WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Mortgagor hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaim) or deduction in any action or proceeding in which Mortgagee is a participant, or arising out of or in any way connected with this Mortgage, the Note, any of the other Loan Documents, or the Debt.
Appears in 5 contracts
Samples: And Security Agreement (Wellington Properties Trust), And Security Agreement (Prime Retail Inc), Leases and Rents and Security Agreement (Horizon Group Properties Inc)
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Mortgage, the Note Notes and the other Loan Transaction Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Mortgagor hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaim) or deduction in any action or proceeding in which Mortgagee is a participant, or arising out of or in any way connected with this Mortgage, the NoteNotes, any of the other Loan Documents, Transaction Documents or the DebtIndebtedness.
Appears in 5 contracts
Samples: And Security Agreement (Oneida LTD), Oneida LTD, Oneida LTD
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this MortgageAgreement, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Mortgagor Borrower hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaim) or deduction in any action or proceeding in which Mortgagee Lender is a participant, or arising out of or in any way connected with this MortgageAgreement, the Note, any of the other Loan Documents, or the Debt.
Appears in 4 contracts
Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim (except for compulsory counterclaims) or any deduction whatsoever. Mortgagor hereby waives the right to assert a setoff, counterclaim (other than a mandatory or except for compulsory counterclaimcounterclaims) or deduction in any action or proceeding in which Mortgagee is a participant, or arising out of or in any way connected with this Mortgage, the Note, any of the other Loan Documents, or the Debt.
Appears in 3 contracts
Samples: Leases and Rents and Security Agreement (Glimcher Realty Trust), Leases and Rents and Security Agreement (Glimcher Realty Trust), Leases and Rents and Security Agreement (Glimcher Realty Trust)
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Mortgagor hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaim) or deduction in any action or proceeding in which Mortgagee is a participant, or arising out of or in any way connected with this Mortgage, the Note, any of the other Loan Documents, or the Debt.
Appears in 2 contracts
Samples: Second Mortgage and Security Agreement (Janus American Group Inc), Mortgage and Security Agreement (Janus American Group Inc)
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this the Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Mortgagor Borrower hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaimcounterclaims) or deduction in any action or proceeding in which Mortgagee is a participantbrought against it by Lender, or arising out of or in any way connected with this Agreement, the Mortgage, the Note, any of the other Loan Documents, or the Debt.
Appears in 2 contracts
Samples: Loan Agreement (Lodgian Inc), Management Agreement (Insignia Financial Group Inc /De/)
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. To the extent permitted by law, Mortgagor hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaim) or deduction in any action or proceeding in which Mortgagee is a participant, or arising out of or in any way connected with this Mortgage, the Note, any of the other Loan Documents, or the Debt.
Appears in 1 contract
Samples: Trust and Security Agreement (Concord Milestone Plus L P)
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Mortgage, the Note Notes and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Mortgagor hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaim) or deduction in any action or proceeding in which Mortgagee is a participant, or arising out of or in any way connected with this Mortgage, the NoteNotes, any of the other Loan Documents, Documents or the DebtIndebtedness.
Appears in 1 contract
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Mortgagor hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaimcounterclaims) or deduction in any action or proceeding in which Mortgagee is a participantbrought against it by Mortgagee, or arising out of or in any way connected with this Mortgage, the Note, any of the other Loan Documents, or the Debt.
Appears in 1 contract
Samples: Essex Hospitality Associates Iv Lp
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Mortgagethe Mortgages (or either of them), the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Mortgagor Borrower hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaimcounterclaims) or deduction in any action or proceeding in which Mortgagee is a participantbrought against it by Lender, or arising out of or in any way connected with this MortgageAgreement, the Mortgages (or either of them), the Note, any of the other Loan Documents, or the Debt.
Appears in 1 contract
Samples: Loan Agreement (Nexthealth Inc)