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 (Jazz Semiconductor Inc), Loan and Security Agreement (New York & Company, 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; provided, however, that nothing contained in this Section shall prohibit the Borrower from bringing a separate action with respect to any claim that it has.
Appears in 1 contract
Samples: Loan and Security Agreement (Chiquita Brands International Inc)
Waiver of Counterclaims. Each of Borrower and 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 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 counterclaimscounterclaims or those raised in defence of a claim under this Agreement) 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 of 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 1 contract
Samples: Loan and Security Agreement (Industrial Fuels Minerals Co)
Waiver of Counterclaims. Each Borrower waives all rights to interpose ----------------------- any claims, deductions, setoffs set-offs 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 (Cybex International Inc)