Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other Person, or against payment of the Debt by any Other Borrower, whether such right of offset, claim or defense arises in connection with the Debt (or the transactions creating the Debt) or otherwise.
Appears in 33 contracts
Samples: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.), Loan Agreement
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, Collateral Agent, Servicer (on behalf of Lender) or any other Person, or against payment of the Debt by any Other BorrowerGuaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Debt Guaranteed Obligations (or the transactions creating the DebtGuaranteed Obligations) or otherwise.
Appears in 9 contracts
Samples: First Mezzanine Loan Agreement (Harrahs Entertainment Inc), Mezzanine Loan Agreement (Harrahs Entertainment Inc), Third Mezzanine Loan Agreement (Harrahs Entertainment Inc)
Offset. Any existing or future right of offset, claim or defense of any Borrower against Lender, or any other Person, or against payment of the Debt by any Other BorrowerGuaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Debt Guaranteed Obligations (or the transactions creating the DebtGuaranteed Obligations) or otherwise.
Appears in 8 contracts
Samples: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other Person, or against payment of the Debt by any Other BorrowerGuaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Debt Guaranteed Obligations (or the transactions creating the DebtGuaranteed Obligations) or otherwise.
Appears in 8 contracts
Samples: Guaranty Agreement (ACRES Commercial Realty Corp.), Carry Guaranty Agreement (ACRES Commercial Realty Corp.), Completion Guaranty Agreement (ACRES Commercial Realty Corp.)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other Person, or against payment of the Debt by any Other BorrowerGuaranteed Obligations, whether such right of offset, claim or defense (other than the defense of payment in full) arises in connection with the Debt Guaranteed Obligations (or the transactions creating the DebtGuaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Guaranty Agreement (Harrahs Entertainment Inc), Guaranty Agreement (Bh Re LLC), Guaranty Agreement (Bh Re LLC)
Offset. Any existing or future right of offset, claim or defense of Borrower or Guarantor against Lender, or any other Person, or against payment of the Debt by any Other BorrowerGuaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Debt Guaranteed Obligations (or the transactions creating the DebtGuaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Guaranty Agreement (Griffin Capital Essential Asset REIT II, Inc.), Guaranty Agreement (Griffin Capital Essential Asset REIT, Inc.), Guaranty Agreement (Independence Realty Trust, Inc)
Offset. Any existing or future right of offset, claim or defense (other than the defense of payment of the Guaranteed Obligations) of Borrower against Lender, or any other Personparty, or against payment of the Debt by any Other BorrowerGuaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Debt Guaranteed Obligations (or the transactions creating the DebtGuaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Guaranty of Recourse Obligations (Alexanders Inc), Guaranty (Alexanders Inc), Loan Agreement (Alexanders Inc)
Offset. Any existing or future right of offset, claim or defense of Borrower or any Individual Borrower and/or Operating Lessee against Lender, or any other Personparty, or against payment of the Debt by any Other BorrowerGuaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Debt Guaranteed Obligations (or the transactions creating the DebtGuaranteed Obligations) or otherwise.
Appears in 3 contracts
Samples: Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other Person, or against payment of the Debt by any Other BorrowerGuaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Debt Guaranteed Obligations (or the transactions creating the DebtGuaranteed Obligations) or otherwise, other than the payment of the Guaranteed Obligations.
Appears in 3 contracts
Samples: Senior Mezzanine Guaranty (Brixmor Property Group Inc.), Guaranty (Brixmor Property Group Inc.), Guaranty (Brixmor Property Group Inc.)
Offset. Any existing or future right of offset, claim claim, or defense of Borrower against Lenderthe Loan Parties, or any other Personparty, or against payment of the Debt by any Other BorrowerGuaranteed Debt, whether such right of offset, claim claim, or defense arises in connection with the Guaranteed Debt (or the transactions creating the Guaranteed Debt) or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender (or Collateral Agent or Servicer on behalf of Lender), or any other Person, or against payment of the Debt by any Other BorrowerGuaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Debt Guaranteed Obligations (or the transactions creating the DebtGuaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Harrahs Entertainment Inc)
Offset. Any existing or future right of offset, offset claim or defense of Borrower against Lender, or any other Person, or against payment of the Debt (except Other Borrower’s performance of such obligations and then only to the extent of such performance) by any Other Borrower, whether such right of offset, offset claim or defense arises in connection with the Debt (or the transactions creating the Debt) or otherwise.
Appears in 1 contract
Samples: Loan Agreement (Capitalsource Inc)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lenderthe Purchasers, or any other Person, or against party (other than a defense of payment of the Debt by any Other BorrowerGuaranteed Debt), whether such right of offset, claim or defense arises in connection with the Guaranteed Debt (or the transactions creating the Guaranteed Debt) or otherwise.
Appears in 1 contract
Samples: Absolute Guaranty of Payment and Performance (H-Cyte, Inc.)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other Personparty, or against payment of the Debt by any Other BorrowerGuaranteed Debt, whether such right of offset, claim or defense arises in connection with the Guaranteed Debt (or the transactions creating the Guaranteed Debt) or otherwise.
Appears in 1 contract
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, the Credit Parties or any other Person, or against payment of the Debt by any Other BorrowerGuaranteed Debt, whether such right of offset, claim or defense arises in connection with the Guaranteed Debt (or the transactions creating the Guaranteed Debt) or otherwise.
Appears in 1 contract
Samples: Guaranty Agreement (Prologis, L.P.)
