Common use of Benefit of Setoff and Indemnities Clause in Contracts

Benefit of Setoff and Indemnities. The Company agrees that each Participant shall be deemed to have the right of setoff provided in Section 11.1 in respect of its participating interest in amounts owing under the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it as a Lender under the Loan Documents, provided that each Lender shall retain the right of setoff provided in Section 11.1 with respect to the amount of participating interests sold to each Participant, except to the extent such Participant has exercised its right of setoff. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, agrees to share with each Lender, any amount received pursuant to the exercise of its right of setoff, in accordance with Section 11.2 as if each Participant were a Lender. The Company also agrees that each Participant shall be entitled to the benefits of Sections 3.1 and 3.2 with respect to its participation; provided, that no Participant shall be entitled to receive any greater amount pursuant to such Sections than the transferor Lender would have been entitled to receive in respect of the amount of the participation transferred by such transferor Lender to such Participant had no such transfer occurred.

Benefit of Setoff and Indemnities. The Company Borrower agrees that each Participant shall be deemed to have the right of setoff provided in Section 11.1 in respect of its participating interest in amounts owing under the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it as a Lender under the Loan Documents, provided that each Lender shall retain the right of setoff provided in Section 11.1 with respect to the amount of participating interests sold to each Participant, except to the extent such Participant has exercised its right of setoff. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, each agrees to share with each Lenderthe Lenders, any amount received pursuant to the exercise of its right of setoff, in accordance with Section 11.2 as if each Participant were was a Lender. The Company Borrower also agrees that each Participant shall be entitled to the benefits of Sections 3.1 and 3.2 3.3 with respect to its participationparticipation in the Aggregate Commitments outstanding from time to time; provided, that no Participant shall be entitled to receive any greater amount pursuant to such Sections than the transferor Lender would have been entitled to receive in respect of the amount of the participation transferred by such transferor Lender tender to such Participant had no such transfer occurred.

Benefit of Setoff and Indemnities. The Company Borrower agrees that each Participant shall be deemed to have the right of setoff provided in Section 11.1 in respect of its participating interest in amounts owing under the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it as a Lender under the Loan Documents, provided that each Lender shall retain the right of setoff provided in Section 11.1 with respect to the amount of participating interests sold to each Participant, except to the extent such Participant has exercised its right of setoff. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, each agrees to share with each Lenderthe Lenders, any amount received pursuant to the exercise of its right of setoff, in accordance with Section 11.2 as if each Participant were was a Lender. The Company Borrower also agrees that each Participant shall be entitled to the benefits of Sections 3.1 and 3.2 3.3 with respect to its participationparticipation in the Facility A Aggregate Commitments and the Facility B Aggregate Commitments outstanding from time to time; provided, that no Participant shall be entitled to receive any greater amount pursuant to such Sections than the transferor Lender would have been entitled to receive in respect of the amount of the participation transferred by such transferor Lender to such Participant had no such transfer occurred.