Waiver of Right of Set-Off. The Custodian hereby waives and relinquishes all contractual and common law rights of set-off to which it may now or hereafter be or become entitled with respect to any obligations of the Funds to the Custodian arising under this Agreement.
Waiver of Right of Set-Off. Subject to applicable law, neither any Holder or beneficial owner of the Senior Non Preferred Debt Securities of any series nor the Trustee acting on behalf of the Holders of the Senior Non Preferred Debt Securities of such series may exercise, claim or plead any right of set-off, netting, compensation or retention in respect of any amount owed to it by the Company in respect of, or arising under, or in connection with, the Senior Non Preferred Debt Securities of such series or this Senior Non Preferred Debt Securities Indenture and each Holder and beneficial owner of the Senior Non Preferred Debt Securities of such series, by virtue of its holding of any Senior Non Preferred Debt Securities of such series or any interest therein, and the Trustee acting on behalf of the Holders of the Senior Non Preferred Debt Securities of such series, shall be deemed to have waived all such rights of set-off, netting, compensation or retention. If, notwithstanding the above, any amounts due and payable to any Holder or beneficial owner of a Senior Non Preferred Debt Security of any series or any interest therein by the Company in respect of, or arising under, the Senior Non Preferred Debt Securities of such series are discharged by set-off, such Holder or beneficial owner shall, subject to applicable law, immediately pay an amount equal to the amount of such discharge to the Company (or, if the event of any voluntary or involuntary liquidation of the Company shall have occurred, the liquidator or administrator of the Company, as the case may be) and, until such time as payment is made, shall hold an amount equal to such amount in trust (where possible) or otherwise for the Company (or the liquidator or administrator of the Company, as the case may be) and, accordingly, any such discharge shall be deemed not to have taken place.
Waiver of Right of Set-Off. The Purchaser waives and relinquishes any right of set off or counterclaim, deduction or retention which the Purchaser might otherwise have in respect of any Claim against or out of any payments which the Purchaser may be obliged to make (or procure to be made) to the Management Warrantors pursuant to this Deed or otherwise.
Waiver of Right of Set-Off. Notwithstanding any provision of this Agreement, the Confirmation or any other existing or future agreement between the parties hereto, each party irrevocably waives any and all rights it may have to set-off, net, recoup or otherwise withhold or suspend or condition payment or performance of any obligation between the two parties hereunder against any obligations between the two parties, whether arising under any agreement, applicable law or otherwise.
Waiver of Right of Set-Off. Subject to applicable law, neither any holder or beneficial owner of notes nor the trustee acting on behalf of the holders and beneficial owners of notes may exercise, claim or plead any right of set-off, compensation or retention in respect of any amount owed to it by ING in respect of, or arising under, or in connection with, the notes and each holder and beneficial owner of notes, by virtue of its holding of any notes or any interest therein, and the trustee acting on behalf of the holders and beneficial owners of notes, shall be deemed to have waived all such rights of set-off, compensation or retention.
Waiver of Right of Set-Off. The Collateral Agent waives, with respect to all of its existing and future claims against the Facility Lessee, all existing and future rights of set-off and banker's liens against the Accounts and subaccounts and all items (and proceeds thereof) that come into its possession in connection with the Accounts.
Waiver of Right of Set-Off. Depositary Agent waives, with respect to all of its existing and future claims against Borrower or any Affiliate thereof, all existing and future rights of set-off and banker's liens against the Accounts and all items (and proceeds thereof) that come into its possession in connection with the Accounts.
Waiver of Right of Set-Off. The Purchaser Indemnitees hereby waive any right of set-off which such Purchaser Indemnitees may have against any assets of the Shareholder Indemnitees which they may hold and any amounts which they may owe to the Shareholder Indemnitees for any reason, including, without limitation any amount owed by Purchaser or any of its Affiliates to STIC and its Affiliates pursuant to the ISx Debt. The Shareholder Indemnitees hereby waive any right of set-off which such Shareholder Indemnitees may have against any assets of the Purchaser Indemnitees which they may hold and any amounts which they may owe to the Purchaser Indemnitees.
Waiver of Right of Set-Off. 27. Other terms
Waiver of Right of Set-Off. The obligations of the Customer and the carriers and other entities which the Contractor is entitled to xxxx under the Master Agreement (“Users”) shall not be subject to, and the Customer hereby expressly waives, any right of setoff or deduction against amounts due and payable in respect of the Financed SOW Receivables that might arise by reason of any failure by the Contractor to perform any of its obligations relating to such Financed SOW Receivables or relating to any other Statement of Work entered into at any time, whether prior to or after the date hereof, under the Master Agreement or under any other agreement between the Customer and the Contractor and any of its affiliates (such other Statements of Work and other agreements are collectively referred to as the “Other Agreements”). Notwithstanding the foregoing, by its execution hereof, neither the Customer nor any User releases, waives, discharges or otherwise agrees to forego any rights or remedies (other than set-off or deduction against amounts due and payable in respect of the Financed SOW Receivables) that may be asserted against the Contractor under any SOW or the Other Agreements, whether at law or in equity, including but not limited to termination, Performance Credits or damages, but subject to any applicable restrictions set forth in each SOW or the Other Agreements.
