WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Mortgagor hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaim) or deduction in any action or proceeding in which Mortgagee is a participant, or arising out of or in any way connected with this Mortgage, the Note, any of the other Loan Documents, or the Debt.
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Deed of Trust, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Borrower hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaim) or deduction in any action or proceeding in which Lender or Trustee is a participant, or arising out of or in any way connected with this Deed of Trust, the Note, any of the other Loan Documents, or the Debt.
WAIVER OF SETOFF AND COUNTERCLAIM. Except as may be permitted under the Relevant Documents, all amounts due under this Mortgage, the Notes and the other Relevant Documents shall be payable without setoff or counterclaim whatsoever.
WAIVER OF SETOFF AND COUNTERCLAIM. Except as may be permitted under the Relevant Documents, all amounts due under this Deed of Trust, the Notes and the other Relevant Documents shall be payable without setoff or counterclaim whatsoever.
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under the Mortgage, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Borrower hereby waives the right to assert a counterclaim (other than compulsory counter-claims) in any action or proceeding brought against it by Lender, or arising out of or in any way connected with this Agreement, the Mortgage, the Note, any of the other Loan Documents, or the Debt.
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Deed of Trust, the Notes, the other Mortgage Notes Indenture Security Documents and each other Security Document to which the Beneficiary is a party or which grants a security interest for the benefit of the Beneficiary shall be payable without setoff, counterclaim or any deduction whatsoever. Trustor hereby waives the right to assert a counterclaim (other than a compulsory counterclaim) in any action or proceeding brought against it by Beneficiary and/or any Lender under the Mortgage Notes Indenture, or arising out of or in any way connected with this Deed of Trust, the other Mortgage Notes Indenture Security Documents, each other Security Document to which the Beneficiary is a party or which grants a security interest for the benefit of the Beneficiary or the Obligations.
WAIVER OF SETOFF AND COUNTERCLAIM. Guarantor waives all rights to interpose any setoffs or counterclaims of any nature in any action or proceeding instituted by Lender with respect to this Guaranty, the collateral therefor, or any matter arising therefrom or relating thereto and the posting of any bond which may otherwise be required, and waives any and all benefits of cross-demands pursuant to section 431.70 of the California Code of Civil Procedure.
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Mortgage, the Notes, the Senior Secured Notes, the Indenture, the Credit Agreement and each other Indebtedness Document shall be payable without setoff, counterclaim or any deduction whatsoever. Mortgagor hereby waives the right to assert a counterclaim (other than a compulsory counterclaim) in any action or proceeding brought against it by Mortgagee and/or any Secured Party under the Credit Agreement, the Indenture or any other Indebtedness Document, or arising out of or in any way connected with this Mortgage, the Credit Agreement, the Indenture or any other Indebtedness Documents.
WAIVER OF SETOFF AND COUNTERCLAIM. All amounts due under this Deed of Trust, the Notes, the Credit Agreement and each other Loan Document to which the Beneficiary is a party or which grants a security interest for the benefit of the Beneficiary shall be payable without setoff, counterclaim or any deduction whatsoever. Trustor hereby waives the right to assert a counterclaim (other than a compulsory counterclaim) in any action or proceeding brought against it by Beneficiary and/or any Lender under the Credit Agreement, or arising out of or in any way connected with this Deed of Trust, the other Loan Documents to which the Beneficiary is a party or which grants a security interest for the benefit of the Beneficiary or the Obligations.
WAIVER OF SETOFF AND COUNTERCLAIM. The Administrative Agent hereby waives all set-offs and counterclaims and all presentments and demands for performance. This Section 13(m) shall survive termination of the Administration Agreement.
