Common use of Benefit of Setoff; Increased Costs and Yield Protection Clause in Contracts

Benefit of Setoff; Increased Costs and Yield Protection. The Borrower agrees that each Participant shall be deemed to have the right of setoff provided in Section 11.1, the right to yield protection provided in Section 3.1 and right to funding indemnification provided in Section 3.4 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, the right to yield protection provided in Section 3.1 and right to funding indemnification provided in Section 3.4 with respect to the amount of participating interests sold to each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1 or by recovering amounts to which it is entitled pursuant to Section 3.1 or 3.4, agrees to share with each Lender, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 as if each Participant were a Lender.

Benefit of Setoff; Increased Costs and Yield Protection. The Borrower Borrowers agrees that each Participant shall be deemed to have the right of setoff provided in Section 11.112.1, the right to yield protection provided in Section 3.1 and right to funding indemnification provided in Section 3.4 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 11.112.1, the right to yield protection provided in Section 3.1 and right to funding indemnification provided in Section 3.4 with respect to the amount of participating interests sold to each Participant. The Lenders agree to share with 75 82 each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1 12.1 or by recovering amounts to which it is entitled pursuant to Section 3.1 or 3.4, agrees to share with each Lender, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 12.2 as if each Participant were a Lender.

Benefit of Setoff; Increased Costs and Yield Protection. The Borrower Borrowers agrees that each Participant shall be deemed to have the right of setoff provided in Section 11.112.1, the right to yield protection provided in Section 3.1 and right to funding indemnification provided in Section 3.4 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 11.112.1, the right to yield protection provided in Section 3.1 and right to funding indemnification provided in Section 3.4 with respect to the amount of participating interests sold to each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1 12.1 or by recovering amounts to which it is entitled pursuant to Section 3.1 or 3.4, agrees to share with each Lender, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 12.2 as if each Participant were a Lender.