Common use of WAIVER OF DEFENSES AND RELEASE OF CLAIMS Clause in Contracts

WAIVER OF DEFENSES AND RELEASE OF CLAIMS. The undersigned hereby (i) represents that neither the undersigned nor any principal of the undersigned has any defenses to or setoffs against any indebtedness or other obligations owing in connection with the Loan by Borrower, or by the undersigned's principals, to Lender or Lender's affiliates (the “Owed Obligations”), nor any claims against Lender or Lender's affiliates for any matter whatsoever, related or unrelated to the Owed Obligations, and (ii) releases Lender and Lender's affiliates, officers, directors, employees and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that the undersigned has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the Owed Obligations, including the subject matter of this Agreement as of the date hereof. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to the undersigned by Lender or Lender's affiliates. As used in this paragraph, the word “undersigned” does not include Lender or any individual signing on behalf of Lender. The undersigned acknowledges that Lender has been induced to enter into or continue the Owed Obligations by, among other things, the waivers and releases in this paragraph. 

Appears in 2 contracts

Samples: Loan and Security Agreement (BBX Capital Corp), Loan and Security Agreement (Bluegreen Vacations Corp)

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WAIVER OF DEFENSES AND RELEASE OF CLAIMS. The undersigned hereby (i) represents that neither the undersigned nor any Affiliate or principal of the undersigned has any defenses to or setoffs against any indebtedness Indebtedness or other obligations owing in connection with by the Loan by Borrowerundersigned, or by the undersigned's ’s Affiliates or principals, to Lender or Lender's affiliates any Lender Affiliate (the “Owed Covered Obligations”), nor any claims against Lender or Lender's affiliates any Lender Affiliate for any matter whatsoever, related or unrelated to the Owed Covered Obligations, and (ii) releases Lender and Lender's affiliatesall Lender Affiliates, officers, directors, employees and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that the undersigned has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the Owed Covered Obligations, including the subject matter of this Agreement as of the date hereofAgreement. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to the undersigned by Lender or Lender's affiliatesany Lender Affiliate. As used in this paragraph, the word “undersigned” does not include Lender or any individual signing on behalf of Lender. The undersigned acknowledges that Lender has been induced to enter into or continue the Owed Obligations by, among other things, the waivers and releases in this paragraph. .

Appears in 2 contracts

Samples: Credit Agreement (Galaxy Gaming, Inc.), Credit Agreement (Galaxy Gaming, Inc.)

WAIVER OF DEFENSES AND RELEASE OF CLAIMS. The undersigned hereby (i) represents that neither the undersigned nor any affiliate or principal of the undersigned has any defenses to or setoffs against any indebtedness Indebtedness or other obligations owing in connection with by the Loan by Borrowerundersigned, or by the undersigned's ’s affiliates or principals, to Lender or Lender's ’s affiliates (the “Owed Obligations”), nor any claims against Lender or Lender's ’s affiliates for any matter whatsoever, related or unrelated to the Owed Obligations, and (ii) releases Lender and Lender's ’s affiliates, officers, directors, employees and agents against from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that the undersigned has or may have by reason of any matter of any the conceivable kind or character whatsoever, related or unrelated to the Owed Obligations, including the subject matter of this Agreement as of the date hereofAgreement. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to the undersigned by Lender or Lender's ’s affiliates. As used in this paragraph, the word “undersigned” does not include Lender or any individual signing on behalf of Lender. The undersigned acknowledges that Lender has been induced to enter into or continue the Owed Obligations by, among other things, the waivers and releases in this paragraph. .

Appears in 1 contract

Samples: Business Loan Agreement (Collectors Universe Inc)

WAIVER OF DEFENSES AND RELEASE OF CLAIMS. The undersigned hereby (ia) represents that neither the undersigned nor any principal of the undersigned has any defenses to or setoffs against any indebtedness Indebtedness or other obligations Obligations owing in connection with the Loan by Borrower, or by the undersigned's ’s principals, to Lender Bank or Lender's affiliates (the “Owed Obligations”)Bank’s affiliates, nor any claims against Lender Bank or Lender's Bank’s affiliates for any matter whatsoever, related or unrelated to the Owed Obligations, and (iib) releases Lender Bank and Lender's Bank’s affiliates, officers, directors, employees employees, and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that the undersigned has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the Owed Obligations, including the subject matter of this Agreement as of the date hereofAgreement. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to the undersigned by Lender or Lender's affiliatesTHE DATE HEREOF THAT ARE OWING TO THE UNDERSIGNED BY BANK OR BANK’S AFFILIATES. As used in this paragraphAS USED IN THIS SECTION, the word THE WORD undersignedUNDERSIGNEDdoes not include Lender or any individual signing on behalf of LenderDOES NOT INCLUDE BANK OR ANY INDIVIDUAL SIGNING ON BEHALF OF BANK. The undersigned acknowledges that Lender has been induced to THE UNDERSIGNED ACKNOWLEDGES THAT BANK HAS BEEN INDUCED TO enter into or continue the Owed Obligations by, among other things, the waivers and releases in this paragraphSection. [Remainder of page intentionally left blank; signatures appear on next page.]

Appears in 1 contract

Samples: Loan Agreement (EVO Transportation & Energy Services, Inc.)

WAIVER OF DEFENSES AND RELEASE OF CLAIMS. The undersigned hereby (i) represents that neither the undersigned nor any affiliate or principal of the undersigned has any defenses to or setoffs against any indebtedness Indebtedness or other obligations owing in connection with by the Loan by Borrowerundersigned, or by the undersigned's affiliates or principals, to Lender or Lender's affiliates (the “Owed "Obligations"), nor any claims against Lender or Lender's affiliates for any matter whatsoever, related or unrelated to the Owed Obligations, and (ii) releases Lender and Lender's affiliates, officers, directors, employees and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that the undersigned has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the Owed Obligations, including the subject matter of this Agreement as of the date hereofAgreement. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to the undersigned by Lender or Lender's affiliates. As used in this paragraph, the word "undersigned" does not include Lender or any individual signing on behalf of Lender. The undersigned acknowledges that Lender has been induced to enter into or continue the Owed Obligations by, among other things, the waivers and releases in this paragraph. .

Appears in 1 contract

Samples: Business Loan Agreement (Collectors Universe Inc)

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WAIVER OF DEFENSES AND RELEASE OF CLAIMS. The undersigned hereby (i) represents that neither the undersigned nor any affiliate or principal of the undersigned has any defenses to or setoffs against any indebtedness Indebtedness or other obligations owing in connection with by the Loan by Borrowerundersigned, or by the undersigned's ’s affiliates or principals, to Lender or Lender's ’s affiliates (the “Owed "Obligations"), nor any claims against Lender or Lender's ’s affiliates for any matter whatsoever, related or unrelated to the Owed Obligations, and (ii) releases Lender and Lender's Xxxxxx’s affiliates, officers, directors, employees and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that the undersigned has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the Owed Obligations, including the subject matter of this Agreement as of the date hereofAgreement. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to the undersigned by Lender or Lender's ’s affiliates. As used in this paragraph, the word “undersigned” does not include Lender or any individual signing on behalf of LenderXxxxxx. The undersigned acknowledges that Lender has been induced to enter into or continue the Owed Obligations by, among other things, the waivers and releases in this paragraph. .

Appears in 1 contract

Samples: Business Loan Agreement (Wilhelmina International, Inc.)

WAIVER OF DEFENSES AND RELEASE OF CLAIMS. The undersigned hereby (i) represents that neither the undersigned nor any affiliate or principal of the undersigned has any defenses to or setoffs against any indebtedness Indebtedness or other obligations owing in connection with by the Loan by Borrowerundersigned, or by the undersigned's ’s affiliates or principals, to Lender or Lender's ’s affiliates (the “Owed Obligations”), nor any claims against Lender or Lender's ’s affiliates for any matter whatsoever, related or unrelated to the Owed Obligations, and (ii) releases Lender and Lender's ’s affiliates, officers, directors, employees and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that the undersigned has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the Owed Obligations, including the subject matter of this Agreement as of the date hereofAgreement. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to the undersigned by Lender or Lender's ’s affiliates. As used in this paragraph, the word “undersigned” does not include Lender or any individual signing on behalf of Lender. The undersigned acknowledges that Lender has been induced to enter into or continue the Owed Obligations by, among other things, the waivers and releases in this paragraph. .

Appears in 1 contract

Samples: Business Loan Agreement (Collectors Universe Inc)

WAIVER OF DEFENSES AND RELEASE OF CLAIMS. The undersigned hereby (i) represents that neither the undersigned nor any affiliate or principal of the undersigned has any defenses to or setoffs against any indebtedness Indebtedness or other obligations owing in connection with by the Loan by Borrowerundersigned, or by the undersigned's ’s affiliates or principals, to Lender or Lender's ’s affiliates (the “Owed "Obligations"), nor any claims against Lender or Lender's ’s affiliates for any matter whatsoever, related or unrelated to the Owed Obligations, and (ii) releases Lender and Lender's ’s affiliates, officers, directors, employees and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that the undersigned has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the Owed Obligations, including the subject matter of this Agreement as of the date hereofAgreement. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to the undersigned by Lender or Lender's ’s affiliates. As used in this paragraph, the word “undersigned” does not include Lender or any individual signing on behalf of Lender. The undersigned acknowledges that Lender has been induced to enter into or continue the Owed Obligations by, among other things, the waivers and releases in this paragraph. .

Appears in 1 contract

Samples: Business Loan Agreement (Wilhelmina International, Inc.)

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