Common use of Counterclaims Clause in Contracts

Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any kind, nature or description in any action or proceeding instituted by Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating thereto, except compulsory counterclaims.

Appears in 7 contracts

Samples: Loan and Security Agreement (Xircom Inc), Loan and Security Agreement (Dynamic Health Products Inc), Loan Agreement (Bradley Pharmaceuticals Inc)

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Counterclaims. Borrower waives all rights any right to interpose any claimsclaim, deductionsdeduction, setoffs setoff or counterclaims counterclaim of any kindsort (other than compulsory counterclaims) that Borrower may have, nature or description allege, as against Lender or any of its Affiliates in any action or proceeding instituted by Lender with respect to this Agreementendorse the payment of any obligations or the performance of any Loan Document, the Obligationsall of which claims, the Collateral deductions, setoffs or counterclaims shall and must be brought against Lender or any matter arising therefrom of its Affiliates, as the case may be, if at all by a separate and independent action or relating thereto, except compulsory counterclaimsproceeding initiated by Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Natural Alternatives International Inc), Loan and Security Agreement (LCC International Inc), Loan and Security Agreement (National Rv Holdings Inc)

Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any kind, nature or description in any action or proceeding instituted by Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising arrising therefrom or relating thereto, except compulsory counterclaims.

Appears in 2 contracts

Samples: Loan and Security Agreement (Drugmax Com Inc), Loan and Security Agreement (Dynamic Health Products Inc)

Counterclaims. Each Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any kind, nature or description in any action or proceeding instituted by Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating thereto, except compulsory counterclaims.

Appears in 1 contract

Samples: Loan and Security Agreement (Mendocino Brewing Co Inc)

Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs setoff or counterclaims of any kind, nature or description in any action or proceeding instituted by Agent or any Lender or their respective affiliates with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating thereto, except compulsory counterclaims.

Appears in 1 contract

Samples: Loan and Security Agreement (Buckeye Partners L P)

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Counterclaims. Borrower waives and Guarantor waive all rights to interpose any claims, deductions, setoffs or counterclaims of any kind, nature or description in any action or proceeding instituted by Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating thereto, except compulsory counterclaims.

Appears in 1 contract

Samples: Loan and Security Agreement (Ride Inc)

Counterclaims. Borrower waives Borrowers waive all rights to interpose any claims, deductions, setoffs or counterclaims of any kind, nature or description in any action or proceeding instituted by Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating thereto, except compulsory counterclaims.

Appears in 1 contract

Samples: Loan and Security Agreement (For Better Living Inc)

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