Common use of WAIVER OF SETOFF AND COUNTERCLAIM Clause in Contracts

WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under the 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 counterclaim (other than compulsory counter-claims) in any action or proceeding brought 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 (Servico Market Center Inc), Loan Agreement (Servico Market Center Inc)

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WAIVER OF SETOFF AND COUNTERCLAIM. All Except as may be permitted under the Loan Agreement, all amounts due under the this Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Borrower Except as may be permitted under the Loan Agreement, Mortgagor hereby waives the right to assert a counterclaim (other than compulsory counter-claims) in any action or proceeding brought against it by LenderMortgagee, or arising out of or in any way connected with this Agreement, the Mortgage, the Note, any of Mortgage and the other Loan Documents, or the DebtObligations.

Appears in 2 contracts

Samples: Echelon International Corp, Kranzco Realty Trust

WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under the Mortgagethis Security Instrument, 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 counter-claimscounterclaim) or deduction in any action or proceeding brought against it by Lenderin which Lender is a participant, or arising out of or in any way connected with this Agreement, the MortgageSecurity Instrument, the Note, any of the other Loan Documents, or the Debt.

Appears in 2 contracts

Samples: Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust), Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust)

WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under the this Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Borrower To the extent permitted by law, Xxxxxxxxx hereby waives the right to assert a setoff, counterclaim (other than compulsory counter-claims) or deduction in any action or proceeding brought against it by Lenderin which Mortgagee is a participant, 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: Concord Milestone Plus L P, Concord Milestone Plus L P

WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under the Mortgage, the Note this Agreement and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Borrower hereby waives the right to assert a counterclaim (other than compulsory counter-claimscounterclaims) in any action or proceeding brought against it by LenderLxxxxx, or arising out of or in any way connected with this Agreement, the Mortgage, the Note, Agreement or any of the other Loan Documents, or the DebtTerm Loan.

Appears in 1 contract

Samples: Term Loan Agreement (Amphitrite Digital Inc)

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WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under the 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 counterclaim (other than compulsory counter-claims) in any action or proceeding brought 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)

WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under the 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 counterclaim (other than mandatory or compulsory counter-claims) in any action or proceeding brought 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 (Wyndham International Inc)

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