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: Secured Note Agreement (General Motors Co), Secured Note Agreement (General Motors Co), Secured Note Agreement (General Motors Co)
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: Mortgage, Assignment of Leases and Rents and Security Agreement (New York REIT, Inc.), Term Loan 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: Open End Mortgage Deed and Security Agreement, 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 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 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: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (FelCor Lodging Trust Inc), Fee and Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (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 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 Mortgage and Security Agreement (Glimcher Realty Trust), Open End Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)
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: Credit Agreement (Eldertrust), Credit 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: Loan and Credit Facility Agreement (Cv Reit Inc), Real Estate Purchase Agreement (Cv Reit Inc)
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: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing, Mortgage, Assignment of Rents, Security Agreement and Fixture Filing
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 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: Mortgage Agreement (KBS Real Estate Investment Trust, Inc.), Building Loan Mortgage (Alexanders 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
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.
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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: Mortgage, Fixture Filing and Security Agreement (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 Instrumentthe Mortgagor or the Debt.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Quantum Corp /De/)
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: Credit and Guaranty 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: Open End Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)
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: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (FelCor Lodging LP)
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
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
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
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
