Common use of Waiver of Claims and Defenses; Release Clause in Contracts

Waiver of Claims and Defenses; Release. (a) The Borrower agrees that, as of the date hereof, it has no claim, counterclaim, cause of action or defense of any kind by way of offset or otherwise to the payment and satisfaction in full of the Loan. The foregoing notwithstanding, to the extent that any such claim or defense may or does exist, as of the date hereof, the Borrower waives and releases any and all such claims, counterclaims, causes of action and defenses. (b) The Borrower further waives and releases and affirmatively agrees not to allege or otherwise pursue, in any manner, any and all defenses, affirmative defenses, counterclaims, claims, causes of action, set-offs or other rights that it may have as of the date hereof to contest: (i) any provisions of the Loan Agreement and other Loan Documents; (ii) the rights of the Lender to all rents, issues, profits, products and proceeds of the collateral for the Loan; (iii) the liens for the benefit of the Lender in any property (whether real or personal, tangible or intangible), right or other interest, now or hereafter arising in connection with the collateral for the Loan; (iv) any and all acts or omissions of the Lender in administering the amounts outstanding under the Loan Agreement, the consequences of this Amendment, or otherwise; and the Borrower fully and forever releases and discharges the Lender from any and all claims or liability of any kind or nature with respect to the foregoing.

Waiver of Claims and Defenses; Release. (a) The Borrower agrees that, as of the date hereof, it has no claim, counterclaim, cause of action or defense of any kind by way of offset or otherwise to the payment and satisfaction in full of the LoanLoans. The foregoing notwithstanding, to the extent that any such a claim or defense may or does exist, as of the date hereof, the Borrower waives and releases any and all such claims, counterclaims, causes of action and defenses. (b) The Borrower further waives and releases and affirmatively agrees not to allege or otherwise pursue, in any manner, any and all defenses, affirmative defenses, counterclaims, claims, causes of action, set-offs or other rights that it may have as of the date hereof to contest: (i) the Specified Default; (ii) any provisions of the Loan Agreement and other Loan Documents; (iiiii) the rights of the Lender Bank to all rents, issues, profits, products and proceeds of the collateral for the LoanLoans; (iiiiv) the liens for the benefit of the Lender Bank in any property (whether real or personal, tangible or intangible), right or other interest, now or hereafter arising in connection with the collateral for the LoanLoans; and (ivv) any and all acts or omissions of the Lender Bank in administering the amounts outstanding under the Loan Agreement, the consequences of this Amendment, Agreement or otherwise; and the Borrower fully and forever releases and discharges the Lender Bank from any and all claims or liability of any kind or nature with respect to the foregoing.

Waiver of Claims and Defenses; Release. (a) The Borrower agrees that, as of the date hereof, it has no claim, counterclaim, cause of action or defense of any kind by way of offset or otherwise to the payment and satisfaction in full of the LoanRevolving Loans. The foregoing notwithstanding, to the extent that any such a claim or defense may or does exist, as of the date hereof, the Borrower waives and releases any and all such claims, counterclaims, causes of action and defenses. (b) The Borrower further waives and releases and affirmatively agrees not to allege or otherwise pursue, in any manner, any and all defenses, affirmative defenses, counterclaims, claims, causes of action, set-offs or other rights that it may have as of the date hereof to contest: (i) the Specified Default; (ii) any provisions of the Loan Agreement and other Loan Documents; (iiiii) the rights of the Lender Bank to all rents, issues, profits, products and proceeds of the collateral Collateral for the LoanRevolving Loans; (iiiiv) the liens for the benefit of the Lender Bank in any property (whether real or personal, tangible or intangible), right or other interest, now or hereafter arising in connection with the collateral Collateral for the LoanRevolving Loans; and (ivv) any and all acts or omissions of the Lender Bank in administering the amounts outstanding under the Loan Agreement, the consequences of this Amendment, Agreement or otherwise; and the Borrower fully and forever releases and discharges the Lender Bank from any and all claims or liability of any kind or nature with respect to the foregoing.