Common use of Waiver of Counterclaim Clause in Contracts

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

Appears in 3 contracts

Samples: Guaranty and Suretyship Agreement (Brookdale Living Communities Inc), Guaranty and Suretyship Agreement (Brookdale Living Communities Inc), Guaranty and Suretyship Agreement (Brookdale Living Communities Inc)

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

Appears in 2 contracts

Samples: Guaranty and Suretyship Agreement (Alternative Living Services Inc), Guaranty and Suretyship Agreement (Alternative Living Services Inc)

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 agentsXxxxxx.

Appears in 1 contract

Samples: Loan Agreement (ExchangeRight Income Fund)

Waiver of Counterclaim. Borrowers and Guarantor each hereby waives the right to ---------------------- assert a counterclaim, other than compulsory counterclaim, in any action or proceeding brought against it by Lender Lenders or its their agents.

Appears in 1 contract

Samples: Loan Agreement (Kranzco Realty Trust)

Waiver of Counterclaim. Borrower and Guarantor hereby waives waive the right to ---------------------- assert a counterclaim, other than a compulsory counterclaim, in any action or proceeding brought against it them by Lender or its agents.. Any non-compulsory counterclaim may be brought by separate action, subject, however, to the provisions of Section 10.11 hereof. Section 10.18

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Inc)

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

Appears in 1 contract

Samples: Mezzanine Guaranty and Suretyship Agreement (Brookdale Living Communities Inc)

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

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Brookdale Living Communities Inc)

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 agentsLxxxxx.

Appears in 1 contract

Samples: Loan Agreement (ExchangeRight Income Fund)

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