Common use of WAIVER OF SETOFF AND COUNTERCLAIM Clause in Contracts

WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Agreement, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. 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 Lender is a participant, or arising out of or in any way connected with this Agreement, 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)

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WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Agreementthe Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. 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 Lender 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 (Insignia Financial Group Inc /De/), Loan Agreement (Lodgian Inc)

WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Agreementthe Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Borrower Owner hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaimcounter-claims) or deduction in any action or proceeding in which Lender 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 1 contract

Samples: Loan Agreement (Lodgian Inc)

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WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Agreementthe Mortgages (or either of them), the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. 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 Lender is a participantbrought against it by Lender, or arising out of or in any way connected with this Agreement, 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)

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