Certain Waivers by Guarantor. To the fullest extent permitted by law, each Guarantor does hereby: (a) (a) waive notice of acceptance of this Agreement by Agent, Term Loan Servicer and Lenders and any and all notices and demands of every kind which may be required to be given by any statute, rule or law; (b) agree to refrain from asserting, until after repayment in full of the Obligations, any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against any Borrower; (c) waive any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against Agent, Term Loan Servicer, Lenders or the holder of the Notes; (d) waive any and all rights such Guarantor may have under any anti-deficiency statute or other similar protections; (e) waive all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower, any other Guarantor or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations until the Obligations have been paid in full; (f) waive presentment for payment, demand for payment, notice of nonpayment or dishonor, protest and notice of protest, diligence in collection and any and all formalities which otherwise might be legally required to charge such Guarantor with liability;
Appears in 1 contract
Sources: Credit, Security and Guaranty Agreement (NeuroPace Inc)
Certain Waivers by Guarantor. To the fullest extent permitted by law, each Guarantor does hereby: (a)
(a) waive notice of acceptance of this Agreement by Agent, Term Loan Servicer Agent and Lenders and any and all notices and demands of every kind which may be required to be given by any statute, rule or law;
(ba) agree to refrain from asserting, until after repayment in full of the Obligations, any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against any Borrower;
(cb) waive any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against Agent, Term Loan Servicer, Lenders or the holder of the Notes;
(dc) waive any and all rights such Guarantor may have under any anti-deficiency statute or other similar protections;
(ed) waive all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower, any other Guarantor or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations until the Obligations have been paid in full;
(fe) waive presentment for payment, demand for payment, notice of nonpayment or dishonor, protest and notice of protest, diligence in collection and any and all formalities which otherwise might be legally required to charge such Guarantor with liability;
Appears in 1 contract
Sources: Credit, Security and Guaranty Agreement (Xtant Medical Holdings, Inc.)
Certain Waivers by Guarantor. To the fullest extent permitted by law, each Guarantor does hereby: (a):
(a) waive notice of acceptance of this Agreement by Agent, Term Loan Servicer and Lenders and any and all notices and demands of every kind which may be required to be given by any statute, rule or law;
(b) agree to refrain from asserting, until after repayment in full of the Obligations, any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against any Borrower;
(c) waive any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against Agent, Term Loan Servicer, Lenders or the holder of the Notes;
(d) waive any and all rights such Guarantor may have under any anti-deficiency statute or other similar protections;
(e) waive all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower, any other Guarantor or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations until the Obligations have been paid in full;
(f) waive presentment for payment, demand for payment, notice of nonpayment or dishonor, protest and notice of protest, diligence in collection and any and all formalities which otherwise might be legally required to charge such Guarantor with liability;
Appears in 1 contract
Sources: Credit, Security and Guaranty Agreement (Evolv Technologies Holdings, Inc.)
Certain Waivers by Guarantor. To the fullest extent permitted by law, each Guarantor does hereby: (a):
(a) waive notice of acceptance of this Agreement by Agent, Term Loan Servicer and Lenders and any and all notices and demands of every kind which may be required to be given by any statute, rule or law;
(b) agree to refrain from asserting, until after repayment in full of the Obligations, any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against any Borrower;; MidCap / Viewray / Credit, Security and Guaranty Agreement
(c) waive any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against Agent, Term Loan Servicer, Lenders or the holder of the Notes;
(d) waive any and all rights such Guarantor may have under any anti-deficiency statute or other similar protections;
(e) waive all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower, any other Guarantor or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations until the Obligations have been paid in full;
(f) waive presentment for payment, demand for payment, notice of nonpayment or dishonor, protest and notice of protest, diligence in collection and any and all formalities which otherwise might be legally required to charge such Guarantor with liability;
Appears in 1 contract
Sources: Credit, Security and Guaranty Agreement (ViewRay, Inc.)
Certain Waivers by Guarantor. To the fullest extent permitted by law, each Guarantor does hereby: (a)
(a) waive notice of acceptance of this Agreement by Agent, Term Loan Servicer and Lenders and any and all notices and demands of every kind which may be required to be given by any statute, rule or law;
(b) agree to refrain from asserting, until after repayment in full of the Obligations, any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against any Borrower;; MidCap / Apyx Medical / Credit, Security and Guaranty Agreement
(c) waive any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against Agent, Term Loan Servicer, Lenders or the holder of the Notes;
(d) waive any and all rights such Guarantor may have under any anti-deficiency statute or other similar protections;
(e) waive all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower, any other Guarantor or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations until the Obligations have been paid in full;
(f) waive presentment for payment, demand for payment, notice of nonpayment or dishonor, protest and notice of protest, diligence in collection and any and all formalities which otherwise might be legally required to charge such Guarantor with liability;
Appears in 1 contract
Sources: Credit, Security and Guaranty Agreement (Apyx Medical Corp)
Certain Waivers by Guarantor. To the fullest extent permitted by law, each Guarantor does hereby: (a):
(a) waive notice of acceptance of this Agreement by Agent, Term Loan Servicer Agent and Lenders and any and all notices and demands of every kind which may be required to be given by any statute, rule or law;
(b) agree to refrain from asserting, until after repayment in full of the Obligations, any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against any Borrower;
(c) waive any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against Agent, Term Loan Servicer, Lenders or the holder of the Notes;
(d) waive any and all rights such Guarantor may have under any anti-deficiency statute or other similar protections;
; [***]: CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION. Quotient Credit Agreement 42 (e) waive all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower, any other Guarantor or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations until the Obligations have been paid in full;
(f) waive presentment for payment, demand for payment, notice of nonpayment or dishonor, protest and notice of protest, diligence in collection and any and all formalities which otherwise might be legally required to charge such Guarantor with liability;
Appears in 1 contract
Sources: Credit, Guaranty and Security Agreement (Quotient LTD)
Certain Waivers by Guarantor. To the fullest extent permitted by law, each Guarantor does hereby: (a):
(a) waive notice of acceptance of this Agreement by Agent, Term Loan Servicer Agent and Lenders and any and all notices and demands of every kind which may be required to be given by any statute, rule or law;
(b) agree to refrain from asserting, until after repayment in full of the ObligationsObligations (other than contingent indemnification obligations for which no claim has been made), any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against any Borrower;
(c) waive any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against Agent, Term Loan Servicer, Lenders or the holder of the Notes;
(d) waive any and all rights such Guarantor may have under any anti-deficiency statute or other similar protections;
(e) waive all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower, any other Guarantor or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations until the Obligations have been paid in full;
(f) waive presentment for payment, demand for payment, notice of nonpayment or dishonor, protest and notice of protest, diligence in collection and any and all formalities which otherwise might be legally required to charge such Guarantor with liability;
Appears in 1 contract
Sources: Credit, Security and Guaranty Agreement (Cerus Corp)
Certain Waivers by Guarantor. To the fullest extent permitted by law, each Guarantor does hereby: (a):
(a) waive notice of acceptance of this Agreement by Agent, Term Loan Servicer Agent and Lenders ▇▇▇▇▇▇▇ and any and all notices and demands of every kind which may be required to be given by any statute, rule or law;
(b) agree to refrain from asserting, until after repayment in full of the ObligationsObligations (other than contingent indemnification obligations for which no claim has been made), any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against any Borrower;
(c) waive any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against Agent, Term Loan Servicer, Lenders or the holder of the Notes;
(d) waive any and all rights such Guarantor may have under any anti-deficiency statute or other similar protections;
(e) waive all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower, any other Guarantor or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations until the Obligations have been paid in full;
(f) waive presentment for payment, demand for payment, notice of nonpayment or dishonor, protest and notice of protest, diligence in collection and any and all formalities which otherwise might be legally required to charge such Guarantor with liability;
Appears in 1 contract
Sources: Credit, Security and Guaranty Agreement (Revolving Loan) (Cerus Corp)
Certain Waivers by Guarantor. To the fullest extent permitted by law, each Guarantor does hereby: (a)
(a) waive notice of acceptance of this Agreement by Agent, Term Loan Servicer Agent and Lenders L▇▇▇▇▇▇ and any and all notices and demands of every kind which may be required to be given by any statute, rule or law;
(ba) agree to refrain from asserting, until after repayment in full of the Obligations, any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against any Borrower;
(cb) waive any defense, right of set-off, right of recoupment or other claim which such Guarantor may have against Agent, Term Loan Servicer, Lenders or the holder of the Notes;
(dc) waive any and all rights such Guarantor may have under any anti-deficiency statute or other similar protections;
(ed) waive all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower, any other Guarantor or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations until the Obligations have been paid in full;
(fe) waive presentment for payment, demand for payment, notice of nonpayment or dishonor, protest and notice of protest, diligence in collection and any and all formalities which otherwise might be legally required to charge such Guarantor with liability;
Appears in 1 contract
Sources: Credit, Security and Guaranty Agreement (Revolving Loan) (Xtant Medical Holdings, Inc.)