense and agrees that such the Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Bank may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; Indebtedness, (ii) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Bank may commence to enforce this Guaranty; , (iii) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; , and (iv) acknowledges and agrees that the Guaranteed Parties are Bank is relying on this waiver in creating the Guaranteed ObligationsIndebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties are Bank is receiving for creating the Guaranteed ObligationsIndebtedness.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Agent and Lenders are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Agent and Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each the Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such the Guarantor will be fully liable under this Guaranty even though the Guaranteed Credit Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Credit Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Credit Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Credit Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Credit Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Credit Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Credit Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Credit Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Collateral Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Agent and Lenders are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Agent, Collateral Agent, Documentation Agent, and Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Agent and Lenders are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Agent and Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each the Guarantor freely, irrevocably, and unconditionally: unconditionally (i) waives and relinquishes that defense and agrees that such the Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Agent or any Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; Indebtedness, (ii) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent or any Lender may commence to enforce this Guaranty; , (iii) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; , and (iv) acknowledges and agrees that the Guaranteed Parties are Agent or any Lender is relying on this waiver in creating the Guaranteed ObligationsIndebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties are Agent or any Lender is receiving for creating the Guaranteed ObligationsIndebtedness.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor the Parent freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor it will be fully liable under this Guaranty even though the Guaranteed Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor the Parent will not assert that defense in any action or proceeding which the Guaranteed Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that (A) the rights and defenses waived by such Guarantor the Parent in this Guaranty include any right or defense that such Guarantor the Parent may have or be entitled to assert based upon or arising out of any one or more of Sections §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section § 2848 of the California Civil Code, and (B) the Parent waives all rights and defenses arising out of an election of remedies by the Secured Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for a guaranteed obligation, has destroyed the Parent’s rights of subrogation and reimbursement against the principal by the operation of § 580d of the California Code of Civil Procedure or otherwise; and (iv) acknowledges and agrees that the Guaranteed Secured Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Secured Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guarantyagreement, each Guarantor of the Guarantors freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty hereunder even though the Guaranteed Parties Administrative Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Administrative Agent or any Lender may commence to enforce this Guarantyagreement; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty herein include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are Administrative Agent and each Lender is relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties are Administrative Agent and each Lender is receiving for creating the Guaranteed Obligations. Each of the Guarantors acknowledges and agrees that it shall have the sole responsibility for obtaining from the Borrowers such information concerning the Borrowers's financial conditions or business operations as such Guarantor may require, and that neither the Administrative Agent nor any Lender has any duty at any time to disclose to such Guarantor any information relating to the business operations or financial conditions of the Borrowers.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Collateral Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Agent and Lenders are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Agent, Collateral Agent, Documentation Agent, and Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor Holdings freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor Holdings will be fully liable under this Guaranty even though the Guaranteed Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor Holdings will not assert that defense in any action or proceeding which the Guaranteed Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor Holdings in this Guaranty include any right or defense that such Guarantor Holdings may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Secured Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Secured Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each the Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such the Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are Lender is relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties are Lender is receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this GuarantyAgreement, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty Guarantee even though the Guaranteed Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Secured Parties may commence to enforce this GuarantyGuarantee; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty Guarantee include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section § 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Secured Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Secured Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor the Parent freely, irrevocably, and unconditionally: ; (i) waives and relinquishes that defense and agrees that such Guarantor it will be fully liable under this Guaranty even though the Guaranteed Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor the Parent will not assert that defense in any action or proceeding which the Guaranteed Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that (A) the rights and defenses waived by such Guarantor the Parent in this Guaranty include any right or defense that such Guarantor the Parent may have or be entitled to assert based upon or arising out of any one or more of Sections §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section § 2848 of the California Civil Code, and (B) the Parent waives all rights and defenses arising out of an election of remedies by the Secured Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for a guaranteed obligation, has destroyed the Parent’s rights of subrogation and reimbursement against the principal by the operation of § 580d of the California Code of Civil Procedure or otherwise; and (iv) acknowledges and agrees that the Guaranteed Secured Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Secured Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Agent may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Agent and Lenders are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Agent and Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Administrative Agent or any Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligationsindebtedness; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Administrative Agent or any Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Lenders are relying on this waiver in creating making the Guaranteed ObligationsLoans and extending other financial accommodations giving rise to the obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). --------------------- By executing this GuarantyGuarantee Agreement, each the Guarantor freely, irrevocably, and unconditionally: (iA) waives and relinquishes that defense and agrees agree that such Guarantor the Guarantors will be fully liable under this Guaranty Guarantee Agreement even though the Guaranteed Parties Collateral Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (iiB) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Collateral Agent may commence to enforce this GuarantyGuarantee Agreement; (iiiC) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty Guarantee Agreement include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Collateral Agent and the Lenders are relying on this waiver in creating the Guaranteed Obligationsindebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties Collateral Agent and the Lenders are receiving for creating the Guaranteed Obligationsindebtedness.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). --------------------- By executing this GuarantyGuarantee Agreement, each the Guarantor freely, irrevocably, and unconditionally: (iA) waives and relinquishes that defense and agrees that such the Guarantor will be fully liable under this Guaranty Guarantee Agreement even though the Guaranteed Parties Collateral Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (iiB) agrees that such the Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Collateral Agent may commence to enforce this GuarantyGuarantee Agreement; (iiiC) acknowledges and agrees that the rights and defenses waived by such the Guarantor in this Guaranty Guarantee Agreement include any right or defense that such the Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Collateral Agent and the Lenders are relying on this waiver in creating the Guaranteed Obligationsindebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties Collateral Agent and the Lenders are receiving for creating the Guaranteed Obligationsindebtedness.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that such each Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligationsindebtedness; (ii) agrees that such each Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such each Guarantor in this Guaranty include any right or defense that such any Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are Lender is relying on this waiver in creating the Guaranteed Obligationsindebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties are Lender is receiving for creating the Guaranteed Obligationsindebtedness.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Guarantied Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Guarantied Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Guarantied Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Guarantied Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that such each Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Administrative Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligationsindebtedness; (ii) agrees that such each Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties any Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such each Guarantor in this Guaranty include any right or defense that such any Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, 580d or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Lenders are relying on this waiver in creating the Guaranteed Obligationsindebtedness, and that this waiver is a material part of the consideration which the Guaranteed Parties Lenders are receiving for creating the Guaranteed Obligationsindebtedness.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties UWG may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust or other security instrument securing the Guaranteed Obligations; (ii) agrees that such Guarantor it will not assert that defense in any action or proceeding which the Guaranteed Parties UWG may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor it in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are UWG is relying on this waiver in creating accepting the Guaranteed Obligations, and that this waiver is a material part of the consideration which UWG is receiving for accepting the Guaranteed Parties are receiving for creating Obligations and entering into the Guaranteed Obligationstransactions contemplated above.

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Subsidiary Guaranty, each Guarantor Subsidiary Guaranty freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Subsidiary Guarantor will be fully liable under this Subsidiary Guaranty even though the Guaranteed Administrative Agent and the Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Subsidiary Guarantor will not assert that defense in any action or proceeding which the Guaranteed Administrative Agent or the Secured Parties may commence to enforce this Subsidiary Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Subsidiary Guarantor in this Subsidiary Guaranty include any right or defense that such Subsidiary Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section § 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Administrative Agent and the Secured Parties are relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Administrative Agent and the Secured Parties are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guaranty, each Guarantor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty even though the Guaranteed Parties Administrative Agent or any Lender may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligationsindebtedness; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Administrative Agent or any Lender may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties Lenders are relying on this waiver in creating making the Guaranteed ObligationsLoans and extending other financial accommodations giving rise to the obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties Lenders are receiving for creating the Guaranteed Obligations.

Xxxxxxx, 265 Cal. App. 2d 2d. 40 (1968). By executing this Guarantyagreement, each Guarantor of the Guarantors freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that such Guarantor will be fully liable under this Guaranty hereunder even though the Guaranteed Parties Administrative Agent may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Obligations; (ii) agrees that such Guarantor will not assert that defense in any action or proceeding which the Guaranteed Parties Administrative Agent or any Lender may commence to enforce this Guarantyagreement; (iii) acknowledges and agrees that the rights and defenses waived by such Guarantor in this Guaranty herein include any right or defense that such Guarantor may have or be entitled to assert based upon or arising out of any one or more of Sections 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Guaranteed Parties are Administrative Agent and each Lender is relying on this waiver in creating the Guaranteed Obligations, and that this waiver is a material part of the consideration which the Guaranteed Parties are Administrative Agent and each Lender is receiving for creating the Guaranteed Obligations.. Each of the Guarantors acknowledges and agrees that it shall have the sole responsibility for obtaining from the Borrowers such information concerning the Borrowers's financial conditions or business operations as such Guarantor may require, and that neither the Administrative Agent nor any Lender has any duty at any time to disclose to such Guarantor any information relating to the business operations or financial conditions of the Borrowers. 108