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 488 contracts
Samples: Loan and Security Agreement (Outbrain Inc.), First 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: Eleventh Loan Modification Agreement (Double-Take Software, Inc.), Fourth Loan Modification Agreement (Ibasis Inc), Second 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 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: Third Loan Modification Agreement, Loan Modification Agreement, Loan Modification 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: Waiver and Fourth Loan Modification Agreement, Ninth Loan Modification Agreement (Satcon Technology Corp), Eighth 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: Fourth Loan Modification Agreement (Satcon Technology Corp), Ninth Loan Modification Agreement (Double-Take Software, Inc.), Third 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: Sixth Loan Modification Agreement (GAIN Capital Holdings, Inc.), Fourth Loan Modification Agreement (GAIN Capital Holdings, Inc.), Loan Modification Agreement (Infinera Corp)
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: Third Loan Modification Agreement, Third Loan Modification Agreement (Vericel Corp), Second Loan Modification Agreement (Vericel Corp)
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: Second Loan Modification Agreement (Real Goods Solar, Inc.), First Loan Modification Agreement (Real Goods Solar, Inc.), Loan and Security Agreement (Exa 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: Loan Modification Agreement (A123 Systems, Inc.), Loan Modification Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems Inc)
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: Loan Modification Agreement, Loan Modification Agreement (Meru Networks Inc), Loan Modification 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 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: Third Loan Modification Agreement (Chyron Corp), First Loan Modification Agreement (Chyron Corp), Second Loan Modification Agreement (Chyron Corp)
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: Second Loan Modification Agreement (ExactTarget, Inc.), Fourth Loan Modification Agreement (ExactTarget, Inc.), Third Loan Modification Agreement (ExactTarget, 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: First Loan Modification Agreement (Alimera Sciences Inc), First Loan Modification Agreement (Meru Networks Inc), Consent and First Loan Modification Agreement (Pharmathene, 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: Sixth Loan Modification Agreement (Globecomm Systems Inc), Fifth Loan Modification Agreement (Globecomm Systems Inc), Third Loan Modification Agreement (Globecomm Systems 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 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.of
Appears in 2 contracts
Samples: Loan Modification Agreement (Tremor Video Inc.), Loan Modification 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 otherwiseotherwise as of the date hereof, and that if Borrower now has, or ever did havehave prior to the date hereof, 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 (Planar Systems Inc), Loan and Security Agreement (Planar Systems 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 2 contracts
Samples: Fourth Loan Modification Agreement (Kanbay International Inc), Fourth Loan Modification Agreement (Kanbay International Inc)
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. 10.
Appears in 2 contracts
Samples: Loan Modification Agreement, 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: Twelfth Loan Modification Agreement (Double-Take Software, 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: Joinder 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. 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, 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
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
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: First Loan Modification Agreement (Sonic Foundry Inc)
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: First Loan Modification Agreement (Tut Systems 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
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: Modification Agreement
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
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: Third 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 them are hereby expressly WAIVED and Borrower hereby RELEASES Bank from any liability thereunder. 14.
Appears in 1 contract
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
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. 8.
Appears in 1 contract
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: Fifth 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. 12.
Appears in 1 contract
Samples: Seventh Loan Modification Agreement
