Common use of No Defenses or Setoffs Clause in Contracts

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 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.

Appears in 2 contracts

Samples: BBX Capital Corp, BFC Financial Corp

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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 XxxxxxLender'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.

Appears in 2 contracts

Samples: BFC Financial Corp, BBX Capital Corp

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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 BorrowerXxxxxxxx, or by the undersigned's 6284.345.1234668.3 7 4/9/2018 principals, to Lender or XxxxxxLender's affiliates (the "Owed Obligations), nor any claims against Lender or XxxxxxLender's affiliates for any matter whatsoever, related or unrelated to the Owed Obligations, and (ii) releases Lender and XxxxxxLender'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.

Appears in 2 contracts

Samples: BBX Capital Corp, Bluegreen Vacations Corp

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