Common use of Setoff, Etc Clause in Contracts

Setoff, Etc. The Collateral and the Lender's rights 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 and any other claim or demand.

Appears in 2 contracts

Sources: Construction Loan and Security Agreement (Griffin Land & Nurseries Inc), Construction Loan and Security Agreement (Griffin Land & Nurseries Inc)

Setoff, Etc. The Collateral and the Lender's rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower is Borrower, REA and each Guarantor are the owner owners of the their respective Collateral free from any lien, security interest, encumbrance and any or other claim or demand, except those encumbrances permitted in the Mortgages.

Appears in 2 contracts

Sources: Revolving Credit Agreement (American Real Estate Investment Corp), Revolving Credit Agreement (American Real Estate Investment Corp)

Setoff, Etc. The Collateral and the Lender's ’s rights 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 and any other claim or demand.

Appears in 1 contract

Sources: Construction Loan and Security Agreement (Griffin Land & Nurseries Inc)

Setoff, Etc. The Collateral and the Lender's rights of the Collateral Agent and 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 and and, to the knowledge of the Borrower, any other claim or demand, except for Permitted Liens.

Appears in 1 contract

Sources: Line of Credit Agreement (Toymax International Inc)

Setoff, Etc. The Collateral and the Lender's Lenders' rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defensesdefenses of Borrower. The Borrower is the owner of the Collateral free from any lien, security interest, encumbrance and any other claim or demand, other than the Permitted Liens.

Appears in 1 contract

Sources: Revolving Credit Construction Loan Agreement (Wci Communities Inc)

Setoff, Etc. The Collateral and the Lender's rights of the Agent and the Lenders with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower is Obligors are the owner of the Collateral free from any lien, security interest, encumbrance and and, to the knowledge of the Borrower, any other claim or demand, except for Permitted Liens.

Appears in 1 contract

Sources: Revolving Credit Agreement (Dollar Tree Stores Inc)

Setoff, Etc. The Collateral and the Lender's rights of the Agent and the Banks with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower is Borrowers are the owner owners of the Collateral free from any lien, security interest, encumbrance and any or other claim or demand, except the Permitted Liens.

Appears in 1 contract

Sources: Revolving Credit Agreement (Schuler Homes Inc)

Setoff, Etc. The Collateral and the Lender's Lenders' rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defensesdefenses of Borrower. The Borrower is the owner of the Collateral free from any lienLien, security interest, encumbrance and any other claim or demand, other than the Permitted Liens.

Appears in 1 contract

Sources: Revolving Credit Construction Loan Agreement (Wci Communities Inc)

Setoff, Etc. The Collateral and the Lender's rights of 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 and any or other claim or demand, except for Permitted Liens of the type described in clauses (ii), (vii) or (viii) of the definition thereof.

Appears in 1 contract

Sources: Bridge Loan Agreement (Ramco Gershenson Properties Trust)