Common use of Waiver of Counterclaims Clause in Contracts

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 86 contracts

Samples: Loan and Security Agreement (SpartanNash Co), Loan and Security Agreement (Nash Finch Co), Loan and Security Agreement (Spartan Stores Inc)

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Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 71 contracts

Samples: Loan and Security Agreement (Vector Group LTD), Loan and Security Agreement (Vector Group LTD), Possession Term Loan and Security Agreement (Trailer Bridge Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 29 contracts

Samples: Loan and Security Agreement (Haynes International Inc), Assignment and Acceptance Agreement (New York & Company, Inc.), Loan and Security Agreement (Jazz Semiconductor Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 28 contracts

Samples: Loan and Security Agreement (Ulta Beauty, Inc.), Loan and Security Agreement (Five Below, Inc), Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 17 contracts

Samples: Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 9 contracts

Samples: Loan and Security Agreement (Pacific Ethanol, Inc.), Loan and Security Agreement (Inyx Inc), Loan and Security Agreement (Fansteel Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives Borrowers waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 6 contracts

Samples: Loan and Security Agreement (Pcm, Inc.), Loan and Security Agreement (Pc Mall Inc), Loan and Security Agreement (Guess Inc Et Al/Ca/)

Waiver of Counterclaims. Each Borrower and Guarantor Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 6 contracts

Samples: General Security Agreement (SMTC Corp), General Security Agreement (SMTC Corp), General Security Agreement (SMTC Corp)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 5 contracts

Samples: General Security Agreement (SMTC Corp), Guarantor Security Agreement (Microtel International Inc), General Security Agreement (La Gear Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) ), in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 4 contracts

Samples: Loan and Security Agreement (Delta Apparel, Inc), Loan and Security Agreement (Delta Apparel, Inc), Loan and Security Agreement (Delta Apparel Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 4 contracts

Samples: General Security Agreement (Atlantic Express Transportation Corp), General Security Agreement (Atlantic Express Transportation Corp), General Security Agreement (Delta Apparel Inc)

Waiver of Counterclaims. Each Borrower and Guarantor each waives all ----------------------- rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 3 contracts

Samples: Loan Agreement (RBX Corp), Loan Agreement (RBX Industries Inc), Loan Agreement (RBX Corp)

Waiver of Counterclaims. Each Borrower and Guarantor Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the ObligationsNoteholder Debt, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 3 contracts

Samples: Security Agreement (Atlantic Express Transportation Corp), Security Agreement (Atlantic Express Transportation Corp), Security Agreement (Block 7932 Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any ----------------------- claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 3 contracts

Samples: Loan and Security Agreement (Zany Brainy Inc), Loan and Security Agreement (Quadrax Corp), Loan and Security Agreement (Zany Brainy Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral Property or any matter arising therefrom or relating hereto or thereto.

Appears in 3 contracts

Samples: Credit Agreement (Homeplace of America Inc), Credit Agreement (One Price Clothing Stores Inc), Continuing Commercial Credit Agreement (One Price Clothing Stores Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs set-offs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Credit Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 3 contracts

Samples: Limited Guaranty Agreement (Nextera Enterprises Inc), Nextera Enterprises Inc, Nextera Enterprises Inc

Waiver of Counterclaims. Each Borrower and each Guarantor waives waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 3 contracts

Samples: Loan and Security Agreement (Hhgregg, Inc.), Loan and Security Agreement (HHG Distributing, LLC), Loan and Security Agreement (Hhgregg, Inc.)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any ----------------------- claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 2 contracts

Samples: General Security Agreement (Global Sports Inc), General Security Agreement (RBX Corp)

Waiver of Counterclaims. Each Borrower and Guarantor waives The Borrowers waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Loan Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or theretothereto (but nothing in this Section 11.4 shall limit the right of the Borrowers to bring a claim against the Lender in a separate proceeding, subject to the other terms hereof).

Appears in 2 contracts

Samples: Loan Agreement (Coachmen Industries Inc), Loan Agreement (Coachmen Industries Inc)

Waiver of Counterclaims. Each Borrower and Guarantor Debtor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 2 contracts

Samples: General Security Agreement (Mad Catz Interactive Inc), General Security Agreement (Huntco Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.. 11.5

Appears in 2 contracts

Samples: Loan and Security Agreement (Bayou Steel Corp), Loan and Security Agreement (Exabyte Corp /De/)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.. 11.5

Appears in 2 contracts

Samples: Loan and Security Agreement (Wyant Corp), Bucyrus International Inc

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral, the Pledged Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 2 contracts

Samples: General Security and Pledge Agreement (Brill Media Co LLC), General Security and Pledge Agreement (Brill Media Co LLC)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to ----------------------- interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Charming Shoppes Inc), Loan and Security Agreement (Ivi Checkmate Corp)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding involving Agent, Issuing Bank or any Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hancock Fabrics Inc), Loan and Security Agreement (Hancock Fabrics Inc)

Waiver of Counterclaims. Each Borrower and Guarantor each Obligor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 2 contracts

Samples: Loan Agreement (Mad Catz Interactive Inc), Loan Agreement (Mad Catz Interactive Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaimscounterclaims or other claims that will be irrevocably barred if not asserted in the same action or proceeding) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Anchor Glass Container Corp /New), Loan and Security Agreement (Anchor Glass Container Corp /New)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding involving Agent or any Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Hancock Fabrics Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding involving Agent, Issuing Bank or any Lender with 116 respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Hancock Fabrics Inc)

Waiver of Counterclaims. Each Borrower and each Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Health Fitness Physical Therapy Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose ----------------------- any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Nei Webworld Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory 176 counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (SpartanNash Co)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaimscounterclaims or other claims that will be irrevocably barred if not asserted in the same action or proceeding) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Reunion Industries Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any 62 66 action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Zila Inc)

Waiver of Counterclaims. Each Borrower and each Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.. 103

Appears in 1 contract

Samples: Loan and Security Agreement (Gsi Group Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives Guarantors waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: General Security Agreement (SMTC Corp)

Waiver of Counterclaims. Each Borrower and each Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaimscounterclaims or other claims or actions that Borrower or any Guarantor would not otherwise be permitted to pursue in a separate action) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.. 11.5

Appears in 1 contract

Samples: Loan and Security Agreement (Gsi Group Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto. The foregoing shall not restrict Borrower from making any such claim in a separate action.

Appears in 1 contract

Samples: Financing Agreement (Servotronics Inc /De/)

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Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding brought by Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Musicland Stores Corp)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding involving any Agent, Issuing Bank or any Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Hancock Fabrics Inc)

Waiver of Counterclaims. Each Borrower Borrowers, and Guarantor waives each of them, waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (United Grocers Inc /Or/)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom there from or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Geologistics Corp)

Waiver of Counterclaims. Each Borrower and each Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Bell Microproducts Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Clark Material Handling Co)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.. 110

Appears in 1 contract

Samples: Loan and Security Agreement (Merix Corp)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any ------------------------ claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: General Security Agreement (Unidigital Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding brought by Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Form of General Security Agreement (Musicland Stores Corp)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or theretothereto to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan and Security Agreement (Edison Brothers Stores Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto. Notwithstanding any provision herein to the contrary, nothing shall prevent the assertion of any claim by Borrower by separate action, suit or compulsory counterclaim or shall constitute a waiver by Borrower of any such claim or right.

Appears in 1 contract

Samples: Loan and Security Agreement (Jordan Industries Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto. Any claims which are not compulsory counterclaims may be asserted, if at all, only in an independent and separate action and subject in each case to the provisions of Section 13.1 hereof in all respects.

Appears in 1 contract

Samples: Loan and Security Agreement (Adc Telecommunications Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) ), in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Delta Apparel Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any Security Agreement 15 action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: General Security Agreement (Pfsweb Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any ------------------------- claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Delta Apparel Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives Borrowers waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto, but reserve the right to bring a separate action or proceeding to assert, establish or enforce such claims or counterclaims.

Appears in 1 contract

Samples: Loan and Security Agreement (Crown Central Petroleum Corp /Md/)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto; provided, that, nothing contained in this Section 11.4 shall be deemed to prevent Borrower from raising any such claim, deduction, setoff or counterclaim by separate suit or compulsory counterclaim.

Appears in 1 contract

Samples: Loan and Security Agreement (Hirsch International Corp)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding by Lender with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (First Aviation Services Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Terex Corp)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom there from or relating hereto or thereto.

Appears in 1 contract

Samples: Guarantor General Security Agreement (Inyx Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose ----------------------- any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: General Security Agreement (Unidigital Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose ------------------------ any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Dh Apparel Co Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose ----------------------- any claims, deductions, setoffs or counterclaims of any nature (other then than compulsory counterclaims) in any action or proceeding with respect to this Agreement, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Transit Group Inc)

Waiver of Counterclaims. Each Borrower and Guarantor waives all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding brought by Secured Party with respect to this Security Agreement, any Loan Documents, the Obligations, the Collateral or any matter arising therefrom or relating hereto or thereto.

Appears in 1 contract

Samples: Security Agreement (Fidelity Holdings Inc)

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