Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 73 contracts
Samples: Loan and Security Agreement (Vector Group LTD), Loan and Security Agreement (Vector Group LTD), Term Loan and Security Agreement (Trailer Bridge Inc)
Waiver of Counterclaims. Each Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 31 contracts
Samples: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Jazz Semiconductor Inc)
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 28 contracts
Samples: Loan and Security Agreement (Ulta Beauty, Inc.), Loan and Security Agreement (Five Below, Inc), Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)
Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 17 contracts
Samples: Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.)
Waiver of Counterclaims. Borrower Each Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 6 contracts
Samples: General Security Agreement (Listerhill Total Maintenance Center LLC), General Security Agreement (Mad Catz Interactive Inc), General Security Agreement (SMTC Corp)
Waiver of Counterclaims. Borrower waives Borrowers waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 6 contracts
Samples: Loan and Security Agreement (Pcm, Inc.), Loan and Security Agreement (Pc Mall Inc), Loan and Security Agreement (Guess Inc Et Al/Ca/)
Waiver of Counterclaims. Each Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) ), in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 4 contracts
Samples: Loan and Security Agreement (Delta Apparel, Inc), Loan and Security Agreement (Delta Apparel, Inc), Loan and Security Agreement (Delta Apparel Inc)
Waiver of Counterclaims. Borrower and each Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 4 contracts
Samples: Second Lien Letter of Credit, Loan and Security Agreement (Lighting Science Group Corp), Loan and Security Agreement (Rouge Industries Inc), Loan and Security Agreement (Anvil Holdings Inc)
Waiver of Counterclaims. Borrower waives all rights to interpose any ----------------------- claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 3 contracts
Samples: Loan and Security Agreement (Zany Brainy Inc), Loan and Security Agreement (Quadrax Corp), Loan and Security Agreement (Zany Brainy Inc)
Waiver of Counterclaims. Borrower and Guarantor each waives all ----------------------- rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 3 contracts
Samples: Loan Agreement (RBX Corp), Loan Agreement (RBX Corp), Loan Agreement (RBX Industries Inc)
Waiver of Counterclaims. Each Borrower hereby waives all rights the right to interpose any claimsassert a counterclaim, deductionsother than a compulsory counterclaim, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral brought against it by Lender or any matter arising therefrom or relating hereto or theretoits agents.
Appears in 3 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Waiver of Counterclaims. Borrower Each Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the ObligationsNoteholder Debt, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 3 contracts
Samples: Security Agreement (Block 7932 Inc), Security Agreement (Atlantic Express Transportation Corp), Security Agreement (Atlantic Express Transportation Corp)
Waiver of Counterclaims. Borrower waives and each Guarantor waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 3 contracts
Samples: Loan and Security Agreement (Hhgregg, Inc.), Loan and Security Agreement (Hhgregg, Inc.), Loan and Security Agreement (HHG Distributing, LLC)
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.. Nothing contained in this Section 11.4 shall limit the right of Borrower to bring a claim in a separate action or proceeding
Appears in 3 contracts
Samples: Loan and Security Agreement (Aep Industries Inc), Loan and Security Agreement (Aep Industries Inc), Loan and Security Agreement (Aep Industries Inc)
Waiver of Counterclaims. Each Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral Property or any matter arising therefrom or relating hereto or thereto.
Appears in 3 contracts
Samples: Continuing Commercial Credit Agreement (One Price Clothing Stores Inc), Credit Agreement (One Price Clothing Stores Inc), Continuing Commercial Credit Agreement (Homeplace of America Inc)
Waiver of Counterclaims. Borrower and each Obligor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 2 contracts
Samples: Loan Agreement (Mad Catz Interactive Inc), Loan Agreement (Mad Catz Interactive Inc)
Waiver of Counterclaims. Borrower waives The Borrowers waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Loan Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or theretothereto (but nothing in this Section 11.4 shall limit the right of the Borrowers to bring a claim against the Lender in a separate proceeding, subject to the other terms hereof).
Appears in 2 contracts
Samples: Loan Agreement (Coachmen Industries Inc), Loan Agreement (Coachmen Industries Inc)
Waiver of Counterclaims. Each Borrower waives all rights to ----------------------- interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 2 contracts
Samples: Loan and Security Agreement (Charming Shoppes Inc), Loan and Security Agreement (Ivi Checkmate Corp)
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaimscounterclaims or other claims that will be irrevocably barred if not asserted in the same action or proceeding) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 2 contracts
Samples: Loan and Security Agreement (Anchor Glass Container Corp /New), Loan and Security Agreement (Anchor Glass Container Corp /New)
Waiver of Counterclaims. Borrower Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 2 contracts
Samples: General Security Agreement (Mad Catz Interactive Inc), General Security Agreement (Huntco Inc)
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto; provided, that, nothing contained in this Section 11.4 shall be deemed to prevent Borrower from raising any such claim, deduction, setoff or counterclaim by separate suit or compulsory counterclaim.
Appears in 1 contract
Samples: Loan and Security Agreement (Hirsch International Corp)
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto. Notwithstanding any provision herein to the contrary, nothing shall prevent the assertion of any claim by Borrower by separate action, suit or compulsory counterclaim or shall constitute a waiver by Borrower of any such claim or right.
Appears in 1 contract
Samples: Loan and Security Agreement (Jordan Industries Inc)
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto. The foregoing shall not restrict Borrower from making any such claim in a separate action.
Appears in 1 contract
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Clark Material Handling Co)
Waiver of Counterclaims. Borrower Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the other Loan Documents, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Borrower waives Borrowers waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto, but reserve the right to bring a separate action or proceeding to assert, establish or enforce such claims or counterclaims.
Appears in 1 contract
Samples: Loan and Security Agreement (Crown Central Petroleum Corp /Md/)
Waiver of Counterclaims. Each Borrower waives all rights to interpose ----------------------- any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Borrower Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding brought by Secured Party with respect to this Security Agreement, any Loan Documents, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Borrower waives all rights to interpose any ------------------------ claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Borrower Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Guaranteed Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Samples: General Security Agreement (Mad Catz Interactive Inc)
Waiver of Counterclaims. Borrower waives Borrowers, and each of them, waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (United Grocers Inc /Or/)
Waiver of Counterclaims. The Borrower waives all rights the right to claim or interpose any claims, deductions, setoffs counterclaim in any litigation or counterclaims set - off of any nature (other then compulsory counterclaims) in any action or proceeding with respect kind relating to this Agreement, Note or the Obligations, the Collateral or any matter arising therefrom or relating hereto or theretotransactions contemplated hereby . 14.
Appears in 1 contract
Waiver of Counterclaims. Borrower waives all rights to interpose ----------------------- any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Each Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding brought by Secured Party with respect to this Security Agreement, any Loan Documents, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Borrower Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding brought by the Secured Party with respect to this Security Agreement, the other Transaction Documents, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) ), in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Until such time as the Obligations are indefeasibly paid in full in cash or immediately available funds, each Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Alpha Technologies Group Inc)
Waiver of Counterclaims. Borrower Debtor waives all rights to interpose any ----------------------- claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Samples: Pledge and Security Agreement (Brookdale Living Communities Inc)
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding by Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (First Aviation Services Inc)
Waiver of Counterclaims. Borrower waives all rights to interpose ----------------------- any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding brought by Secured Party with respect to this Loan Agreement, any other Loan Documents, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Discovery Investments Inc)
Waiver of Counterclaims. Borrower waives all rights to interpose any ------------------------- claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Each Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.. 4833-7494-6387.12 45083/0017 03/0202018
Appears in 1 contract
Waiver of Counterclaims. Each Borrower waives all rights to interpose ------------------------ any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Each Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom there from or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any 62 66 action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Borrower Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Security Agreement, the other Loan Documents, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Waiver of Counterclaims. Borrower Debtor waives all rights to interpose any ----------------------- claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Deferred Purchase Price Obligations, the Deferred Purchase Price Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Samples: Collateral Assignment of Debt and Security Agreements (Advanced Aerodynamics & Structures Inc/)
Waiver of Counterclaims. Each Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaimscounterclaims or other claims that will be irrevocably barred if not asserted in the same action or proceeding) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Reunion Industries Inc)
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto; without prejudice, however, to Borrower's rights to assert by way of separate unconsolidated action, any such claims, deductions, setoffs, or counterclaims (other than compulsory counterclaims).
Appears in 1 contract
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding brought by Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Musicland Stores Corp)
Waiver of Counterclaims. Borrower waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto; without prejudice, however, to Borrower's rights to assert by way of separate unconsolidated action, any such claims, deductions, setoffs, or counterclaims (other than compulsory counterclaims).
Appears in 1 contract
Samples: Loan and Security Agreement (Stuart Entertainment Inc)