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 Security Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Note as modified hereby; (ii) the liens, security interests and assignments created and evidenced by the Security Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited in the Security Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Security Documents, and the other obligations created or evidenced by the Security Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender's acts or omissions with respect to the Property, the Security Documents or Lender's performance under the Security Documents or with respect to the Property; (v) the representations and warranties contained in the Security Documents are 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 obligations under the terms and provisions of the 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 Security Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Note as modified herebyhereby and by the Amended and Restated Note; (ii) the liens, security interests and assignments created and evidenced by the Security Loan Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited in the Security Loan Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Security Loan Documents, and the other obligations created or evidenced by the Security Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender's acts or omissions with respect to the Property, the Security Loan Documents or Lender's performance under the Security Loan Documents or with respect to the Property; (v) the representations and warranties contained in the Security Loan Documents are 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 obligations under the terms and provisions of the Security Loan Documents. To the extent Borrower now hasany such claims, counterclaims, defenses, or in the future possesses, any claims, offsets, defenses or counterclaims against Lender or the repayment other causes of all or a portion of the Loanaction may now exist, whether known or unknown, fixed or contingentsuch items are forever RELEASED, same are hereby forever irrevocably waived and released in their entiretyDISCHARGED, 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 Security Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the Note $6,600,000.00 Note, as modified herebyhereby and of the $7,700,000.00 Note; (ii) the liens, security interests and assignments created and evidenced by the Security Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited in the Security Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Security Documents, and the other obligations created or evidenced by the Security Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender's acts or omissions with respect to the Property, the Security Documents or Lender's performance under the Security Documents or with respect to the Property; (v) the representations and warranties contained in the Security Documents are 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 obligations under the terms and provisions of the Security Documents. To the extent Borrower now has, or in the future possesses, 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 Security Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender pursuant to the terms of the 6.6 Note and the 7.7 Note, as modified hereby; (ii) the liens, security interests and assignments created and evidenced by the Security Loan Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited in the Security Loan Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Security Loan Documents, and the other obligations created or evidenced by the Security Loan Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of Lender's acts or omissions with respect to the Property, the Security Loan Documents or Lender's performance under the Security Loan Documents or with respect to the Property; (v) the representations and warranties contained in the Security Loan Documents are 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 obligations under the terms and provisions of the Security Loan Documents. To the extent Borrower now has, or in the future possesses, 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 restrict, or otherwise affect the obligations of Borrower or any third party to LenderNoteholder, as evidenced by the Security Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender Noteholder pursuant to the terms of the Note as reinstated and modified hereby; (ii) the liens, security interests and assignments created and evidenced by the Security Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited in the Security Documents; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Security Documents, and the other obligations created or evidenced by the Security Documents; (iv) Borrower has no claims, offsets, defenses or counterclaims arising from any of LenderNoteholder's acts or omissions with respect to the Property, the Security Documents or LenderNoteholder's performance under the Security Documents or with respect to the Property; (v) to the best of Borrower's knowledge, the representations and warranties contained in the Security Documents are materially true and correct representations and warranties of Borrower and third partiesBorrower, 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 LenderNoteholder's obligations under the terms and provisions of the Security Documents. To the extent Borrower now has, or in the future possesses, has any claims, offsets, defenses or counterclaims against Lender 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 Security Loan Documents. Borrower hereby acknowledges, agrees and represents that (i) Borrower is indebted to Lender Bank pursuant to the terms of the Note Notes as modified herebymodified; (ii) the liens, security interests and assignments created and evidenced by the Security Documents Instruments are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited in the Security DocumentsInstruments; (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 representations and warranties of Borrower and third parties, 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 Security 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.