Common use of Waiver of Counterclaim Clause in Contracts

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.

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.

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.

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.

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.

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.

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.

Waiver of Counterclaim. Borrower hereby waives waives, to the extent permitted by applicable law, the right to assert a any counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it Borrower by Lender under any of the Loan Documents or its agentsthe Environmental Indemnity.

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 in connection with this Agreement or the other Loan Documents.

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.

Waiver of Counterclaim. Each of Borrower and the other Loan Parties 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.

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.

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.

Waiver of Counterclaim. To the extent permitted by applicable Legal Requirements, 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.

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 any of its agents.

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.

Waiver of Counterclaim. Each 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 Agent or its agentsLenders.

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 any right to assert any such claim in a separate action.

Waiver of Counterclaim. Each of Additional Obligor and 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.

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.

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.

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.

Waiver of Counterclaim. Borrower and Guarantor each hereby knowingly ---------------------- waives the right to assert a any counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against it either of them by Lender or its agentsLender.

Waiver of Counterclaim. Borrower and Operator each ---------------------- hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it Borrower or Operator, as applicable by Lender or its Lender's agents.

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.

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 Bank or its Bank’s agents; provided, however, that such waiver shall not prejudice or otherwise affect Borrower’s ability to bring any separate claim against Bank.

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.

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.

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.

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.

Waiver of Counterclaim. Each of Borrower and Operating Lessee 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.

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 Agreement, the Note, the Security Documents, any other Loan Documents or the Obligations.

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 or its agentsTrustee arising out of or in any way connected with this Security Instrument, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligations.

Waiver of Counterclaim. Borrower hereby waives waives, to the fullest extent permitted by law, the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender Trustee or its agentsAgent arising out of, or in any way connected with, the Obligations.

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, without limitation, Servicer.

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 Administrative Agent, Lenders or its their agents.

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.

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.

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 Administrative Agent, any Lender or its any of their agents.

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 Borrower by Lender or its Lender’s agents.

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 any servicer and special servicer in connection with a Securitization.

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, without limitation, any Servicer.

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.

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.

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 Administrative Agent, any Lender or its any of their agents.

Waiver of Counterclaim. Borrower The Borrowers hereby waives waive, to the extent permitted by applicable law, the right to assert a any counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it the Borrowers by Lender under any of the Loan Documents or its agentsthe Environmental Indemnity.

Waiver of Counterclaim. Borrower hereby waives on behalf of itself and the other members of Borrower, the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender or its agentsagents arising out of or in any way connected with the Loan Agreement, the Note or any of the other Loan Documents.

Waiver of Counterclaim. Borrower hereby waives waives, to the fullest extent permitted by law, 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, the Obligations.

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.

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. 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 Borrower is obligated to make under any of the Loan Documents.

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 any servicer and special servicer in connection with a Securitization.

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.

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 any servicer and special servicer in connection with a Mezzanine Loan Securitization.

Waiver of Counterclaim. To the extent permitted by applicable law, Individual 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 Agent 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.

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 Agreement, the Note, the Deed of Trust, any of the Other Security Documents, or the Obligations.

Waiver of Counterclaim. Borrower and Manager hereby waives waive the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it Borrower or Manager, as applicable, by Lender or its Lender's agents.

Waiver of Counterclaim. To the fullest extent permitted by 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 or its agents.

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 Agreement, the Amended and Restated Note, the Security Agreement, any other Loan Documents or the Obligations.

Waiver of Counterclaim. Each Individual Borrower and Individual Operating Lessee 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.

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, Lender or its their agents.

Waiver of Counterclaim. Borrower hereby by this Security Instrument 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 any of the Loan Documents, or the Obligations.

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.

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.

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 Beneficiary arising out of or its agentsin any way connected with this Deed of Trust, the Credit Agreement, the Note, any of the other Loan Documents, or the Obligations.

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 any Lender or its agents.

Waiver of Counterclaim. Borrower Debtor 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 Secured Party arising out of or its agentsin any way connected with this Agreement.

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.

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.

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.

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

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 Agent or its agents.

Waiver of Counterclaim. Borrower hereby waives waives, to the extent permitted by applicable law, the right to assert a any counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it Borrower by Lender under any of the Loan Documents or its agentsthe Environmental Indemnity. Notwithstanding the foregoing, Borrower shall not be prohibited and shall have the right to assert any such claims against the Lender in a separate and independent action or proceeding.

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, any Lender or its any of their agents.

Waiver of Counterclaim. Borrower and Operator each hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it Borrower or Operator, as applicable by Lender or its Lender's agents.

Waiver of Counterclaim. Borrower hereby waives waives, to the fullest extent permitted by law, 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, the Obligations.

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

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 .

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 Agent or its any Lender, or their respective agents.

Waiver of Counterclaim. To the fullest extent permitted by 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 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 Borrower is obligated to make under any of the Loan Documents.

Waiver of Counterclaim. Each of Borrower and Equity Owner 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.

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 Agent or 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.

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

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.

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 Trustee/Collateral Agent arising out of or its agentsin any way connected with this Security Instrument, the Note, the Indenture, any of the Other Security Documents or the Obligations.

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 any Agent, any Lender or its any of their respective agents.

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

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 Lenders or its Administrative Agent or Lenders’ or Administrative Agent’s agents.

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.

Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action 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.

Waiver of Counterclaim. Each Borrower and ASC each hereby waives the right to assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it by Lender the Lender, or its agents.

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.

Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a compulsory 100 counterclaim, in any action or proceeding brought against it by Lender or its agents, including, without limitation, Servicer.

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

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.

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.

Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a any compulsory counterclaim, in any action or proceeding brought against it Borrower by Lender or its Lender's agents.

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.

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 our of or its agentsin any way connected with this Agreement, the Note, the Security Documents, any other Loan Documents or the Obligations.

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.

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 Agreement, the Reimbursement Agreement, the Modification Agreement, any of the other Loan Documents or the Obligations.