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: Mortgage, Assignment of Leases and Rents and Security Agreement (Prime Retail Inc), Mortgage, Assignment of Leases and Rents and Security Agreement (Horizon Group Properties Inc), Mortgage, Assignment of Leases and Rents and Security Agreement (Wellington Properties Trust)
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: Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD), Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD), Mortgage, Assignment of Leases and Rents, and Security Agreement (Oneida LTD)
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: Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement (Glimcher Realty Trust), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement (Glimcher Realty Trust)
WAIVER OF SETOFF AND COUNTERCLAIM. All Except as may be permitted under the Loan Agreement, all amounts due under this Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Except as may be permitted under the Loan Agreement, 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 participantbrought against it by Mortgagee, or arising out of or in any way connected with this Mortgage, the Note, any of Mortgage and the other Loan Documents, or the DebtObligations.
Appears in 2 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Echelon International Corp), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Kranzco 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: Mortgage and Security Agreement (Janus American Group Inc), Second Mortgage and Security Agreement (Janus American Group Inc)
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
Samples: Mortgage, Assignment of Leases and Rents, and Security Agreement (BMC Industries Inc/Mn/)
