Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi).
Appears in 8 contracts
Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Credit Agreement (Tier Reit Inc), Credit Agreement (Carter Validus Mission Critical REIT, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)Person.
Appears in 5 contracts
Samples: Credit Agreement (Four Springs Capital Trust), Credit Agreement (GTJ REIT, Inc.), Credit Agreement (Monogram Residential Trust, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A8.2(i), (vvi), (vii) and (viviii).
Appears in 5 contracts
Samples: Credit Agreement (Plymouth Industrial REIT Inc.), Credit Agreement (Plymouth Industrial REIT Inc.), Credit Agreement (Plymouth Industrial REIT Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their its Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)Person.
Appears in 4 contracts
Samples: Senior Secured Credit Agreement (Healthcare Trust, Inc.), Credit Agreement (GTJ Reit, Inc.), Credit Agreement (GTJ Reit, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower Borrowers or any of their Subsidiaries or Affiliates or, to the best knowledge of the BorrowerBorrowers, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi).
Appears in 3 contracts
Samples: Credit Agreement (CoreSite Realty Corp), Credit Agreement (CoreSite Realty Corp), Credit Agreement (Dupont Fabros Technology, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower Borrowers or any of their Subsidiaries or Affiliates or, to the best knowledge of the BorrowerBorrowers, any other Person other than Permitted Liens described in §8.2(i)(A8.2(i), (vvi), (vii) and (viviii).
Appears in 3 contracts
Samples: Credit Agreement (Bluerock Residential Growth REIT, Inc.), Credit Agreement (City Office REIT, Inc.), Credit Agreement (City Office REIT, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their its Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)8.2.
Appears in 2 contracts
Samples: Credit Agreement (Independence Realty Trust, Inc), Credit Agreement (Independence Realty Trust, Inc)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their Subsidiaries or Affiliates or, to the best actual knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)Person.
Appears in 2 contracts
Samples: Credit Agreement (MedEquities Realty Trust, Inc.), Credit Agreement (MedEquities Realty Trust, Inc.)
Setoff, Etc. The Collateral and the rights of the Administrative Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Guarantors, Borrower or any of their its Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)Liens.
Appears in 2 contracts
Samples: Security Agreement (Campus Crest Communities, Inc.), Credit Agreement (Campus Crest Communities, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower Borrower, the Guarantors or any of their respective Subsidiaries or Affiliates or, to the best knowledge of the Borrower, or any other Person other than Permitted Liens described as permitted in §8.2(i)(A), (v) and (vi)the Security Documents.
Appears in 2 contracts
Samples: Mezzanine Credit Agreement (NNN Apartment REIT, Inc.), Credit Agreement (NNN Apartment REIT, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower Loan Parties or any of their Subsidiaries or Affiliates or, to the best knowledge of the BorrowerLoan Parties, any other Person other than Permitted Liens described in §8.2(i)(A), (vvii) and (viviii).
Appears in 2 contracts
Samples: Credit Agreement (Wheeler Real Estate Investment Trust, Inc.), Credit Agreement (Wheeler Real Estate Investment Trust, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower REIT or any of their Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)Person.
Appears in 1 contract
Samples: Credit Agreement (Modiv Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Guarantors, Borrower or any of their its Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v8.2(i) and (vi).
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Gladstone Commercial Corp)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their Subsidiaries or Affiliates or, to the best knowledge of the Borrower’s Knowledge, any other Person other than Permitted Liens described in §8.2(i)(Aclauses (i)(A), (vviii), or (xii) and (vi)of §8.2.
Appears in 1 contract
Setoff, Etc. The Collateral and the rights of the Administrative Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Guarantors, Borrower or any of their its Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A8.2(i), (viv), (vi) and (vivii).
Appears in 1 contract
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower Borrowers, Guarantors or any of their Subsidiaries or Affiliates or, as of the Closing Date, to the best knowledge of the BorrowerBorrowers and Guarantors, any material setoff, claims, withholdings or other defenses by any other Person other than Permitted Liens described in §8.2(i)(A8.2(i), (ii), (v) and (vi).
Appears in 1 contract
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Guarantors, Borrower or any of their its Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi).
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (Republic Property Trust)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their its Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)Liens.
Appears in 1 contract
Setoff, Etc. The Collateral and the rights of the Administrative Agent and the Lenders with respect to the Collateral are not subject to any setoff, claimsclaims (except Permitted Liens, to the extent such claims are considered Liens), withholdings or other defenses by the any Borrower or any of their respective Subsidiaries or Affiliates or, to the best knowledge of the BorrowerBorrowers, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)Person.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Griffin-American Healthcare REIT III, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower Borrowers or any of their Subsidiaries or Affiliates or, to the best knowledge of the BorrowerBorrowers, any other Person other than Permitted Liens described in §8.2(i)(A8.2(i), (vvi)(vii) and (viviii).
Appears in 1 contract
Samples: Credit Agreement (Bluerock Residential Growth REIT, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their Subsidiaries or Affiliates Guarantor or, to the best knowledge of the Borrower, Guarantor, or any other Person other than any rights of tenants set forth in leases disclosed in writing to the Agent and Permitted Liens described in §8.2(i)(A), (vii), (iii) and (viiv).
Appears in 1 contract
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)Person.
Appears in 1 contract
Samples: Credit Agreement (NorthStar Healthcare Income, Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower Borrower, any Guarantor or any of their respective Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v8.2(i) and (vi).
Appears in 1 contract
Samples: Senior Secured Term Loan Agreement (Cogdell Spencer Inc.)
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower Loan Parties or any of their Subsidiaries or Affiliates or, to the best knowledge of the BorrowerLoan Parties, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)Person.
Appears in 1 contract
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower Borrowers or any of their Subsidiaries or Affiliates or, to the best knowledge of the BorrowerBorrowers, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi)8.2.
Appears in 1 contract
Setoff, Etc. The Except as provided in the Pledges, the Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their its Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (vi8.2(i).
Appears in 1 contract
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their Subsidiaries or Affiliates Guarantor or, to the best knowledge of the Borrower, Guarantor, or any other Person other than Permitted Liens described in §8.2(i)(A), (vii) and (viiii).
Appears in 1 contract
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their Subsidiaries or Affiliates Guarantor or, to the best knowledge of the BorrowerBorrower or Guarantor, any other Person other than Permitted Liens described in §8.2(i)(A), (vii) and (viiii).
Appears in 1 contract
Setoff, Etc. The Collateral and the rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses by the Borrower or any of their Subsidiaries or Affiliates or, to the best knowledge of the Borrower, any other Person other than Permitted Liens described in §8.2(i)(A), (v) and (viv).
Appears in 1 contract
Samples: Credit Agreement (Pacific Office Properties Trust, Inc.)
