Common use of Xxxxxxx, 265 Cal Clause in Contracts

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

Xxxxxxx, 265 Cal. App.2d App. 2d 40 (1968). By executing this AgreementGuaranty, Pledgor the Guarantor freely, irrevocably, and unconditionally: unconditionally (i) waives and relinquishes that defense and agrees that Pledgor the Guarantor will be fully liable under this Agreement Guaranty even though the Administrative Agent or any other person Bank may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Guaranteed Indebtedness; , (ii) agrees that Pledgor the Guarantor will not assert that defense in any action or proceeding which the Administrative Agent or any other person Bank may commence to enforce this Agreement; Guaranty, (iii) acknowledges and agrees that the rights and defenses waived by Pledgor the Guarantor in this Agreement Guaranty include any right or defense that the Pledgor Guarantor may have had or be entitled to assert based on 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 Administrative Agent and each other Lender Bank is relying on this waiver in creating the Guaranteed Indebtedness, and that this waiver is a material part of the consideration which the Administrative Agent and each Lender Bank is receiving for creating the Guaranteed Indebtedness.

Xxxxxxx, 265 Cal. App.2d 40 (1968). By executing this Agreement, Pledgor Indemnitor freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that Pledgor Indemnitor will be fully liable under this Agreement even though the Administrative Agent or a Lender may foreclose judicially or nonjudicially against any other person may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing real property security for the IndebtednessLoan; (ii) agrees that Pledgor Indemnitor will not assert that defense in any action or proceeding which the Administrative Agent or any other person Indemnified Party may commence to enforce this Agreement; (iii) acknowledges and agrees that the rights and defenses waived by Pledgor in Indemnitor under this Agreement include any right or defense that the Pledgor Indemnitor may have had or be entitled to assert based on 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 Administrative Agent and each other Lender is relying on this waiver in creating making the IndebtednessLoan, and that this waiver is a material part of the consideration which the Administrative Agent and each Lender is receiving for creating making the IndebtednessLoan; and (v) acknowledges and agrees that Administrative Agent is relying on this waiver in agreeing to act as administrative agent for the Loan, and that this waiver is a material part of the consideration which Administrative Agent is receiving for acting as Administrative Agent for the Loan.

Xxxxxxx, 265 Cal. App.2d 40 (1968). By executing this Agreement, Pledgor each Borrower freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that Pledgor such Borrower will be fully liable under this Agreement and the other Loan Documents to which such Borrower is a party even though the Administrative Agent or any Lender may foreclose judicially or nonjudicially against any real property security for the Obligations other person may foreclose, either by judicial foreclosure or by exercise than the Property of power of sale, any deed of trust securing the Indebtednesssuch Borrower; (ii) agrees that Pledgor such Borrower will not assert that defense in any action or proceeding which the Administrative Agent or any other person Lender may commence to enforce this Agreementthe Security Instrument encumbering the Property of such Borrower; (iii) acknowledges and agrees that the rights and defenses waived by Pledgor in such Borrower under this Agreement include any right or defense that the Pledgor such Borrower may have had or be entitled to assert based on 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 Administrative Agent and each other Lender is relying on this waiver in creating the Indebtednessextending credit to Borrowers, and that this waiver is a material part of the consideration which the Administrative Agent and each Lender is receiving for creating the Indebtednessextending such credit to Borrowers.

Xxxxxxx, 265 Cal. App.2d 40 (1968). By executing this Agreement, Pledgor each Borrower freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that Pledgor such Borrower will be fully liable hereunder and under this Agreement the other Credit Documents even though the Administrative Agent may foreclose judicially or nonjudicially against any other person may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing real property security for the IndebtednessObligations; (ii) agrees that Pledgor such Borrower will not assert that defense in any action or proceeding which the Administrative Agent or any other person of the Lenders may commence to enforce this Agreement; (iii) acknowledges and agrees that the rights and defenses waived by Pledgor in this Agreement such Borrower hereunder include any right or defense that the Pledgor such Borrower may have had or be entitled to assert based on 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 Administrative Agent and each other Lender of the Lenders is relying on this waiver in creating making the IndebtednessRevolving Loans and other extensions of credit hereunder, and that this waiver is a material part of the consideration which the Administrative Agent and each Lender is receiving for creating the Indebtednesstherefor.

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

Xxxxxxx, 265 Cal. App.2d App. 2d 40 (1968). By executing this Agreement, Pledgor each Obligor freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that Pledgor the Obligors will be fully liable under this Agreement even though the Administrative Agent or any other person may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the IndebtednessObligations; (ii) agrees that Pledgor the Obligors will not assert that defense in any action or proceeding which the Administrative Agent or any other person may commence to enforce this AgreementAgreement or any other Loan Document; (iii) acknowledges and agrees that the rights and defenses waived by Pledgor the Obligors in this Agreement include any right or defense that the Pledgor Obligors may have had or be entitled to assert based on 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 Administrative Agent and each other Lender is the Lenders are relying on this waiver in creating the IndebtednessObligations, and that this waiver is a material part of the consideration which the Administrative Agent and each Lender is the Lenders are receiving for creating the IndebtednessObligations.

Xxxxxxx, 265 Cal. App.2d App. 2d. 40 (1968). By executing this Agreement, Pledgor freely, irrevocably, irrevocably and unconditionally: (i) waives and relinquishes that defense and agrees that Pledgor will be fully liable under this Agreement even though the Administrative Agent or any other person Bank may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Indebtednessindebtedness; (ii) agrees that Pledgor will not assert that defense in any action or proceeding which the Administrative Agent Bank may commence to in any action or any other person proceeding which Bank may commence to enforce this Agreement; (iii) acknowledges and agrees that the rights and defenses waived by Pledgor in this Agreement include any right or defense that the Pledgor may have had or be entitled to assert based on 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 of Section 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Administrative Agent and each other Lender Bank is relying on this waiver in creating the Indebtednessindebtedness, and that this waiver is a material part of the consideration which the Administrative Agent and each Lender Bank is receiving for creating the IndebtednessObligations.

Xxxxxxx, 265 Cal. App.2d App. 2d 40 (1968). By executing this Guarantee Agreement, Pledgor the Guarantor freely, irrevocably, and unconditionally: (iA) waives and relinquishes that defense and agrees agree that Pledgor the Guarantors will be fully liable under this Guarantee Agreement even though the Administrative Collateral Agent or any other person may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the IndebtednessObligations; (iiB) agrees that Pledgor the Guarantor will not assert that defense in any action or proceeding which the Administrative Collateral Agent or any other person may commence to enforce this Guarantee Agreement; (iiiC) acknowledges and agrees that the rights and defenses waived by Pledgor the Guarantor in this Guarantee Agreement include any right or defense that the Pledgor Guarantor may have had or be entitled to assert based on 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 Administrative Collateral Agent and each other Lender is the Lenders are relying on this waiver in creating the Indebtednessindebtedness, and that this waiver is a material part of the consideration which the Administrative Collateral Agent and each Lender is the Lenders are receiving for creating the Indebtednessindebtedness.