Payments Not Conditional. All payments required to be made by Borrower hereunder or under the Note or the other Loan Documents shall be made irrespective of, and without deduction for, any setoff, claim or counterclaim and shall be made irrespective of any defense thereto.
Appears in 15 contracts
Samples: Loan and Security Agreement (AB Commercial Real Estate Private Debt Fund, LLC), Project Loan Agreement, Second Mezzanine Loan Agreement
Payments Not Conditional. All payments required to be made by Borrower hereunder or under the Note or the other Loan Documents shall be made irrespective of, and without deduction for, any setoff, claim or counterclaim and shall be made irrespective of any defense thereto, but any such payment shall not constitute a waiver of any such claim, counterclaim or other right.
Appears in 4 contracts
Samples: Loan Agreement, Loan Agreement (Empire State Realty Trust, Inc.), Loan Agreement (Empire State Building Associates L.L.C.)
Payments Not Conditional. All payments required to be made by Borrower hereunder or under the Supplemental Loan Note or the other Supplemental Loan Documents shall be made irrespective of, and without deduction for, any setoff, claim or counterclaim and shall be made irrespective of any defense thereto.
Appears in 1 contract
Payments Not Conditional. All payments required to be made by Borrower Borrowers hereunder or under the Note or the other Loan Documents shall be made irrespective of, and without deduction for, any setoff, claim or counterclaim and shall be made irrespective of any defense thereto.
Appears in 1 contract
Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Payments Not Conditional. All payments required to be made by Borrower hereunder or under the Building Loan Note or the other Building Loan Documents shall be made irrespective of, and without deduction for, any setoff, claim or counterclaim and shall be made irrespective of any defense thereto.
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