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 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)

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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 AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 48 43412-20/Continental Towers 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 1 contract

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

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