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 in 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. 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 in any way connected with this Security Instrument, the Loan Agreement, the Note, any of the other Loan 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 mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender 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.
Appears in 6 contracts
Samples: Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Mortgage and Security Agreement (Manufactured Housing Properties 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 in any way connected with this Security InstrumentDeed 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. 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 Agent or in any way connected with this Security Instrument, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligationsits agents.
Appears in 5 contracts
Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (American Financial Realty Trust), Loan Agreement (Gramercy Capital Corp)
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 in any way connected with this Security Instrument, the Note, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligations.
Appears in 5 contracts
Samples: Mortgage (Deed of Trust), Mortgage (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. To Borrower hereby waives, to the extent permitted by applicable law, Borrower hereby waives the right to assert a any counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it Borrower by Lender arising out of or in any way connected with this Security Instrument, the Loan Agreement, the Note, under any of the other Loan Documents, or the Obligations.
Appears in 3 contracts
Samples: Loan Agreement (Inland Residential Properties Trust, Inc.), Loan Agreement (Inland Residential Properties Trust, Inc.), Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
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 in any way connected with this Security Instrument, the Note, the Loan Agreement, the Note, any of the other Loan 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. To the extent permitted by applicable law, 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 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.
Appears in 2 contracts
Samples: Open End Fee and Leasehold Mortgage and Security Agreement (Ventas Inc), Deed of Trust and Security Agreement (Ventas 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 in any way connected with this Security Instrument, the Loan Agreement, the Note, any of the other Loan Documents, or the ObligationsDebt.
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. 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 in any way connected with this Security Instrument, the Loan Credit Agreement, the Note, any of the other Loan Documents, Documents or the Obligations.
Appears in 2 contracts
Samples: Mortgage and Security Agreement, Mortgage and Security Agreement (Heartland Payment Systems Inc)
Waiver of Counterclaim. To the fullest extent permitted by applicable law, the Borrower hereby waives the right to assert a claim or counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender arising out the Beneficiary with respect to any Event of or in any way connected with this Security Instrument, the Loan Agreement, the Note, any of the other Loan Documents, or the ObligationsDefault.
Appears in 1 contract
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 Trustee or Lender arising out of or in any way connected with this Security Instrument, the Loan Agreement, the Note, any of the other Loan Security Documents, or the Obligations.
Appears in 1 contract
Samples: Fee and Leasehold Mortgage and Security Agreement (Konover Property Trust 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 Borrower by Lender 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.
Appears in 1 contract
Samples: Open End Mortgage and Security Agreement (Cedar Shopping Centers 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 in any way connected with this Security InstrumentDeed of Trust, the Loan Agreement, the Noteeither or both Affiliate Notes, any of the other Loan 246 Documents (including, without limitation, the Affiliate Loan Documents, ) or the Obligations.
Appears in 1 contract
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 in any way connected with this Security Instrument, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligations; provided, however, that such waiver shall not preclude borrower' assertion of such claims in a separate action against Lender.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Cedar Shopping Centers 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 in any way connected with this Security Instrument, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligations; provided, however, that such waiver shall not preclude borrower’ assertion of such claims in a separate action against Lender.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Cedar Shopping Centers 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 in any way connected with this Security Instrument, the Note, the Loan Agreement, the Note, any of the other Loan Documents, 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. 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 Lenders arising out of or in any way connected with this Security InstrumentDocument, the Notes, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligations.
Appears in 1 contract
