Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.
Appears in 424 contracts
Samples: Loan Agreement (SITE Centers Corp.), Loan Agreement (Apartment Income REIT, L.P.), Loan Agreement (Clipper Realty Inc.)
Waiver of Counterclaim. To the extent permitted by applicable law, Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or its agentsin any way connected with this Security Instrument, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligations.
Appears in 50 contracts
Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, Deed of Trust, Deed of Trust (Electro Scientific Industries Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or its agentsin any way connected with this Security Instrument, the Note, any of the Other Security Documents, or the Obligations.
Appears in 40 contracts
Samples: Mortgage and Security Agreement (Resource Real Estate Opportunity REIT, Inc.), Convertible Promissory Notes (Minrad International, Inc.), Deed of Trust and Security Agreement (Innovative Micro Technology Inc)
Waiver of Counterclaim. To the extent permitted by applicable law, Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.
Appears in 21 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Great Wolf Resorts, Inc.)
Waiver of Counterclaim. To the extent permitted by applicable law, Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or its agentsin any way connected with this Mortgage, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligations.
Appears in 21 contracts
Samples: Leasehold Mortgage, Assignment of Rents and Security Agreement, Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT I, Inc.), Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement as Fixture Filing (TNP Strategic Retail Trust, Inc.)
Waiver of Counterclaim. To the fullest extent permitted by law, each Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agentsagents or otherwise to offset any Obligations under the Loan Documents. No failure by Lender to perform any of its obligations hereunder shall be a valid defense to, or result in any offset against, any payments which any Borrower is obligated to make under any of the Loan Documents.
Appears in 15 contracts
Samples: Second Mortgage Loan Agreement, Second Mortgage Loan Agreement (Bref Hr, LLC), Loan Agreement (Bref Hr, LLC)
Waiver of Counterclaim. Each Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it Borrower by Lender or its Lender’s agents.
Appears in 13 contracts
Samples: Loan Agreement, Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it Borrower by Lender or its Lender's agents.
Appears in 12 contracts
Samples: Loan Agreement (Lazard Freres Real Estate Investors LLC), Loan Agreement (Alternative Living Services Inc), Loan Agreement (Lazard Freres Real Estate Investors LLC)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents, including Servicer.
Appears in 8 contracts
Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Uniprop Manufactured Housing Communities Income Fund)
Waiver of Counterclaim. To the extent permitted by applicable law, Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or its agentsin any way connected with this Deed of Trust, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligations.
Appears in 6 contracts
Samples: Deed of Trust (TNP Strategic Retail Trust, Inc.), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc)
Waiver of Counterclaim. Each Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it Borrower by Lender or its Lender's agents.
Appears in 6 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Waiver of Counterclaim. To the extent permitted by applicable law, Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender Agent or its agents.
Appears in 5 contracts
Samples: Loan Agreement (Gramercy Capital Corp), Loan Agreement (American Financial Realty Trust), Loan Agreement (Thomas Properties Group Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or its agentsin any way connected with this Security Instrument, the Note, the Loan Agreement, any of the other Loan Documents, or the Obligations.
Appears in 5 contracts
Samples: Mortgage (Deed of Trust), Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.), Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents, but Borrower does not waive its right to assert any such claim in a separate action, provided that such separate action does not prevent the application of payments to the Debt.
Appears in 4 contracts
Samples: Loan Agreement (Wyndham International Inc), Loan Agreement (Wyndham International Inc), Loan Agreement (Wyndham International Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against it by Lender or its agents.
Appears in 4 contracts
Samples: Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.)
Waiver of Counterclaim. Each Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.
Appears in 3 contracts
Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Cole Credit Property Trust III, Inc.)
Waiver of Counterclaim. Each Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.
Appears in 3 contracts
Samples: Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Loan Agreement (Continental Health Affiliates Inc)
Waiver of Counterclaim. Borrower Borrowers hereby waives waive the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents, including Servicer.
Appears in 3 contracts
Samples: Loan Agreement (Prime Retail Lp), Loan Agreement (Horizon Group Properties Inc), Loan Agreement (Prime Retail Lp)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents; provided, however, nothing in this Section shall prevent Borrower from, subject to the provisions of Section 18.6 above, asserting such claim or counterclaim in a separate action against Lender.
Appears in 3 contracts
Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents; provided, however, nothing in this section shall prevent Borrower from, subject to the provisions of Section 18.6 above, asserting such claim or counterclaim in a separate action against Lender.
Appears in 3 contracts
Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or its agentsin any way connected with this Security Instrument, the Note, the Loan Agreement, any of the Other Security Documents, or the Obligations.
Appears in 3 contracts
Samples: Open End Mortgage and Security Agreement (Griffin Land & Nurseries Inc), Open End Mortgage and Security Agreement (Griffin Land & Nurseries Inc), Loan Agreement (Sl Green Realty Corp)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or its agentsin any way connected with this Security Instrument, the Note, any of the other Loan Documents, or the Debt.
Appears in 2 contracts
Samples: Open End Mortgage, Assignment of Leases and Rents, Security Agreement, and Fixture Filing (Glimcher Realty Trust), Mortgage, Assignment of Leases and Rents, Security Agreement, and Fixture Filing (Glimcher Realty Trust)
Waiver of Counterclaim. Borrower and Borrower Principal hereby waives waive the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.
Appears in 2 contracts
Samples: Senior Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc)
Waiver of Counterclaim. Borrower and Grantor each hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.
Appears in 2 contracts
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Waiver of Counterclaim. The Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by the Lender or its agents.
Appears in 2 contracts
Samples: Loan Agreement (Echelon International Corp), Credit Agreement (Forum Group Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or its agentsin any way connected with this Security Instrument, the Note, the Credit Agreement, any of the Other Security Documents, or the Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Moore Handley Inc /De/), Credit Agreement (Cybex International Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents, including Servicer and Special Servicer.
Appears in 2 contracts
Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Entertainment Properties Trust)
Waiver of Counterclaim. Each Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents, including, without limitation, any Servicer.
Appears in 2 contracts
Samples: Loan Agreement (Servico Market Center Inc), Loan Agreement (Lodgian Inc)
Waiver of Counterclaim. To the extent permitted by applicable law, the Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender the Administrative Agent arising out of or its agentsin any way connected with this Security Instrument, the Credit Agreement, any of the other Loan Documents or the Obligations.
Appears in 2 contracts
Samples: Mortgage and Security Agreement, Mortgage and Security Agreement (Heartland Payment Systems Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Agent, any Lender or their agents, but Borrower does not waive its agentsright to assert any such claim in a separate action.
Appears in 2 contracts
Samples: Fixed Rate Loan Agreement (First Union Real Estate Equity & Mortgage Investments), Fixed Rate Loan Agreement (First Union Real Estate Equity & Mortgage Investments)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it Borrower by Lender arising out of or its agentsin any way connected with this Security Instrument, the Note, any of the other Loan Documents, or the Obligations.
Appears in 1 contract
Samples: Open End Mortgage and Security Agreement (Cedar Shopping Centers Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Trustee or Lender arising out of or its agentsin any way connected with this Security Instrument, the Note, any of the other Security Documents, or the Obligations.
Appears in 1 contract
Samples: Fee and Leasehold Mortgage and Security Agreement (Konover Property Trust Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.. 119
Appears in 1 contract
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.. 109
Appears in 1 contract
Samples: Loan Agreement (Carter Validus Mission Critical REIT II, Inc.)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.
Appears in 1 contract
Waiver of Counterclaim. Borrower hereby waives the right ---------------------- to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it Borrower by Lender or its Lender's agents.
Appears in 1 contract
Samples: Loan Agreement (G&l Realty Corp)
Waiver of Counterclaim. Each Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by the Lender or its agents.
Appears in 1 contract
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it Borrower by Lender or its Lender’s agents.
Appears in 1 contract
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender Lenders arising out of or its agentsin any way connected with this Security Document, the Notes, the Loan Agreement, any of the other Loan Documents, or the Obligations.
Appears in 1 contract
Waiver of Counterclaim. Borrower hereby waives the right ---------------------- to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out of or its agentsin any way connected with this Security Instrument, the Note, the Loan Agreement, the Other Security Documents or the Obligations.
Appears in 1 contract
Samples: Agreement of Spreader, Consolidation and Modification of Mortgage (Sl Green Realty Corp)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its respective agents.
Appears in 1 contract
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.. Confidential Treatment Requested by BANA XXXX-Xxxx-00178
Appears in 1 contract
Samples: Loan Agreement (Sothebys)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender any Financing Party or its agents.
Appears in 1 contract
Samples: Loan Agreement (Orchard Supply Hardware Stores Corp)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaimcounterclaim (or any other claim that must be raised at the time of response to any claim by Lender in order not to be waived), in any action or proceeding brought against it by Lender or its agents.
Appears in 1 contract
Samples: Loan Agreement (Ashworth Inc)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agentsagents .
Appears in 1 contract
Waiver of Counterclaim. Borrower hereby waives the ---------------------- right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents, but Borrower does not waive its right to assert any such claim in a separate action, provided that such separate action does not prevent the application of payments to the Debt.
Appears in 1 contract
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.or
Appears in 1 contract
Samples: Mortgage and Security Agreement (Entertainment Properties Trust)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents, but retains the right to assert said claim in a separate proceeding.
Appears in 1 contract
Samples: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)
Waiver of Counterclaim. Borrower Borrowers hereby waives waive the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender Administrative Agent or its agents.
Appears in 1 contract
Samples: Loan Agreement (Bristol Hotel Co)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender Xxxxxx, Agent or its their agents.
Appears in 1 contract
Samples: Loan Agreement (CaliberCos Inc.)
Waiver of Counterclaim. Borrower Borrowers hereby waives waive the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents.
Appears in 1 contract
Samples: Loan and Security Agreement (Education Realty Trust, Inc.)
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by the Lender or its agents.
Appears in 1 contract
Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Administrative Agent, Lender or its their agents.. Section
Appears in 1 contract
Waiver of Counterclaim. Borrower hereby waives the ---------------------- right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agents, including Servicer or Special Servicer.
Appears in 1 contract
Samples: Loan Agreement (Desert Springs Marriott Limited Partnership)