No Defenses or Setoffs. As of the date hereof, neither Borrower ---------------------- nor Guarantors are aware of any defenses, credits or setoffs to the payment of the Indebtedness evidenced by the Note, or to the enforceability of the Note, the Loan Agreement, or the Loan Documents against the Borrower or Guarantors, nor are there any claims, actions or causes of action which could be asserted against the Bank relating to the transactions evidenced by the Note, the Loan Agreement, this Amendment or any of the transactions relating thereto.
No Defenses or Setoffs. There are no defenses, credits, or setoffs to the payment of the Debt evidenced by the Notes or the other Loan Documents or the enforceability of the Notes or the other Loan Documents against either Obligor, nor are there any claims, actions or causes of action which could be asserted against the Bank relating to the transactions evidenced by the Notes, the Loan Agreement, this Amendment, the other Loan Documents or the transactions relating thereto. The obligations described herein, in the Notes and in the other loan Documents are absolute and non-contingent.
No Defenses or Setoffs. The undersigned hereby (i) represents that neither the undersigned nor any principal of the undersigned has any defenses to or setoffs against any indebtedness or other obligations owing in connection with the Loan by Borrower, or by the undersigned's principals, to Lender or Xxxxxx's affiliates (the "Owed Obligations), nor any claims against Lender or Xxxxxx's affiliates for any matter whatsoever, related or unrelated to the Owed
No Defenses or Setoffs. To Borrower’s knowledge, each Note and each Note Mortgage is free of any claim for credit, deduction, discount, allowance, defense (including the defense of usury), dispute, counter-claim, or setoff.
No Defenses or Setoffs. The undersigned hereby (i) represents that neither the undersigned nor any principal of the undersigned has any defenses to or setoffs against any indebtedness or other obligations owing in connection with the Loan by Borrower, or by the undersigned's principals, to Lender or Xxxxxx's affiliates (the "Owed Obligations), nor any claims against Lender or Lender's affiliates for any matter whatsoever, related or unrelated to the Owed Obligations, and (ii) releases Lender and Xxxxxx's affiliates, officers, directors, employees and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that the undersigned has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the Owed Obligations, including the subject matter of this Agreement as of the date hereof. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to the undersigned by Lender or Lender's affiliates. As used in this paragraph, the word "undersigned" does not include Lender or any individual signing on behalf of Xxxxxx. The undersigned acknowledges that Lender has been induced to enter into or continue the Obligations by, among other things, the waivers and releases in this paragraph.
No Defenses or Setoffs. There are no defenses, credits, or setoffs to the payment of the indebtedness evidenced by the Notes or the enforceability of the Notes or the Loan Agreement or any of the Loan Documents against Borrowers, EIM, EIA and 21st Century, nor are there any claims, actions or causes of action which could be asserted against the Bank relating to the transactions evidenced by the Notes, the Loan Agreement, this Amendment or the transactions relating thereto. The obligations described herein and in the Notes are absolute and non-contingent.
No Defenses or Setoffs. EACH PLEDGED NOTE AND EACH NOTE MORTGAGE WILL BE FREE OF ANY CLAIM FOR CREDIT, DEDUCTION, DISCOUNT, ALLOWANCE, DEFENSE (INCLUDING THE DEFENSE OF USURY), DISPUTE, COUNTER-CLAIM, OR SETOFF.
