Setoff, Etc. The Collateral and the rights of Lender with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. Borrower is the owner of the Collateral free from any lien, security interest, encumbrance or other claim or demand, except Permitted Liens.
Appears in 5 contracts
Samples: Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc)
Setoff, Etc. The Collateral and the rights of Lender the Agent and the Banks with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower is the owner of the Collateral free from any lien, security interest, encumbrance or other claim or demand, except Permitted Liens.
Appears in 4 contracts
Samples: Loan Agreement (Wellsford Real Properties Inc), Term Loan Agreement (Wellsford Real Properties Inc), Revolving Credit Agreement (Wellsford Real Properties Inc)
Setoff, Etc. The Collateral and the rights of Lender the Agent and the Banks with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower is the owner of the Collateral free from any lien, security interest, encumbrance or other claim or demand, except Permitted Liensthose encumbrances permitted in the Security Deeds.
Appears in 3 contracts
Samples: Master Revolving Credit Agreement (Ramco Gershenson Properties Trust), Master Revolving Credit Agreement (Ramco Gershenson Properties Trust), Master Revolving Credit Agreement (Ramco Gershenson Properties Trust)
Setoff, Etc. The Collateral and the rights of Lender with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. Borrower is and Assignor are the owner owners of the Collateral free from any lien, security interest, encumbrance or other claim or demand, except Permitted Liens.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc)
Setoff, Etc. The Collateral and the Lender's rights of Lender with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower is the owner of the Collateral free from any lien, security interest, encumbrance or and any other claim or demand, demand except Permitted Liensas permitted in the Security Deed and the junior mortgage in favor of the Junior Creditor subject to the Subordination Agreement.
Appears in 1 contract
Samples: Construction Loan Agreement (American Skiing Co /Me)
Setoff, Etc. The Collateral and the rights of the Lender with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower is the owner of the Collateral free from any lien, security interest, encumbrance or and any other claim or demand, except Permitted Liens.
Appears in 1 contract
Samples: Loan Agreement (Ebs Building LLC)
Setoff, Etc. The Collateral and the rights of the Lender with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower is the owner of the Collateral free from any lien, security interest, encumbrance or and, to the knowledge of the Borrower, any other claim or demand, except for Permitted Liens.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Microfluidics International Corp)
Setoff, Etc. The Collateral and the rights of the Lender with ----------- respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower is the owner of the Collateral free from any lien, security interest, encumbrance or and any other claim or demand, except Permitted Liens.
Appears in 1 contract
Samples: Loan Agreement (Jameson Inns Inc)
Setoff, Etc. The Collateral and the rights of Lender the Bank with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower is the owner of the Collateral free from any lien, security interest, encumbrance or and any other claim or demand, except for Permitted Liens.
Appears in 1 contract
Setoff, Etc. The Collateral and the Lenders’ rights of Lender with respect to the Collateral are not subject to any setoff, claims, withholdings or other defensesdefenses of Borrower or Guarantor. Borrower is and Guarantor are the owner owners of the Collateral free from any lienLien, security interest, encumbrance or and any other claim or demand, except other than the Permitted Liens.
Appears in 1 contract
Samples: Revolving Credit Construction Loan Agreement (Wci Communities Inc)
