Common use of Acknowledgment by Borrower Clause in Contracts

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Loan Documents as modified by the Loan Modification Documents; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited therein; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Loan Documents, and the other obligations created or evidenced by the Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s acts or omissions with respect to the Mortgaged Property, the Loan Documents or Lender’s performance under the Loan Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Documents are and remain true and correct as of the date hereof; and (vi) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s obligations under the terms and provisions of the Loan Documents.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Security Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Loan Documents $6,600,000.00 Note, as modified by hereby and of the Loan Modification Documents$7,700,000.00 Note; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Security Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Security Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Loan Security Documents, and the other obligations created or evidenced by the Loan Security Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s 's acts or omissions with respect to the Mortgaged Property, the Loan Security Documents or Lender’s 's performance under the Loan Security Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Security Documents are and remain true and correct representations and warranties in all material respects of Borrower and to the knowledge of Borrower, of any third parties, as of the date hereof; and (vi) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s 's obligations under the terms and provisions of the Loan Security Documents. To the extent Borrower now has any claims, offsets, defenses or counterclaims against Lender or the repayment of all or a portion of the Loan, whether known or unknown, fixed or contingent, same are hereby forever irrevocably waived and released in their entirety.

Acknowledgment by Borrower. Except as otherwise specified hereinIn order to induce Lender to execute and deliver this Assignment, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that that: (ia) Borrower is indebted to Lender pursuant to the terms of the Loan Documents as modified by the Loan Modification Documents; (iib) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Documents are, respectively, are valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Loan Documents; (iiic) there are Borrower has no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Loan Documents, and the other obligations created or evidenced by the Loan Documents; (ivd) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s acts or omissions with respect to the Mortgaged Property, the Loan Documents or Lender’s performance under the Loan Documents or with respect to the Mortgaged Property; (ve) the representations and warranties of Borrower contained in the Loan Documents are and remain true and correct as representations and warranties of the date hereofBorrower in all material respects; and (vif) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s obligations under the terms and provisions of the Loan Documents.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict restrict, or otherwise affect the obligations of Borrower or any third party to LenderNoteholder, as evidenced by the Loan Security Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender Noteholder pursuant to the terms of the Loan Documents Note as reinstated and modified by the Loan Modification Documentshereby; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Security Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Security Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Loan Documents, and the other obligations created or evidenced by the Loan Security Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s Noteholder's acts or omissions with respect to the Mortgaged Property, the Loan Security Documents or Lender’s Noteholder's performance under the Loan Security Documents or with respect to the Mortgaged Property; (v) to the best of Borrower's knowledge, the representations and warranties of Borrower contained in the Loan Security Documents are and remain materially true and correct representations and warranties of Borrower, as of the date hereofof this Agreement; and (vi) Lender Noteholder is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender Noteholder of Lender’s Noteholder's obligations under the terms and provisions of the Loan Security Documents. To the extent Borrower now has any claims, offsets, defenses or counterclaims against Noteholder or the repayment of all or a portion of the Loan, whether known or unknown, fixed or contingent, the same are hereby forever irrevocably waived and released in their entirety.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to LenderBank, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender Bank pursuant to the terms of the Loan Documents Notes as modified by the Loan Modification Documentsmodified; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Documents Security Instruments are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Security Instruments; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Security Instruments or the other Loan Documents, and the other obligations created or evidenced by the Security Instruments or the other Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s Bank's acts or omissions with respect to the Mortgaged Property, the Security Instruments or the other Loan Documents or Lender’s Bank's performance under the Security Instruments or the other Loan Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Agreement, the Security Instruments and the other Loan Documents are and remain true and correct as of the date hereof; and (vi) Lender Bank is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender Bank of Lender’s Bank's obligations under the terms and provisions of the Loan Documents.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Loan Documents 6.6 Note and the 7.7 Note, as modified by the Loan Modification Documentshereby; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Loan Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Loan Documents, and the other obligations created or evidenced by the Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s 's acts or omissions with respect to the Mortgaged Property, the Loan Documents or Lender’s 's performance under the Loan Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Documents are and remain true and correct representations and warranties in all material respects of Borrower and to the knowledge of Borrower, of any third parties, as of the date hereof; and (vi) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s 's obligations under the terms and provisions of the Loan Documents. To the extent Borrower now has any claims, offsets, defenses or counterclaims against Lender or the repayment of all or a portion of the Loan, whether known or unknown, fixed or contingent, same are hereby forever irrevocably waived and released in their entirety.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Loan Documents Note as modified hereby and by the Loan Modification DocumentsAmended and Restated Note; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Loan Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Loan Documents, and the other obligations created or evidenced by the Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s 's acts or omissions with respect to the Mortgaged Property, the Loan Documents or Lender’s 's performance under the Loan Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Documents are and remain true and correct representations and warranties of Borrower and third parties, as of the date hereof; and (vi) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s 's obligations under the terms and provisions of the Loan Documents. To the extent any such claims, counterclaims, defenses, or other causes of action may now exist, whether known or unknown, such items are forever RELEASED, DISCHARGED, AND WAIVED by Borrower.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Loan Documents as modified by the Loan Modification DocumentsAmended Note; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Loan Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Loan Documents, and the other obligations created or evidenced by the Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s acts or omissions with respect to the Mortgaged Property, the Loan Documents or Lender’s performance under the Loan Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Documents are and remain true and correct representations and warranties of Borrower and third parties, as of the date hereof; and (viiv) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s obligations under the terms and provisions of the Loan Documents. To the extent Borrower now has any claims, offsets, defenses or counterclaims against Lender or the repayment of all or a portion of the Loan, whether known or unknown, fixed or contingent, same are hereby forever irrevocably waived and released in their entirety.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner release, impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Term Note and the Revolving Note and the other Loan Documents as modified by the Loan Modification Documents; (ii) the liens, security interests and assignments created and evidenced by the Deeds Deed of Trust and the other Loan Documents are, respectively, Security Agreement are valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Deed of Trust and the Security Agreement; (iii) there are Borrower has no claims or offsets against, or defenses or counterclaims to, or with respect to, the terms or provisions of the Loan Documents, and or of any sums owed to Lender under, or of the other covenants and obligations created or evidenced by the Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s 's acts or omissions with respect to the Mortgaged Property, the Loan Documents or Lender’s 's performance under the Loan Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Agreement, the Deed of Trust and the other Loan Documents are and remain true and correct as of the date hereof; and (vi) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s 's obligations under the terms and provisions of the Loan Documents; and (vii) Lender, on and as of the date hereof, has fully performed all obligations to Borrower which Lender may have had or has on and as of the date hereof.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to LenderBank, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender Bank pursuant to the terms of the Loan Documents Notes as modified by the Loan Modification Documentsmodified; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Documents Security Instruments are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Security Instruments; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Security Instruments or the other Loan Documents, and the other obligations created or evidenced ‘by the Security Instruments or the other Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of LenderBank’s acts or omissions with respect to the Mortgaged Property, the Security Instruments or the other Loan Documents or LenderBank’s performance under the Security Instruments or the other Loan Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Agreement, the Security Instruments and the other Loan Documents are and remain true and correct as of the date hereof; and (vi) Lender Bank is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender Bank of LenderBank’s obligations under the terms and provisions of the Loan Documents.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Security Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Loan Documents Note as modified by the Loan Modification Documentshereby; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Security Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Security Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Loan Security Documents, and the other obligations created or evidenced by the Loan Security Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s 's acts or omissions with respect to the Mortgaged Property, the Loan Security Documents or Lender’s 's performance under the Loan Security Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Security Documents are and remain true and correct representations and warranties of Borrower and third parties, as of the date hereof; and (vi) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s 's obligations under the terms and provisions of the Loan Security Documents. To the extent Borrower now has, or in the future possesses, any claims, offsets, defenses or counterclaims against Lender or the repayment of all or a portion of the Loan, whether known or unknown, fixed or contingent, same are hereby forever irrevocably waived and released in their entirety.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Loan Documents as modified by the Loan Modification Documents; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited therein; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Loan Documents, and the other obligations created or evidenced by the Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s 's acts or omissions with respect to the Mortgaged Property, the Loan Documents or Lender’s 's performance under the Loan Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Documents are and remain true and correct as of the date hereof; and (vi) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s 's obligations under the terms and provisions of the Loan Documents.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Loan Documents Note as modified by the Loan Modification Documentshereby; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Loan Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Loan Documents, and the other obligations created or evidenced by the Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s 's acts or omissions with respect to the Mortgaged Property, the Loan Documents or Lender’s 's performance under the Loan Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Documents are and remain true and correct representations and warranties of Borrower and third parties, as of the date hereof; (vi) Borrower is in compliance with all covenants contained in the Loan Documents; and (vivii) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s 's obligations under the terms and provisions of the Loan Documents. To the extent Borrower now has, or in the future possesses, any claims, offsets, defenses or counterclaims against Lender or the repayment of all or a portion of the Loan, whether known or unknown, fixed or contingent, same are hereby forever irrevocably waived and released in their entirety.

Acknowledgment by Borrower. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrower or any third party to Lender, as evidenced by the Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Loan Documents Notes as modified by the Loan Modification Documentsmodified; (ii) the liens, security interests and assignments created and evidenced by the Deeds of Trust and the other Loan Documents Security Instruments are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited thereinin the Security Instruments; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Security Instruments or the other Loan Documents, and the other obligations created or evidenced by the Security Instruments or the other Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender’s 's acts or omissions with respect to the Mortgaged Property, the Security Instruments or the other Loan Documents or Lender’s 's performance under the Security Instruments or the other Loan Documents or with respect to the Mortgaged Property; (v) the representations and warranties of Borrower contained in the Loan Agreement, the Security Instruments and the other Loan Documents are and remain true and correct as of the date hereof; and (vi) Lender is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Lender of Lender’s 's obligations under the terms and provisions of the Loan Documents.