Common use of Waiver of Counterclaim Clause in Contracts

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee arising out of or in any way connected with this Mortgage, the Loan Agreement, the Note, any of the other Loan Documents or the Obligations.

Appears in 5 contracts

Samples: WWP Office (New York REIT, Inc.), Security Agreement (Hospitality Investors Trust, Inc.), Mortgage (Bluerock Residential Growth REIT, Inc.)

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Waiver of Counterclaim. To the extent permitted by applicable lawRequirements of Law, Mortgagor hereby waives the its right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee Lender arising out of or in any way connected with this Mortgage, the Loan Agreement, the Note, any of the other Loan Documents or the ObligationsSecurity Instrument.

Appears in 5 contracts

Samples: Guaranty and Security Agreement (General Motors Co), Guaranty and Security Agreement (General Motors Co), Guaranty and Security Agreement (General Motors Co)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a ---------------------- counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee arising out of or in any way connected with this Mortgage, the Loan Agreement, the Note, any of the other Loan Documents or the ObligationsMortgagee.

Appears in 3 contracts

Samples: Indemnity Agreement (Afc Enterprises Inc), Afc Enterprises Inc, Afc Enterprises Inc

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee, and waives trial by jury in any action or proceeding brought by either party hereto against the other or in any counterclaim asserted by Mortgagee against Mortgagor, or in any matters whatsoever arising out of or in any way connected with this Mortgage, the Loan Agreement, the Note, any of the other Loan Other Security Documents or the ObligationsDebt.

Appears in 3 contracts

Samples: elstico.com, First Mortgage and Security Agreement (Century Properties Fund Xvi), First Mortgage and Security Agreement (Century Properties Fund Xii)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee, and waives trial by jury in any action or proceeding brought by either party hereto against the other or in any counterclaim asserted by Mortgagee against Mortgagor, or in any matters whatsoever arising out of or in any way connected with this Mortgage, the Loan Credit Agreement, the NoteNotes, any of the other Loan Credit Documents or the Obligations.

Appears in 2 contracts

Samples: Security Agreement (Eldertrust), Pledge and Security Agreement (Eldertrust)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee and/or Lenders arising out of or in any way connected with this MortgageSecurity Instrument, the Loan Credit Agreement, the Note, any of the other Loan Documents Documents, or the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee Lender arising out of or in any way connected with this Mortgage, the Loan AgreementSecurity Instrument, the Note, any of the other Loan Documents Other Security Documents, or the Obligations.

Appears in 2 contracts

Samples: Real Estate Purchase Agreement (Cv Reit Inc), Guaranty and Suretyship Agreement (Cv Reit Inc)

Waiver of Counterclaim. To the extent permitted by applicable lawApplicable Law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee Lender arising out of or in any way connected with this MortgageSecurity Instrument, the Loan Agreement, the Note, any of the other Loan Documents Documents, or the Obligations.

Appears in 2 contracts

Samples: Security Agreement and Fixture, Security Agreement and Fixture

Waiver of Counterclaim. To the extent permitted by applicable lawLaws, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee arising out of or in any way connected with this Mortgage, the Loan Credit Agreement, the Note, any of the other Loan Documents Documents, or the Obligations.

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee Agent arising out of or in any way connected with this Mortgage, the Loan Agreement, the Note, any of the other Loan Documents or the Obligations.

Appears in 1 contract

Samples: Patent Security Agreement (BlueLinx Holdings Inc.)

Waiver of Counterclaim. To the extent permitted by applicable lawRequirements of Law, Mortgagor hereby waives the its right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee Lender arising out of or in any way connected with this MortgageSecurity Instrument, the Note, the Loan Agreement, the NoteGuaranty, any of the other Loan Documents Documents, or the Obligations.

Appears in 1 contract

Samples: Security Agreement (Chrysler Group LLC)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee arising out of or in any way connected with this MortgageSecurity Instrument, the Loan Agreement, the Note, any of the other Loan Documents Documents, or the Obligations.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)

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Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee arising out of or in any way connected with this MortgageSecurity Instrument, the Project Loan Agreement, the Project Loan Note, any of the other Project Loan Documents Documents, or the Obligations.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee Beneficiary or Lender arising out of or in any way connected with this MortgageSecurity Instrument, the Note, the Loan Agreement, the Note, any of the other Loan Documents Documents, or the Obligations.

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (FelCor Lodging Trust Inc)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee, and waives trial by jury in any action or proceeding brought by either party hereto against the other or in any counterclaim asserted by Mortgagee against Mortgagor, or in any matters whatsoever arising out of or in any way connected with this Mortgage, the Loan Agreement, the Note, any of the other Loan Documents Mortgagor or the ObligationsDebt.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Quantum Corp /De/)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee arising out of or in any way connected with this MortgageSecurity Instrument, the Senior Loan Agreement, the Senior Loan Note, any of the other Senior Loan Documents Documents, or the Obligations.

Appears in 1 contract

Samples: Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Waiver of Counterclaim. To the extent permitted by applicable law, Each Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee arising out of or in any way connected with this MortgageSecurity Instrument, the Note, the Loan Agreement, the Note, any of the other Loan Documents Documents, or the Obligations.

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (FelCor Lodging Trust Inc)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee or any Lender arising out of or in any way connected with this MortgageSecurity Instrument, the Loan AgreementProperty, the Note, the Credit Agreement, any of the other Loan Documents or the Obligations.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (FelCor Lodging LP)

Waiver of Counterclaim. To the extent permitted by applicable law, Mortgagor hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Mortgagee Lender arising out of or in any way connected with this MortgageSecurity Instrument, the Loan Agreement, the NoteDebt Guaranty, any of the other Loan Documents Documents, or the Obligations.

Appears in 1 contract

Samples: Senior Loan Agreement (Hyatt Hotels Corp)

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