Common use of Waiver of Claims Clause in Contracts

Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the Lenders, or any past or present officers, agents or employees of Agent or any of the Lenders, and each of Borrower and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 24 contracts

Samples: Credit Agreement (Sila Realty Trust, Inc.), Credit Agreement (Sila Realty Trust, Inc.), Term Loan Agreement (Sila Realty Trust, Inc.)

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Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as none of the date hereof have no such Persons has any defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever arising on or before the date hereof with respect to the Loan Documents, the administration or funding of the Loans Loan or the Letters of Credit or with respect to any acts or omissions of Agent or any of the LendersLender, or any past or present officers, agents or employees of Agent or any of Lender pursuant to or relating to the LendersLoan Documents, and each of Borrower and Guarantors such Persons does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of actionaction arising on or before the date hereof, if any.

Appears in 17 contracts

Samples: Credit Agreement (Global Net Lease, Inc.), Senior Secured Credit Agreement (Healthcare Trust, Inc.), Credit Agreement (Global Net Lease, Inc.)

Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as none of the date hereof have no such Persons has any defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever arising on or before the date hereof with respect to the Loan Documents, the administration or funding of the Loans Loan or with respect to any acts or omissions of Agent or any of the LendersLender, or any past or present officers, agents or employees of Agent or any of Lender pursuant to or relating to the LendersLoan Documents, and each of Borrower and Guarantors such Persons does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of actionaction arising on or before the date hereof, if any.

Appears in 13 contracts

Samples: Credit Agreement (DuPont Fabros Technology LP), Credit Agreement and Other Loan Documents (Dupont Fabros Technology, Inc.), Term Loan Agreement (Kite Realty Group Trust)

Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the LendersBanks, or any past or present officers, agents or employees of Agent or any of the LendersBanks, and each of Borrower and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 12 contracts

Samples: Unsecured Term Loan Agreement (Ramco Gershenson Properties Trust), Master Loan Agreement (Ramco Gershenson Properties Trust), Master Loan Agreement (Ramco Gershenson Properties Trust)

Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or Letters of Credit or with respect to any acts or omissions of Agent or any of the LendersLender, or any past or present officers, agents or employees of Agent or any of the LendersLender, and each of Borrower and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 10 contracts

Samples: Credit Agreement (Condor Hospitality Trust, Inc.), Credit Agreement and Other Loan Documents (New Senior Investment Group Inc.), Credit Agreement (Condor Hospitality Trust, Inc.)

Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the LendersLender, or any past or present officers, agents or employees of Agent or any of the LendersLender, and each of Borrower and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 6 contracts

Samples: Credit Agreement (Jernigan Capital, Inc.), Credit Agreement (Jernigan Capital, Inc.), Credit Agreement (Jernigan Capital, Inc.)

Waiver of Claims. The Borrower acknowledges, represents and Guarantors acknowledge, represent and agree agrees that the Borrower and Guarantors as of the date hereof have has no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans Term Loan Advances or with respect to any acts or omissions of the Administrative Agent or any of the LendersLender Party, or any past or present officers, agents or employees of the Administrative Agent or any of the LendersLender Party, and each of the Borrower and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 5 contracts

Samples: Credit Agreement (Summit Hotel Properties, Inc.), Credit Agreement (Summit Hotel Properties, Inc.), Credit Agreement (Summit Hotel Properties, Inc.)

Waiver of Claims. Borrower and Guarantors acknowledge, represent represent, and agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Administrative Agent or any of the Lenders, or any past or present officers, agents or employees of Administrative Agent or any of the Lenders, and each of Borrower and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 5 contracts

Samples: Revolving Credit Agreement (New Plan Excel Realty Trust Inc), Term Loan Agreement (New Plan Excel Realty Trust Inc), Revolving Credit Agreement (New Plan Excel Realty Trust Inc)

Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the Lenders, or any past or present directors, officers, agents or employees of Agent or any of the Lenders, and each of Borrower and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 3 contracts

Samples: Credit Agreement (MedEquities Realty Trust, Inc.), Credit Agreement (MedEquities Realty Trust, Inc.), Credit Agreement and Other Loan Documents (MedEquities Realty Trust, Inc.)

Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as none of the date hereof have no such Persons has any defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever arising on or before the date hereof with respect to the Loan Documents, the administration or funding of the Loans Loan or the Letters of Credit or with respect to any acts or omissions of Agent or any of the LendersLender, or any past or present officers, agents or employees of Agent or any of the LendersLender, and each of Borrower and Guarantors such Persons does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of actionaction arising on or before the date hereof, if any.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Modiv Inc.), Credit Agreement (Modiv Inc.)

Waiver of Claims. Borrower and the Guarantors acknowledge, represent and agree that Borrower and Guarantors the Guarantors, as of the date hereof hereof, have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the Lenders, or any past or present officers, agents or employees of Agent or any of the Lenders, and each of Borrower and the Guarantors does do hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 2 contracts

Samples: Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc)

Waiver of Claims. Borrower and Guarantors Guarantor acknowledge, represent and agree that Borrower and Guarantors Guarantor as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the LendersBanks, or any past or present officers, agents or employees of Agent or any of the LendersBanks, and each of Borrower and Guarantors Guarantor does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 2 contracts

Samples: Unsecured Revolving Loan Agreement (Ramco Gershenson Properties Trust), Ramco Gershenson Properties Trust

Waiver of Claims. Borrower and Guarantors Guarantor acknowledge, represent and agree that Borrower and Guarantors Guarantor as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the LendersLender, or any past or present officers, agents or employees of Agent or any of the LendersLender, and each of Borrower and Guarantors Guarantor does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 2 contracts

Samples: Credit Agreement (NorthStar Healthcare Income, Inc.), Credit Agreement (NorthStar Healthcare Income, Inc.)

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Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the LendersLender, or any past or present officers, agents or employees of Agent or any of the LendersLender, and each of Borrower and Guarantors each Guarantor does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 1 contract

Samples: Credit Agreement (NorthStar Healthcare Income, Inc.)

Waiver of Claims. Borrower Borrowers and Guarantors acknowledge, represent and agree that Borrower and Guarantors such Persons as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Administrative Agent or any of the LendersLender, or any past or present officers, agents or employees of Administrative Agent or any of the LendersLender, and each of Borrower Borrowers and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any. 9.

Appears in 1 contract

Samples: Management Agreement (American Healthcare REIT, Inc.)

Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the LendersLender, or any past or present officers, agents or employees of Agent or any of the LendersLender, and each of Borrower and Guarantors each Guarantor does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 1 contract

Samples: Credit Agreement (NorthStar Healthcare Income, Inc.)

Waiver of Claims. Borrower Borrower, Guarantors, Member and Guarantors Manager acknowledge, represent and agree that Borrower Borrower, Guarantors, Member and Guarantors as of the date hereof Manager currently have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the LendersBanks, or any past or present officers, agents or employees of Agent or any of the LendersBanks, and each of Borrower Borrower, Guarantors, Member and Guarantors Manager does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any, as of the date hereof.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Wellsford Real Properties Inc)

Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the Lenders, or any past or present officers, agents or employees of Agent or any of the Lenders, and each of Borrower and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.. US_Active\115039588\V-3

Appears in 1 contract

Samples: Term Loan Agreement (Carter Validus Mission Critical REIT II, Inc.)

Waiver of Claims. Borrower and Guarantors acknowledge, represent and ---------------- agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the Lenders, or any past or present officers, agents or employees of Agent or any of the Lenders, and each of Borrower and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 1 contract

Samples: Credit Agreement (JDN Realty Corp)

Waiver of Claims. Borrower and Guarantors acknowledge, represent and agree that Borrower and Guarantors as of the date hereof have no defenses, setoffs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Loan Documents, the administration or funding of the Loans or with respect to any acts or omissions of Agent or any of the Lenders, or any past or present officers, agents or employees of Agent or any of the Lenders, US_Active\114995748\V-5 and each of Borrower and Guarantors does hereby expressly waive, release and relinquish any and all such defenses, setoffs, claims, counterclaims and causes of action, if any.

Appears in 1 contract

Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.)

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