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 Deed of Trust, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligations.
Appears in 6 contracts
Samples: And Security Agreement (TNP Strategic Retail Trust, Inc.), Trust and Security Agreement (Behringer Harvard Reit I Inc), 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 or in any way connected with this Deed of TrustSecurity Instrument, the Note, the Loan Agreement, the Note, any of the other Loan Documents, or the Obligations.
Appears in 5 contracts
Samples: Security Agreement, And Security Agreement (KBS Real Estate Investment Trust, Inc.), And Security Agreement (KBS Real Estate Investment 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 by Lender arising out of or in any way connected with this Deed of TrustSecurity Instrument, the Note, the Loan Agreement, the Note, any of the other Loan Other Security Documents, or the Obligations.
Appears in 3 contracts
Samples: Mortgage and Security Agreement (Griffin Land & Nurseries Inc), Mortgage and Security Agreement (Griffin Land & Nurseries Inc), Management Agreement (Sl Green Realty Corp)
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 Deed of Trust, 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 Deed of Trust, the Loan AgreementSecurity Instrument, the Note, any of the other Loan Documents, or the ObligationsDebt.
Appears in 2 contracts
Samples: Glimcher Realty Trust, 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 Deed of TrustSecurity 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 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 Deed of Trust, the Loan AgreementSecurity Instrument, 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 by Lender arising out of or in any way connected with this Deed 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
Samples: Horizon Group 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 Deed of TrustSecurity 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 Deed of TrustSecurity 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 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 Deed of Trust, the Loan Agreement, the Note, any of the other Loan Documents, or the ObligationsDefault.
Appears in 1 contract
Samples: RFS Hotel Investors 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 Deed of TrustSecurity 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 (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 Deed of TrustSecurity Document, the Notes, the Loan Agreement, the Note, any of the other 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 Borrower by Lender arising out of or in any way connected with this Deed of Trust, the Loan AgreementSecurity Instrument, the Note, any of the other Loan Documents, or the Obligations.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Cedar Shopping Centers Inc)
