Common use of Xxxxxxx, 265 Cal Clause in Contracts

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

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

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

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

Xxxxxxx, 265 Cal. App. 2dApp.2d. 40 (1968). By executing this Guarantyguarantee, Guarantors Transferor freely, irrevocably, and unconditionally: (i) waive waives and relinquish relinquishes that defense and agree agrees that Guarantors Transferor will be fully liable under this Guaranty guarantee even though Agent Transferee may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the IndebtednessGuaranteed Obligations; (ii) agree agrees that Guarantors Transferor will not assert that defense in any action or proceeding which Agent Transferee may commence to enforce this Guarantyguarantee; (iii) acknowledge acknowledges and agree agrees that the rights and defenses waived by Guarantors Transferor in this Guaranty guarantee include any right or defense that Guarantors Transferor 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) acknowledge acknowledges and agree agrees that Agent Transferee is relying on this waiver in creating the Indebtednessentering into and performing its obligations under this Agreement, and that this waiver is a material part of the consideration which Agent Transferee is receiving for creating the Indebtednessentering into and performing its obligations under this Agreement.