Common use of Waiver of Counterclaim Clause in Contracts

Waiver of Counterclaim. To the extent permitted by Requirements of Law, Mortgagor hereby waives its 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.

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)

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Waiver of Counterclaim. To the extent permitted by Requirements of Lawapplicable law, Mortgagor hereby waives its the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender Mortgagee arising out of or in any way connected with this Security InstrumentMortgage, 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.)

Waiver of Counterclaim. To the extent permitted by Requirements of Law, Mortgagor hereby waives its the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender 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 Note, any of the Other Security InstrumentDocuments or the Debt.

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 Requirements of Law, Mortgagor hereby waives its 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 Security Instrument, the Property, the Notes, the Credit Agreement, any of the other Loan Documents or the Obligations.

Appears in 2 contracts

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

Waiver of Counterclaim. To the extent permitted by Requirements of Law, Mortgagor hereby waives its the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender 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 Security InstrumentMortgage, the Credit Agreement, the Notes, any of the other 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 Requirements of Law, Mortgagor hereby waives its 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, any of the 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 Requirements of Lawapplicable law, Mortgagor hereby waives its 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: Mortgage and Security Agreement (Cedar Income Fund LTD /Md/), Mortgage and Security Agreement (Glimcher Realty Trust)

Waiver of Counterclaim. To the extent permitted by Requirements of Applicable Law, Mortgagor hereby waives its 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: Security Agreement and Fixture, Security Agreement and Fixture

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

Appears in 2 contracts

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

Waiver of Counterclaim. To the extent permitted by Requirements of Law, Mortgagor hereby waives its 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, any of the other Loan Documents, or the Obligations.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Felcor Lodging Trust Inc), Mortgage and Security Agreement (Felcor Lodging Trust Inc)

Waiver of Counterclaim. To the extent permitted by Requirements of Lawapplicable law, Mortgagor hereby waives its the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender Mortgagee and/or Lenders arising out of or in any way connected with this Security Instrument, the Credit Agreement, any of the other Loan 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 Requirements of Law, Mortgagor hereby waives its the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Beneficiary or Lender arising out of or in any way connected with this Security Instrument, the Note, the Loan Agreement, any of the other Loan 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 Requirements of Lawapplicable law, Mortgagor hereby waives its the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender Mortgagee arising out of or in any way connected with this Security Instrument, the Senior Loan Agreement, the Senior Loan Note, any of the other Senior Loan 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 Requirements of Law, Mortgagor hereby waives its 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 Security Instrument, the Property, 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)

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

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

Waiver of Counterclaim. To the extent permitted by Requirements of Law, Mortgagor hereby waives its 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 Debt Guaranty, any of the Loan Documents, or the Obligations.

Appears in 1 contract

Samples: Senior Loan Agreement (Hyatt Hotels Corp)

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

Appears in 1 contract

Samples: Security Agreement (Chrysler Group LLC)

Waiver of Counterclaim. To the extent permitted by Requirements of Lawapplicable law, Mortgagor hereby waives its 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 in any way connected with this Security InstrumentMortgage.

Appears in 1 contract

Samples: Patent Security Agreement (BlueLinx Holdings Inc.)

Waiver of Counterclaim. To the extent permitted by Requirements of Lawapplicable law, Mortgagor hereby waives its the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender Mortgagee 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: Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)

Waiver of Counterclaim. To the extent permitted by Requirements of Lawapplicable law, Mortgagor hereby waives its the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender Mortgagee arising out of or in any way connected with this Security Instrument, the Project Loan Agreement, the Project Loan Note, any of the other Project Loan 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 Requirements of Law, Mortgagor hereby waives its the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Lender 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 Security Instrumentthe Mortgagor or the Debt.

Appears in 1 contract

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

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