We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of NO DEFENSES OF BORROWER Clause in Contracts

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 489 contracts

Samples: Loan and Security Agreement (Outbrain Inc.), Loan Modification Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Aspen Aerogels Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against the Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against the Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES the Bank from any liability thereunder.

Appears in 15 contracts

Samples: Loan Modification Agreement (Double-Take Software, Inc.), Loan Modification Agreement (Ibasis Inc), Loan Modification Agreement (Parlex Corp)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank Agent and/or the Lenders with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against BankAgent and/or the Lenders, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank Agent and/or the Lenders from any liability thereunder.

Appears in 12 contracts

Samples: Loan Modification Agreement, Loan Modification Agreement, Loan and Security Agreement (PTC Therapeutics, Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that that, as of the date of this Loan Modification Agreement, Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 12 contracts

Samples: Loan Modification Agreement, Loan Modification Agreement (Satcon Technology Corp), Loan Modification Agreement (Satcon Technology Corp)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against the Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against the Bank, whether known or unknown, at law or in equity, all of them tem are hereby expressly WAIVED and Borrower hereby RELEASES the Bank from any liability thereunder.

Appears in 10 contracts

Samples: Loan Modification Agreement (Double-Take Software, Inc.), Loan Modification Agreement (Satcon Technology Corp), Loan Modification Agreement (Double-Take Software, Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower now has no offsets, defenses, claims, or counterclaims against Bank Agent or Lenders with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against BankAgent or Lenders, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank Agent and Lenders from any liability thereunder.

Appears in 8 contracts

Samples: Loan Modification Agreement (GAIN Capital Holdings, Inc.), Loan Modification Agreement (GAIN Capital Holdings, Inc.), Loan Modification Agreement (GAIN Capital Holdings, Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank the Lenders with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bankany of the Lenders, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank each of the Lenders from any liability thereunder.

Appears in 4 contracts

Samples: Loan Modification Agreement, Loan Modification Agreement (Vericel Corp), Loan Modification Agreement (Vericel Corp)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that that, as of the Effective Date, Borrower has no offsets, defenses, claims, or counterclaims against Bank Agent or Lenders with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against BankAgent or Lenders, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank Agent and Lenders from any liability thereunder.

Appears in 4 contracts

Samples: Term Loan and Security Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems Inc), Term Loan and Security Agreement (A123 Systems, Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank Lender with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against BankLender, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank Lender from any liability thereunder.

Appears in 4 contracts

Samples: Loan Modification Agreement (Real Goods Solar, Inc.), Loan Modification Agreement (Real Goods Solar, Inc.), Loan and Security Agreement (Exa Corp)

NO DEFENSES OF BORROWER. Borrower Burrower hereby acknowledges and agrees that Borrower has no offsets, . defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, equity all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 4 contracts

Samples: Term Loan and Security Agreement, Loan and Security Agreement (Meru Networks Inc), Term Loan and Security Agreement (Meru Networks Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against BankBank existing or arising through and including the date of execution of this Amendment, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 4 contracts

Samples: Loan and Security Agreement (Upwork Inc.), Loan and Security Agreement (Upwork, Inc), Loan and Security Agreement (Upwork Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that as of the date hereof Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 3 contracts

Samples: Loan Modification Agreement (ExactTarget, Inc.), Loan Modification Agreement (ExactTarget, Inc.), Loan Modification Agreement (ExactTarget, Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower Bxxxxxxx has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 3 contracts

Samples: Loan and Security Agreement (Aspen Aerogels Inc), Loan and Security Agreement (Aspen Aerogels Inc), Loan and Security Agreement (Aspen Aerogels Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has knows of no offsets, defenses, claims, or counterclaims against the Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against the Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunderWAIVED.

Appears in 3 contracts

Samples: Loan Modification Agreement (Globecomm Systems Inc), Loan Modification Agreement (Globecomm Systems Inc), Loan Modification Agreement (Globecomm Systems Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank Lenders with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against BankLenders, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank Lenders from any liability thereunder.

Appears in 3 contracts

Samples: Loan Modification Agreement (Alimera Sciences Inc), Loan Modification Agreement (Meru Networks Inc), Loan Modification Agreement (Pharmathene, Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against the Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against the Bank, whether known or unknown, at law or in equityequity with respect to the Obligations, all of them are hereby expressly WAIVED and Borrower hereby RELEASES the Bank from any liability thereunder.

Appears in 3 contracts

Samples: Loan Modification Agreement (Chyron Corp), Loan Modification Agreement (Chyron Corp), Loan Modification Agreement (Chyron Corp)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower now has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Infinera Corp), Loan and Security Agreement (Infinera Corp)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 2 contracts

Samples: Loan Modification Agreement (Kanbay International Inc), Loan Modification Agreement (Kanbay International Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of of 14. them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tremor Video Inc.), Loan and Security Agreement (Tremor Video Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder. 10.

Appears in 2 contracts

Samples: Loan Modification Agreement, Loan Modification Agreement

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower Xxxxxxxx has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Imprivata Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder. 14.

Appears in 1 contract

Samples: Loan Modification Agreement (Similarweb Ltd.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunderthere under.

Appears in 1 contract

Samples: Loan Modification Agreement (Kanbay International Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, defenses claims, or counterclaims against Bank, whether known or unknown, at law or in equity, . all of them are arc hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 1 contract

Samples: Loan Modification Agreement (Cambridge Heart Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against the Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against the Bank, whether known or unknown, at law or in equity, all of them tem are hereby expressly WAIVED and Borrower hereby RELEASES the Bank from any liability thereunderhereunder.

Appears in 1 contract

Samples: Loan Modification Agreement (Double-Take Software, Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against the Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against the Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES the Bank from any liability thereunder. 11.

Appears in 1 contract

Samples: Loan Modification Agreement (Ibasis Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 1 contract

Samples: Loan Modification Agreement (Sonic Foundry Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, . claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, . whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 1 contract

Samples: Loan Modification Agreement (Acell Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder. 9.

Appears in 1 contract

Samples: Loan Modification Agreement

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder. 15.

Appears in 1 contract

Samples: Loan Modification Agreement

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that that, as of the date hereof, Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 1 contract

Samples: Loan Modification Agreement (Tut Systems Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no known offsets, defenses, claims, or counterclaims against Bank Lender with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any known offsets, defenses, claims, or counterclaims against Bank, whether known or unknownLender, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank Lender from any liability thereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Yodle Inc)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder. 12.

Appears in 1 contract

Samples: Loan Modification Agreement

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, claims or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder.

Appears in 1 contract

Samples: Loan Modification Agreement (Double-Take Software, Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Bank with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Bank, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder. 18.

Appears in 1 contract

Samples: Loan Modification Agreement