Common use of Specific Waivers Clause in Contracts

Specific Waivers. Without limiting the generality of any other provision of this Guaranty, Guarantor hereby expressly waives, to the fullest extent permitted by applicable law: (a) notice of the acceptance by any beneficiary of this Guaranty; (b) notice of the existence, creation, payment, nonpayment, performance or nonperformance of all or any of the Liabilities; (c) presentment, demand, notice of dishonor, protest, notice of protest, notice of intent to accelerate, notice of acceleration, and all other notices whatsoever with respect to the payment or performance of the Liabilities or the amount thereof or any payment or performance by Guarantor hereunder; (d) all diligence in collection or protection of or realization upon the Liabilities or any thereof, any obligation hereunder or any security for or guaranty of any of the foregoing; [Healing Company] Guaranty (e) any right to direct or affect the manner or timing of Administrative Agent’s enforcement of their rights or remedies; (f) any defense, right of set-off, recoupment, or other claim whatsoever (other than payment in full and performance in full of all of the Liabilities in accordance with the terms of the Credit Documents) that Company or any third party may or might have to the payment or performance of the Liabilities; (g) any and all defenses which would otherwise arise upon the occurrence of any event or contingency described in Paragraph 2 hereof or upon the taking of any action by Administrative Agent permitted hereunder; (h) any defense, right of set-off, recoupment, claim or counterclaim whatsoever (other than payment and performance in full of all of the Liabilities in accordance with the terms of the Credit Documents), and any and all other rights, benefits, protections and other defenses which Guarantor may have, against Administrative Agent now or at any time hereafter, to full payment or performance of the Liabilities pursuant to the terms of this Guaranty; and (i) all other principles or provisions of law, if any, that conflict with the terms of this Guaranty, including, without limitation, the effect of any circumstances that may or might constitute a legal or equitable discharge of a guarantor or surety.

Appears in 1 contract

Sources: Guaranty (Healing Co Inc.)

Specific Waivers. Without limiting the generality of any other provision of this Guaranty, each Guarantor hereby expressly waives, to the fullest extent permitted by applicable law: (a) a. notice of the acceptance by any beneficiary Agent of this Guaranty; (b) b. notice of the existence, creation, payment, nonpayment, performance or nonperformance of all or any of the Liabilities; (c) c. presentment, demand, notice of dishonor, protest, notice of protest, notice of intent to accelerate, notice of acceleration, and all other notices whatsoever with respect to the payment or performance of the Liabilities or the amount thereof or any payment or performance by Guarantor Guarantors hereunder; (d) d. all diligence in collection or protection of or realization upon the Liabilities or any thereof, any obligation hereunder or any security for or guaranty of any of the foregoing; [Healing Company] Guaranty; (e) e. any right to direct or affect the manner or timing of Administrative Agent’s enforcement of their its rights or remedies; (f) f. any defense, right of set-off, recoupment, off or other claim whatsoever (other than payment in full and performance in full of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Credit Loan Documents) that Company any Borrower or any third party may or might have to the payment or performance of the Liabilities; (g) g. any and all defenses which would otherwise arise upon the occurrence of any event or contingency described in Paragraph 2 1 hereof or upon the taking of any action by Administrative Agent permitted hereunder; (h) h. any defense, right of set-off, recoupment, claim or counterclaim whatsoever (other than payment and performance in full or part of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Credit Loan Documents), and any and all other rights, benefits, protections and other defenses which such Guarantor may have, against Administrative Agent or any Lender now or at any time hereafter, to full payment or performance of the Liabilities pursuant to the terms of this Guaranty; and (i) i. all other principles or provisions of law, if any, that conflict with the terms of this Guaranty, including, without limitation, the effect of any circumstances that may or might constitute a legal or equitable discharge of a guarantor or surety.

Appears in 1 contract

Sources: Guaranty (Flotek Industries Inc/Cn/)

Specific Waivers. Without limiting the generality of any other provision of this Guaranty, Guarantor hereby expressly waives, waives (except to the fullest extent permitted by applicable law:provided otherwise in any Loan Document): (a) a. notice of the acceptance by any beneficiary Agent of this Guaranty; (b) b. notice of the existence, creation, payment, nonpayment, performance or nonperformance of all or any of the Liabilities; (c) c. presentment, demand, notice of dishonor, protest, notice of protest, notice of intent to accelerate, notice of acceleration, and all other notices whatsoever with respect to the payment or performance of the Liabilities or the amount thereof or any payment or performance by Guarantor hereunder; (d) d. all diligence in collection or protection of or realization upon the Liabilities or any thereof, any obligation hereunder or any security for or guaranty of any of the foregoing; [Healing Company] Guaranty; (e) e. any right to direct or affect the manner or timing of Administrative Agent’s enforcement of their its rights or remedies; (f) f. any defense, right of set-off, recoupment, off or other claim whatsoever (other than payment in full and performance in full of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Credit Loan Documents) that Company any Borrower or any third party may or might have to the payment or performance of the Liabilities; (g) g. any and all defenses which would otherwise arise upon the occurrence of any event or contingency described in Paragraph 2 1 hereof or upon the taking of any action by Administrative Agent permitted hereunder; (h) h. any defense, right of set-off, recoupment, claim or counterclaim whatsoever (other than payment and performance in full or part of all of the Liabilities after any termination of the Credit Agreement in accordance with the terms of the Credit Loan Documents), and any and all other rights, benefits, protections and other defenses which Guarantor may have, against Administrative Agent now or at any time hereafter, to full payment or performance of the Liabilities pursuant to the terms of this Guaranty; and (i) i. all other principles or provisions of law, if any, that conflict with the terms of this Guaranty, including, without limitation, the effect of any circumstances that may or might constitute a legal or equitable discharge of a guarantor or surety.

Appears in 1 contract

Sources: Guaranty (Englobal Corp)