Common use of Certain Waivers Clause in Contracts

Certain Waivers. Accentia waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 7 contracts

Sources: Assumption of Debt and Security Agreement, Assumption of Debt and Security Agreement (Accentia Biopharmaceuticals Inc), Assumption of Debt and Security Agreement (Accentia Biopharmaceuticals Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 5 contracts

Sources: Security Agreement (Marrone Bio Innovations Inc), Security Agreement (California Capital Equity, LLC), Security Agreement (KeyOn Communications Holdings Inc.)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 5 contracts

Sources: Security Agreement (General Cannabis Corp), Security Agreement (Transdel Pharmaceuticals Inc), Security Agreement (Aksys LTD)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (ia) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (iib) any right to require Secured Party (Ai) to proceed against any Person, (Bii) to exhaust any other Collateral collateral or security for any of the Obligations, (Ciii) to pursue any remedy in Secured Party’s power, or (Div) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iiic) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 4 contracts

Sources: Security Agreement (Biodelivery Sciences International Inc), Security Agreement (Biodelivery Sciences International Inc), Security Agreement (Biodelivery Sciences International Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s 's power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 3 contracts

Sources: Security Agreement (North American Vaccine Inc), Secured Promissory Note (Chemdex Corp), Security Agreement (North American Vaccine Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s 's power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 3 contracts

Sources: Security Agreement (North American Vaccine Inc), Security Agreement (Lifef X Inc), Security Agreement (North American Vaccine Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party McKesson (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured PartyMcKesson’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party McKesson arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 2 contracts

Sources: Credit Agreement (Accentia Biopharmaceuticals Inc), Security Agreement (Accentia Biopharmaceuticals Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require the Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, or (C) to pursue any remedy in Secured Party’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against the Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral, other than claims for violations of law and willful misconduct.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Synbiotics Corp), Security Agreement (Escalon Medical Corp)

Certain Waivers. Accentia The Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require the Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in the Secured Party’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against the Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 2 contracts

Sources: Security Agreement (Bbooth, Inc.), Security Agreement (Bbooth, Inc.)

Certain Waivers. Accentia Claimant waives, to the fullest extent permitted by applicable law: 12.7.1. except for the exercise of reasonable care in the custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, (i) any duty of ▇▇▇▇▇▇▇ or Collateral Agent as to the preservation of any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral; 12.7.2. any right of redemption with respect to the Collateral, whether before require ▇▇▇▇▇▇▇ or after sale hereunder, and all rights, if any, of marshalling Collateral Agent to marshal any of the Collateral or other collateral or security for any of the Secured Obligations; (ii) and 12.7.3. any right to require Secured Party ▇▇▇▇▇▇▇ or Collateral Agent (Aa) to proceed against any Personparty, (Bb) to exhaust any other Collateral collateral or security for any of the Secured Obligations, (Cc) to pursue any remedy in Secured Party’s powerto the exclusion of any other remedy, or (Dd) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 2 contracts

Sources: Litigation Funding Agreement, Litigation Funding Agreement (Prism Technologies Group, Inc.)

Certain Waivers. Accentia Borrower waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party Lender (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured PartyLender’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or protests, notices of dishonor dishonor, notice of acceleration, or notice of intent to accelerate in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party Lender arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 2 contracts

Sources: Loan and Security Agreement (Sysorex, Inc.), Loan and Security Agreement (Inpixon)

Certain Waivers. Accentia (a) The Grantor waives, to the fullest extent permitted by law, : (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require the Secured Party Parties to: (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, or (C) to pursue except as provided herein or in any remedy in Secured Party’s powerof the Notes, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, damages and demands against the Secured Party Parties arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 2 contracts

Sources: Security Agreement (Atrinsic, Inc.), Security Agreement (Atrinsic, Inc.)

Certain Waivers. Accentia waivesGrantors waive, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Secured Obligations; (ii) any right to require Secured Party the Agent (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Secured Obligations, (C) to pursue any remedy in Secured Party’s the Agent's power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests protests, or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party the Agent arising out of the repossession, retention, sale sale, or application of the proceeds of any sale of the Collateral.

Appears in 2 contracts

Sources: Security Agreement (Central Financial Acceptance Corp), Security Agreement (Hispanic Express Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require a Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, or (C) to pursue any remedy in Secured Party’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against a Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral, other than claims for violations of law and willful misconduct.

Appears in 1 contract

Sources: Security Agreement (Diametrics Medical Inc)

Certain Waivers. Accentia Each Grantor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Guarantor Security Agreement (Aksys LTD)

Certain Waivers. Accentia Each Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Security Agreement (Luna Innovations Inc)

Certain Waivers. Accentia Grantor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Patent Security Agreement (Ciphergen Biosystems Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, here-under and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party McKesson (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured PartyMcKesson’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party McKesson arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Credit Agreement (Accentia Biopharmaceuticals Inc)

Certain Waivers. Accentia Each Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Security Agreement (Hansen Medical Inc)

Certain Waivers. Accentia Borrower waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party Lender (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s Lender's power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party Lender arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Loan and Security Agreement (Endocare Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (ia) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (iib) any right to require Secured Party (Ai) to proceed against any Person, (Bii) to exhaust any other Collateral collateral or security for any of the Obligations, (Ciii) to pursue any remedy in Secured Party’s power, or (Div) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iiic) all claims, damages, and demands against Secured Party or any Lender arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Security Agreement (GRANDPARENTS.COM, Inc.)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s Party s power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Security Agreement (Panda Project Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Personperson, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s 's power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Obligations or Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Security Agreement (Splitrock Services Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (i) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (ii) any right to require Secured Party (A) to proceed against any Person, (B) to exhaust any other Collateral collateral or security for any of the Obligations, (C) to pursue any remedy in Secured Party’s 's power, or (D) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party or any Purchaser arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Security Agreement (Powerlinx Inc)

Certain Waivers. Accentia Debtor waives, to the fullest extent permitted by law, (ia) any right of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling of the Collateral or other collateral or security for the Obligations; (iib) any right to require a Secured Party (Ai) to proceed against any Personperson, (Bii) to exhaust any other Collateral collateral or security for any of the Obligations, (Ciii) to pursue any remedy in a Secured Party’s 's power, or (Div) to make or give any presentments, demands for performance, notices of nonperformance, protests, notices of protests or notices of dishonor in connection with any of the Collateral; and (iii) all claims, damages, and demands against Secured Party arising out of the repossession, retention, sale or application of the proceeds of any sale of the Collateral.

Appears in 1 contract

Sources: Security Agreement (Neoprobe Corp)