Lender’s Right of Set-Off. Lender shall have the right to set-off against any or all of the Collateral any Obligations then due and unpaid by Borrower.
Lender’s Right of Set-Off. Lender may, at any time upon the occurrence of an Event of Default hereunder and without any further notice to Borrower, set-off or apply any and all deposits (general or special, time or demand, provisional or final) at any time held by, or any other Indebtedness at any time owing by Lender or any Affiliate of Lender or any participant in Lender’s loans, to Borrower to or for the credit or the account of Borrower against any Obligation irrespective of whether any demand has been made hereunder or whether such Obligation is mature. The rights given hereunder are cumulative with all of the other rights and remedies of Lender, including other rights of set-off, under this Agreement, any other agreement or by operation of law or otherwise and shall also constitute a security interest in such deposits. Lender agrees that it shall endeavor to give Borrower prompt written notice of any such actions but Lender’s failure to give any such notice shall not impair or restrict Lender’s rights hereunder.
Lender’s Right of Set-Off. Upon the occurrence of an Event of Default, or if Lender shall be served with garnishment process in which Borrower shall be named as defendant, whether or not any Event of Default shall have occurred, Lender may, but shall not be required to, set-off any indebtedness owing by Lender to Borrower against any of the Indebtedness without first resorting to the security hereunder and without prejudice to any other rights or remedies of Lender or its security interest herein.
Lender’s Right of Set-Off. When the Borrower is required to perform its obligations to the Lender upon their due date, upon acceleration or otherwise, (a) the Lender may set off the receivables it has against the Borrower under this Agreement against its deposit obligations or other obligations owed to the Borrower whether or not such obligations are due and payable, and (b) the Lender may also omit giving prior notice and following established procedures, may take the deposited amount on behalf of the Borrower, and apply this amount to the payment of obligations. The interest, Break Funding Cost and default interest and others for the receivables and obligations involved in such a set-off or application to payment shall be calculated up to the time of such calculation, and in such calculation, the interest rate and default interest rate shall be in accordance with each agreement, and the foreign exchange rate at the time such calculation is made, as reasonably determined by the Lender, shall be applied. If the amount to be set-off or applied to payment is not sufficient to extinguish all of the Borrower’s debts, the Lender may apply such set-off amount in the order and method it deems appropriate, and the Borrower shall not object to such application; provided, the Lender shall be obligated to deliver reasonably satisfactory evidence to the Borrower of the amount of such set-off.
Lender’s Right of Set-Off. Each Lender shall have the right to set-off against any Collateral any Obligations then due and unpaid by Borrower provided that Lender remits to Agent all such sums received as a result of such set-off so that Agent may insure the distribution thereof in accordance with each Lenders Pro Rata Payment Percentage.
Lender’s Right of Set-Off. Lender may, at any time upon the occurrence of a Default or an Event of Default hereunder and without any further notice to Debtor (such notice being expressly waived), set-off or apply any and all deposits (general or special, time or demand, provisional or final) at any time held by, or any other Indebtedness at any time owing by Lender or any affiliate of Lender or any participant in Lender's loans, to Debtor to or for the credit or the account of Debtor against any Obligation irrespective of whether any demand has been made hereunder or whether such Obligation is mature.
Lender’s Right of Set-Off. The Borrowers hereby grant the Lenders a lien on, and a security interest in, the deposit balances, accounts, items, trusts (as permitted by Law), certificates of deposit and monies of the Borrowers in the possession of or on deposit with any of the Lenders, or any of their Affiliates to secure, and as collateral for, the payment and performance of the Obligations. The Lenders may at any time and from time to time after the occurrence of an Event of Default, without demand or notice, appropriate and set-off against and apply the same to the Obligations when and as due and payable.
Lender’s Right of Set-Off. If an Event of Default shall occur, Lender shall have the right, in addition to all other rights and remedies available to it, to set-off against and to appropriate and apply to the unpaid balance of the Guaranteed Obligations any debt owing to, and any other funds held in any manner for the account of Guarantor by Lender or such holder, including without limitation all funds in all deposit accounts (general or special) now or hereafter maintained by Guarantor with Lender or such holder. Such right shall exist whether or not Lender or any such holder shall have made any demand under this Guaranty or any other Facility Loan Document and whether or not the Guaranteed Obligations are matured or unmatured. Guarantor hereby confirms the foregoing arrangements and each such holder's and the Lender's right of banker's lien and set-off and nothing in this Guaranty or any other Facility Loan Document shall be deemed any waiver or prohibition of any such holder's or of Lender's right of banker's lien or set-off.
Lender’s Right of Set-Off. Subject to Section 2.8 hereof, each Lender shall have the right to set-off against any Collateral any Obligations then due and unpaid by Borrower.
Lender’s Right of Set-Off. Upon the occurrence and during the continuation of an Event of Default, Lender shall have the right to set-off and appropriate and apply against any amount due and payable at such time to Lender by Borrower under the Inventory Loan Documents or the Loan Documents, any credits, indebtedness or claims at any time held or owing by Lender or any Affiliate of Lender to or for the credit or account of Borrower without prior notice to Borrower, such notice hereby expressly waived.
