No Defenses or Claims. Each of Borrower, PAC REIT, each other Credit Party and each of their Subsidiaries acknowledges and agrees that it has no defenses, counterclaims, offsets, cross-complaints, causes of action, rights, claims or demands of any kind or nature whatsoever, including, without limitation, any usury, lender liability or one-action claims or defenses, arising out of the Loan, the Loan Documents, the acts or omissions of Administrative Agent or Lenders taken with respect to the Loans, the Revolving Commitments or any past or present relationship between or among the Borrower, PAC REIT, the other Credit Parties, any of their Subsidiaries, Administrative Agent, the Lenders, or any of their respective past, present and/or future parent, subsidiary and affiliated entitles and, with respect to each of the foregoing, their respective past and present officers, directors, shareholders, partners, limited partners, members, representatives, principals, owners, affiliates, attorneys, accountants, agents and employees, and their successors, heirs and assigns and each of them, that can be asserted either to reduce or eliminate all or any part of Borrower’s liability for the Loans, the liability of the Credit Parties or any of their Subsidiaries under the Loan Documents, the validity, priority, perfection and enforceability of the liens and security interests granted to Administrative Agent for the benefit of the Lenders under the Loan Documents or to seek affirmative relief or damages of any kind or nature from Administrative Agent or the Lenders. Each of the Borrower, PAC REIT, each other Credit Party and each of their Subsidiaries further acknowledges that to the extent that any such claim should in fact exist, including without limitation, any usury, lender liability or one-action claim, it is being fully, finally and irrevocably released by the Borrower, PAC REIT, each other Credit Party and each of their Subsidiaries as provided in Section 4.01 of this Agreement above.
No Defenses or Claims. Release. In order to induce Lender, Issuing Bank and Agent to enter into this Amendment, each of Borrower and Guarantors acknowledges and represents to Lender, Issuing Bank and Agent that it has no defense, setoff, cause of action or claim of any kind against Lender, Issuing Bank or Agent on account of actions heretofore taken or not taken by Lender, Issuing Bank or Agent or otherwise, which can be asserted as a basis to seek affirmative relief or damages from Lender, Issuing Bank or Agent or to reduce or eliminate any obligations of Borrower or such Guarantor to Lender, Issuing Bank or Agent. Each of Borrower and Guarantors, on behalf of itself and its successors and assigns, hereby forever and irrevocably releases Lender, Issuing Bank and Agent, and each of their employees, officers, agents, attorneys, successors and assigns, from any and all claims, demands, damages, liabilities, obligations, penalties, suits and causes of action of any kind relating to, resulting from or arising out of any fact, matter or occurrence known to Borrower or any of Guarantors existing as of, or occurring prior to, the date of this Amendment directly or indirectly relating to, resulting from or arising out of any Revolving Credit Loans or Letters of Credit, any of the Credit Documents or any obligations of Borrower or such Guarantor to Lender, Issuing Bank or Agent.
No Defenses or Claims. The Borrower Parties acknowledge and agree that, as of the Effective Date, they have no defenses, counterclaims, offsets, cross-complaints, causes of action, rights, claims or demands of any kind or nature whatsoever, including without limitation, any usury or lender liability claims or defenses, arising out of, connected with, or related to the Loan, any Loan Documents or the Collateral, or any past or present relationship between or among the Borrower Parties, the Lender, or any of their respective past, present and/or future Affiliates and, with respect to each of the foregoing, their respective past and present officers, directors, shareholders, partners, limited partners, members, representatives, principals, owners, Affiliates, attorneys, accountants, agents and employees, and their successors, heirs and assigns and each of them, that can be asserted either to reduce or eliminate all or any part of the Borrower’s liability for the Loan, or to seek affirmative relief or damages of any kind or nature from the Lender. The Borrower Parties further acknowledge that to the extent that any such claim should in fact exist, including without limitation, any usury or lender liability claim, it is being fully, finally and irrevocably released by the Borrower Parties as provided in Section 2(d) of this Amendment.
No Defenses or Claims. The Loan Parties, jointly and severally, hereby acknowledge and agree that they do not have any defense, counterclaim, offset, cross-complaint, claim, or demand of any kind or nature whatsoever against the Lender, including, without limitation, any usury or lender liability claim or defense, arising out of the Loan Documents or any past relationship between or among the Loan Parties and the Lender that can be asserted by any Loan Party, either to reduce or eliminate all or part of their liability for the obligations under the Loan Documents or to seek affirmative relief or damages of any kind from the Lender. The Loan Parties further acknowledge that, to the extent that any such claim should in fact exist, including, without limitation, any usury or lender liability claim, it is being fully, finally, and irrevocably released as provided herein.
No Defenses or Claims. In order to induce Lender to enter into this Agreement, Borrower acknowledges and represents to Lender that it has no defense, setoff, cause of action or claim of any kind against Lender on account of actions heretofore taken or not taken by Lender or otherwise, which can be asserted as a basis to seek affirmative relief or damages from Lender or to reduce or eliminate any obligations of Borrower to Lender.
No Defenses or Claims. Borrower represents and warrants to Lender that, as of the date hereof, Borrower has no claims, setoffs or defenses, nor rights to claims, setoffs or defenses, to the payment or to the performance of Borrower’s obligations under the Third Amended Note, the Loan Agreement or any of the other Loan Documents.
No Defenses or Claims. BusinessMall and TheYPD, jointly and severally, hereby acknowledge and agree that neither of them have any defense, counterclaim, offset, cross-complaint, claim or demand of any kind or nature whatsoever, including without limitation any usury or lender liability claim or defense, arising out of the Debt Instruments, any past relationship between or among them and the other Parties hereto, any actions of the other Parties in seeking to enforce the Debt Instruments, or otherwise, that can be asserted by either of them either to reduce or eliminate all or any part of their liability for the amounts owed or to seek affirmative relief or damages of any kind or nature from the other Parties hereto. BusinessMall and TheYPD, jointly and severally, further acknowledge that to the extent that any such claim should, in fact, exist, including without limitation any usury or lender liability claim, it is hereby fully, finally, and irrevocably released, as contemplated by Section 23 hereinbelow.
