Waiver of Counterclaim. Borrower and Guarantor each hereby knowingly ---------------------- waives the right to assert any counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against either of them by Lender.
Appears in 3 contracts
Samples: Loan Agreement (Wells Real Estate Investment Trust Inc), Revolving Loan Agreement (Wells Real Estate Investment Trust Inc), Revolving Loan Agreement (Wells Real Estate Investment Trust Inc)
Waiver of Counterclaim. Borrower and Guarantor each hereby knowingly ---------------------- waives the right to ---------------------- assert any a counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against either of them it by LenderLender 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)
Waiver of Counterclaim. Borrower and The Guarantor each hereby knowingly ---------------------- waives the right to assert any a counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against either of them it by LenderLender 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 any a counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against either of them it by LenderMezzanine Lender or its agents.
Appears in 1 contract
Samples: Mezzanine Guaranty and Suretyship Agreement (Brookdale Living Communities Inc)
Waiver of Counterclaim. Borrower and Guarantor each hereby knowingly ---------------------- waives the right to assert any counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against either of them by LenderXxxxxx.
Appears in 1 contract
Waiver of Counterclaim. Borrower and Guarantor each hereby knowingly ---------------------- waives the right to assert any counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against either of them by LenderLxxxxx.
Appears in 1 contract
Waiver of Counterclaim. Borrower Borrowers and Guarantor each hereby knowingly ---------------------- waives the right to assert any a counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against either of them it by LenderLenders or their agents.
Appears in 1 contract
Waiver of Counterclaim. Borrower and Guarantor each hereby knowingly ---------------------- waives the right to assert any a counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against either of them it by LenderLender 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 waive the right to assert any a counterclaim, other than a compulsory or mandatory counterclaim, in any action or proceeding brought against either of them by Lender.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)
