Common use of Other Defenses Clause in Contracts

Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment), set-offs or counterclaims (except for compulsory counterclaims) which may be available to Borrower, or any other Guarantor, and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:

Appears in 2 contracts

Samples: Guaranty of Recourse Obligations (Healthcare Trust, Inc.), Healthcare Trust, Inc.

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Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment)defenses, set-offs or counterclaims (except for compulsory counterclaims) which may be available to Borrower, or any other Guarantor, Borrowers and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:except for the defense that payment has actually been made and received by Agent.

Appears in 2 contracts

Samples: Omega Healthcare Investors Inc, Guaranty (Omega Healthcare Investors Inc)

Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment)defenses, set-offs or counterclaims (except for compulsory counterclaims) which may be available to Borrower, Borrower or any other Guarantorguarantor if there are more than one, and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:.

Appears in 2 contracts

Samples: Guaranty (Brookdale Living Communities Inc), Brookdale Living Communities Inc

Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment)defenses, set-offs or counterclaims (except for compulsory counterclaims) which may be available to Borrower, or any other GuarantorGuarantor if there are more than one, and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:.

Appears in 1 contract

Samples: Guaranty (Assisted Living Concepts Inc)

Other Defenses. To the fullest extent permitted by applicable law, Guarantor irrevocably waives any other defenses (other than the defense of payment)defenses, set-offs or counterclaims (except for compulsory counterclaims) which may be available to BorrowerBorrowers, or any other Guarantor, and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:

Appears in 1 contract

Samples: Guaranty of Payment and Performance (Care Capital Properties, Inc.)

Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment)defenses, set-offs or counterclaims (except for compulsory counterclaims) which may be available to Borrower, or any other Guarantor, and any and all other defenses now or at any time hereafter available to Guarantor (including including, without limitation limitation, those given to sureties) at law or in equity, including but not limited to any defenses based upon:

Appears in 1 contract

Samples: Guaranty of Recourse Obligations (Ares Commercial Real Estate Corp)

Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment)defenses, set-offs or counterclaims (except for compulsory counterclaims) which may be available to Borrower, Borrower or any other GuarantorGuarantor if there are more than one, and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:.

Appears in 1 contract

Samples: Balanced Care Corp

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Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment)defenses, -------------- set-offs or counterclaims (except for compulsory counterclaims) which may be available to Borrower, or any other GuarantorGuarantor if there are more than one, and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:.

Appears in 1 contract

Samples: Guaranty (Assisted Living Concepts Inc)

Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment)defenses, set-offs setoffs or counterclaims (except for compulsory counterclaims) which may be available to Borrower, or any other Guarantor, Borrower and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:

Appears in 1 contract

Samples: Ensign Group, Inc

Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment), set-offs or counterclaims (except for compulsory counterclaims) which may be available to BorrowerBorrowers, or any other Guarantor, and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:

Appears in 1 contract

Samples: Guaranty of Recourse Obligations (Healthcare Trust, Inc.)

Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment)defenses, --------------- set-offs or counterclaims (except for compulsory counterclaims) which may be available to Borrower, or any other GuarantorGuarantor if there are more than one, and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:. 4.

Appears in 1 contract

Samples: Guaranty (Emeritus Corp\wa\)

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