Common use of NO DEFENSES OF BORROWER Clause in Contracts

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Agent and/or Lenders with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Agent and/or Lenders, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Agent and/or Lenders from any liability thereunder.

Appears in 2 contracts

Samples: First Loan Modification Agreement (Exa Corp), First Loan Modification Agreement (Vringo Inc)

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NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Collateral Agent and/or the Lenders with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Collateral Agent and/or the Lenders, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Collateral Agent and/or the Lenders from any liability thereunder.

Appears in 2 contracts

Samples: Loan Modification Agreement (PTC Therapeutics, Inc.), Loan Modification Agreement (PTC Therapeutics, Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that that, as of the Effective Date, Borrower has no offsets, defenses, claims, or counterclaims against Agent and/or or Lenders with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, claims or counterclaims against Agent and/or or Lenders, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Agent and/or and Lenders from any liability thereunder.

Appears in 2 contracts

Samples: Fifth Loan Modification Agreement (A123 Systems, Inc.), Loan Modification Agreement (A123 Systems, Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Agent and/or or Lenders with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did havehave prior to the date hereof, any offsets, defenses, claims, or counterclaims against Agent and/or or Lenders, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Agent and/or and Lenders from any liability thereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Telecommunication Systems Inc /Fa/), Loan and Security Agreement (Telecommunication Systems Inc /Fa/)

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NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Collateral Agent and/or Lenders or the Lender with respect to the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Collateral Agent and/or Lendersor the Lender, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Collateral Agent and/or Lenders and the Lender from any liability thereunder.

Appears in 1 contract

Samples: Consent and First Loan Modification Agreement (Zalicus Inc.)

NO DEFENSES OF BORROWER. Borrower hereby acknowledges and agrees that Borrower has no offsets, defenses, claims, or counterclaims against Agent and/or Lenders or any Lender with respect to the Loan Documents, the Obligations, or otherwise, and that if Borrower now has, or ever did have, any offsets, defenses, claims, or counterclaims against Agent and/or Lendersor any Lender, whether known or unknown, at law or in equity, all of them are hereby expressly WAIVED and Borrower hereby RELEASES Agent and/or Lenders and each Lender from any liability thereunder.

Appears in 1 contract

Samples: Loan and Security Agreeemnt (Biolase Technology Inc)

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