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.
Appears in 5 contracts
Samples: Security Agreement and Fixture Filing (MPG Office Trust, Inc.), Cash Management Agreement (Maguire Properties Inc), Cash Management Agreement (Maguire Properties Inc)
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 Grantor 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 participantbrought against it by Beneficiary, 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.
Appears in 4 contracts
Samples: Substitute Management Agreement (Innkeepers Usa Trust/Fl), Substitute Management Agreement (Innkeepers Usa Trust/Fl), Security Agreement (Innkeepers Usa Trust/Fl)
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 Grantor hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaimcounterclaims) or deduction in any action or proceeding in which Lender or Trustee is a participantbrought against it by Beneficiary, 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.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Equity Inns Inc), Security Agreement and Fixture Filing (Equity Inns Inc)
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 Trustor 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 Beneficiary 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.
Appears in 2 contracts
Samples: And Security Agreement (First Potomac Realty Trust), And Security Agreement (First Potomac Realty Trust)
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 (except for compulsory counterclaims), or any deduction whatsoever. Borrower Grantor hereby waives the right to assert a setoff, counterclaim (other than a mandatory or except on compulsory counterclaimcounterclaims) or deduction in any action or proceeding in which Lender or Trustee Beneficiary 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.
Appears in 1 contract
Samples: And Rents and Security Agreement (Glimcher Realty Trust)
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 Grantor 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 Beneficiary 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.
Appears in 1 contract
Samples: And Security Agreement (Horizon Group Properties Inc)
