Common use of Claims Against Lender Clause in Contracts

Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower shall have been given to Lender within three (3) months after Borrower first had knowledge of the occurrence of the event which Borrower alleges gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Borrower waives any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which Borrower does not give such notice timely as aforesaid. Borrower acknowledges that such waiver is or may be essential to Lender’s ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower with regard to the Loan.

Appears in 7 contracts

Samples: Loan Agreement (Bank of Commerce Holdings), Loan Agreement (YADKIN FINANCIAL Corp), Loan Agreement (Intermountain Community Bancorp)

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Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of any Borrower shall have been given to Lender within three (3) months after such Borrower first had knowledge of the occurrence of the event which such Borrower alleges gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Each Borrower waives any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which such Borrower does not give such notice timely as aforesaid. Each Borrower acknowledges that such waiver is or may be essential to Lender’s ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower Borrowers with regard to the Loan.

Appears in 4 contracts

Samples: Secured Loan Agreement, Secured Loan Agreement (CNL Healthcare Trust, Inc.), Secured Loan Agreement (CNL Healthcare Trust, Inc.)

Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower Borrowers shall have been given to Lender within three (3) months after Borrower Borrowers first had knowledge of the occurrence of the event which Borrower alleges Borrowers allege gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Borrower waives Borrowers waive any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which Borrower does Borrowers do not give such notice timely as aforesaid. Borrower acknowledges Borrowers acknowledge that such waiver is or may be essential to Lender’s ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower Borrowers with regard to the Loan.

Appears in 2 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Claims Against Lender. Lender shall not be in default under this Agreement, or under any of the other Loan Documents, unless a written notice specifically setting forth the claim of Borrower Borrowers shall have been given to Lender within three (3) months after Borrower any Borrowers first had knowledge of the occurrence of the event which Borrower alleges that Borrowers allege gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Each Borrower waives any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which Borrower does Borrowers do not give such notice timely as aforesaid. Each Borrower acknowledges that such waiver is or may be essential to Lender’s ability to enforce its Lender’s remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower Borrowers with regard respect to the Loan.

Appears in 2 contracts

Samples: Loan Agreement (GTJ REIT, Inc.), Loan Agreement (GTJ REIT, Inc.)

Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower shall have been given to Lender within three (3) months after Borrower Borrowers first had knowledge of the occurrence of the event which Borrower alleges Borrowers allege gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Borrower waives Borrowers waive any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which Borrower does Borrowers do not give such notice timely as aforesaid. Borrower acknowledges Borrowers acknowledge that such waiver is or may be essential to Lender’s ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower Borrowers with regard to the Loan.

Appears in 2 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)

Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower shall have been given to Lender within three (3) months after Borrower first had knowledge of the occurrence of the event which Borrower alleges gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Borrower waives any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which Borrower does not give such notice timely as aforesaid. Borrower acknowledges that such waiver is or may be essential to Lender’s 's ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower with regard to the Loan.

Appears in 1 contract

Samples: Loan Agreement (Wellsford Real Properties Inc)

Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower shall have been given to Lender within three twelve (312) months after Borrower first had knowledge actual Knowledge of the occurrence of the event which Borrower alleges gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Borrower waives any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which Borrower does not give such notice timely as aforesaid. Borrower acknowledges that such waiver is or may be essential to Lender’s ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower with regard to the LoanLoans.

Appears in 1 contract

Samples: Loan Agreement (First Foundation Inc.)

Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower Borrowers shall have been given to Lender within three (3) months after any Borrower first had knowledge of the occurrence of the event which Borrower alleges Borrowers allege gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Each Borrower waives any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which Borrower does Borrowers do not give such notice timely as aforesaid. Each Borrower acknowledges that such waiver is or may be essential to Lender’s ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower Borrowers with regard to the Loan.

Appears in 1 contract

Samples: Secured Loan Agreement (Adcare Health Systems, Inc)

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Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower shall have been given to Lender within three twelve (312) months after Borrower first had knowledge actual Knowledge of the occurrence of the event which Borrower alleges gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Borrower waives any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which Borrower does not give such notice timely as aforesaid. Borrower acknowledges that such waiver is or may be essential to Lender’s ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower with regard to the Loan.

Appears in 1 contract

Samples: Loan Agreement (First Foundation Inc.)

Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower shall have been given to Lender within three (3) months after Borrower Xxxxxxxx first had knowledge of the occurrence of the event which Borrower alleges gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Borrower waives any claim, set-off or defense against Lender arising by reason of any alleged default by Lender Xxxxxx as to which Borrower does not give such notice timely as aforesaid. Borrower acknowledges that such waiver is or may be essential to LenderXxxxxx’s ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower with regard to the LoanLoans.

Appears in 1 contract

Samples: Loan Agreement (NexPoint Real Estate Finance, Inc.)

Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower shall have been given to Lender within three one (31) months year after Borrower first had actual knowledge of the occurrence of the event which Borrower alleges gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Borrower waives any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which Borrower does not give such notice timely as aforesaid. Borrower acknowledges that such waiver is or may be essential to Lender’s ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower with regard to the LoanLoans.

Appears in 1 contract

Samples: Loan Agreement (ServisFirst Bancshares, Inc.)

Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower shall have been given to Lender within three (3) months after Borrower Xxxxxxxx first had knowledge of the occurrence of the event which Borrower alleges gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Borrower waives any claim, set-off set‑off or defense against Lender arising by reason of any alleged default by Lender Xxxxxx as to which Borrower does not give such notice timely as aforesaid. Borrower acknowledges that such waiver is or may be essential to LenderXxxxxx’s ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower with regard to the LoanLoans.

Appears in 1 contract

Samples: Loan Agreement (Nexpoint Diversified Real Estate Trust)

Claims Against Lender. Lender shall not be in default under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of Borrower shall have been given to Lender within three (3) months after Borrower first had knowledge of the occurrence of the event which Borrower alleges gave rise to such claim and Lender does not remedy or cure the default, if any there be, promptly thereafter. Borrower waives any claim, set-off or defense against Lender arising by reason of any alleged default by Lender as to which Borrower does not give such notice timely as aforesaid. Borrower acknowledges that such waiver is or may be essential to Lender’s 's ability to enforce its remedies without delay and that such waiver therefore constitutes a substantial part of the bargain between Lender and Borrower with regard to the Loan.the

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

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