Common use of Xxxxxxx, 265 Cal Clause in Contracts

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

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

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

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, Holdings freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that Holdings will be fully liable under this Guaranty even though the Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Obligations; (ii) agrees that Holdings will not assert that defense in any action or proceeding which the Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by Holdings in this Guaranty include any right or defense that 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 Secured Parties are relying on this waiver in creating the Obligations, and that this waiver is a material part of the consideration which the Secured Parties are receiving for creating the Obligations.

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

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this Guaranty, Holdings and Spansion Technology freely, irrevocably, and unconditionally: (i) waives waive and relinquishes relinquish that defense and agrees agree that Holdings each will be fully liable under this Guaranty even though the Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Obligations; (ii) agrees agree that Holdings neither will not assert that defense in any action or proceeding which the Secured Parties may commence to enforce this Guaranty; (iii) acknowledges acknowledge and agrees agree that the rights and defenses waived by Holdings each in this Guaranty include any right or defense that Holdings each may have or be entitled to assert based upon or arising out of any one or more of §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or § 2848 of the California Civil Code; and (iv) acknowledges acknowledge and agrees agree that the Secured Parties are relying on this waiver in creating the Obligations, and that this waiver is a material part of the consideration which the Secured Parties are receiving for creating the Obligations.

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

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

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

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

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

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

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

Xxxxxxx, 265 Cal. App. 2d 40 (1968). By executing this --------------- Guaranty, Holdings freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that Holdings will be fully liable under this Guaranty even though the Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Obligations; (ii) agrees that Holdings will not assert that defense in any action or proceeding which the Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by Holdings in this Guaranty include any right or defense that 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 Secured Parties are relying on this waiver in creating the Obligations, and that this waiver is a material part of the consideration which the Secured Parties are receiving for creating the Obligations.. 130