Common use of Waiver of Setoff, Special Damages, Etc Clause in Contracts

Waiver of Setoff, Special Damages, Etc. (a) Each Loan Party hereby expressly waives, and agrees that it will not exercise, any and all rights of setoff, recoupment, abatement or reduction or other claims or counterclaims respecting any payment due (whether as scheduled or required, upon acceleration or as sought in any action, suit or proceeding by the Lender) under this Agreement, any other Loan Instrument, any Stock Purchase Document` or any other agreement, facility or relationship with the Lender that may now or hereafter be accorded to the Loan Party under Applicable Law or otherwise. To the extent not required as a compulsory counterclaim in any related ongoing proceeding, each Loan Party (i) shall pursue separate exercise and enforcement of any right, power, privilege, remedy or interest retained (and not waived) by the Loan Party under this Agreement, the other Loan Instruments, any other agreement, facility or relationship with the Lender and Applicable Law, and (ii) shall not seek to exercise or enforce any such right, power, privilege, remedy or interest in any proceeding instituted by the Lender under or in respect of any Loan Instrument, whether through joinder, consolidation, setoff, recoupment, abatement, reduction, counterclaim, defense or otherwise. (b) In any dispute with the Lender, each Loan Party covenants and agrees that it will not seek, recover or retain any, and each Loan Party hereby expressly waives any and all, special, exemplary, punitive, statutory and/or consequential damages (whether through action, suit, counterclaim or otherwise and whether in contract, tort, strict liability or otherwise) to the extent waiver is not limited under Applicable Law.

Waiver of Setoff, Special Damages, Etc. (a) Each Loan Party Borrower hereby expressly waives, and agrees that it will not exercise, any and all rights of setoff, recoupment, abatement or reduction or other claims or counterclaims respecting any payment due (whether as scheduled or required, upon acceleration or as sought in any action, suit or proceeding by the Lenderany Bank) under this Agreement, any other Loan Instrument, any Stock Purchase Document` Instrument or any other agreement, facility or relationship with the Lender Administrative Agent or any other Bank that may now or hereafter be accorded to the Loan Party such Borrower under Applicable Law or otherwise. To the extent not required as a compulsory counterclaim in any related ongoing proceeding, each Loan Party Borrower (i) shall pursue separate exercise and enforcement of any right, power, privilege, remedy or interest retained (and not waived) by the Loan Party such Borrower under this Agreement, the other Loan Instruments, any other agreement, facility or relationship with the Lender Administrative Agent or any other Bank and Applicable Law, and (ii) shall not seek to exercise or enforce any such right, power, privilege, remedy or interest in any proceeding instituted by the Lender Administrative Agent or any of the other Banks under or in respect of any Loan Instrument, whether through joinder, consolidation, setoff, recoupment, abatement, reduction, counterclaim, defense or otherwise. (b) In any dispute with the LenderAdministrative Agent or any other Bank, each Loan Party Borrower covenants and agrees that it will not seek, recover or retain any, and each Loan Party Borrower each hereby expressly waives any and all, special, exemplary, punitive, statutory punitive and/or consequential damages (whether through action, suit, counterclaim or otherwise and whether in contract, tort, strict liability or otherwise) to the extent waiver is not limited under Applicable Law.

Waiver of Setoff, Special Damages, Etc. (a) Each Loan Party The Purchaser hereby expressly forever expressly, unconditionally and irrevocably waives, and agrees that it will not exercise, any and all rights of setoff, recoupment, abatement or reduction or other claims or counterclaims respecting any payment due (whether as scheduled or required, upon acceleration or as sought in any action, suit or proceeding by the LenderSeller) under this Agreement, any other Loan Instrument, any Stock Purchase Document` Document or any other agreement, facility or relationship with the Lender Seller that may now or hereafter be accorded to the Loan Party Purchaser under Applicable Law or otherwise. To the extent not required as a compulsory counterclaim in any related ongoing proceeding, each Loan Party the Purchaser (i) shall pursue separate exercise and enforcement of any right, power, privilege, remedy or interest retained (and not waived) by the Loan Party Purchaser under this Agreement, the other Loan InstrumentsPurchase Documents, any other agreement, facility or relationship with the Lender Seller and Applicable Law, and (ii) shall not seek to exercise or enforce any such right, power, privilege, remedy or interest in any proceeding instituted by the Lender Seller under or in respect of any Loan InstrumentPurchase Document, whether through joinder, consolidation, setoff, recoupment, abatement, reduction, counterclaim, defense or otherwise. (b) In any dispute with the LenderSeller, each Loan Party covenants and agrees that it will not seek, recover or retain any, and each Loan Party hereby expressly forever expressly, unconditionally and irrevocably waives any and all, special, exemplary, punitive, statutory and/or consequential damages (whether through action, suit, counterclaim or otherwise and whether in contract, tort, strict liability or otherwise) to the extent waiver is not limited under Applicable Law.

Waiver of Setoff, Special Damages, Etc. (a) Each Loan Party hereby expressly waives, and agrees that it will not exercise, any and all rights of setoff, recoupment, abatement or reduction or other claims or counterclaims respecting any payment due (whether as scheduled or required, upon acceleration or as sought in any action, suit or proceeding by the Lender) under this Agreement, any other Loan Instrument, any Stock Purchase Document` or any other agreement, facility or relationship with the Lender that may now or hereafter be accorded to the Loan Party under Applicable Law or otherwise. To the extent not required as a compulsory counterclaim in any related ongoing proceeding, each Loan Party (i) SPAR ESOP Term Loan Agreement shall pursue separate exercise and enforcement of any right, power, privilege, remedy or interest retained (and not waived) by the Loan Party under this Agreement, the other Loan Instruments, any other agreement, facility or relationship with the Lender and Applicable Law, and (ii) shall not seek to exercise or enforce any such right, power, privilege, remedy or interest in any proceeding instituted by the Lender under or in respect of any Loan Instrument, whether through joinder, consolidation, setoff, recoupment, abatement, reduction, counterclaim, defense or otherwise. (b) In any dispute with the Lender, each Loan Party covenants and agrees that it will not seek, recover or retain any, and each Loan Party hereby expressly waives any and all, special, exemplary, punitive, statutory and/or consequential damages (whether through action, suit, counterclaim or otherwise and whether in contract, tort, strict liability or otherwise) to the extent waiver is not limited under Applicable Law.