Common use of Manner of Application; Waiver of Setoff Prohibition Clause in Contracts

Manner of Application; Waiver of Setoff Prohibition. Upon the occurrence and during the continuance of an Event of Default, Borrower waives the right to direct the application of any and all payments at any time or times hereafter received by Bank on account of Borrower's Liabilities and Borrower agrees that Bank shall have the right, in its absolute and sole discretion, to apply and re-apply any and all such payments in such manner as Bank may deem advisable, notwithstanding any entry by Bank upon any of its books and records. Borrower further waives any right under or benefit of any law that would restrict or limit the right or ability of Bank to obtain payment of Borrower's Liabilities, including any law that would restrict or limit Bank in the exercise of its right to appropriate any indebtedness owing from Bank to Borrower and any deposits or other property of Borrower in the possession or control of Bank and apply the same toward or setoff the same against the payment of Borrower's Liabilities.

Appears in 2 contracts

Samples: Loan Agreement (Taylor Capital Group Inc), Loan Agreement (Taylor Capital Group Inc)

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Manner of Application; Waiver of Setoff Prohibition. Upon During the occurrence and during the continuance existence of an Event of Default, Borrower waives the right to direct the application of any and all payments at any time or times hereafter received by Bank on account of Borrower's Liabilities and Borrower agrees that Bank shall have the right, in its absolute and sole discretion, to apply and re-apply any and all such payments in such manner as Bank may deem advisable, notwithstanding any entry by Bank upon any of its books and records. Borrower further waives any right under or benefit of any law that would restrict or limit the right or ability of Bank to obtain payment of Borrower's Liabilities, including any law that would restrict or limit Bank in the exercise of its right to appropriate any indebtedness owing from Bank to Borrower and any deposits or other property of Borrower in the possession or control of Bank and apply the same toward or setoff the same against the payment of Borrower's Liabilities.

Appears in 2 contracts

Samples: Loan and Security Agreement (Heartland Technology Inc), Loan and Security Agreement (Sigmatron International Inc)

Manner of Application; Waiver of Setoff Prohibition. Upon the occurrence and during the continuance of an Event of Default, Borrower waives --------------------------------------------------- the right to direct the application of any and all payments at any time or times hereafter received by Bank on account of Borrower's Liabilities and Borrower agrees that Bank shall have the right, in its absolute and sole discretion, to apply and re-apply any and all such payments in such manner as Bank or such Bank may deem advisable, notwithstanding any entry by Bank upon any of its books and records. Borrower further waives any right under or benefit of any law that would restrict or limit the right or ability of Bank to obtain payment of Borrower's Liabilities, including any law that would restrict or limit Bank in the exercise of its right to appropriate any indebtedness owing from Bank to Borrower and any deposits or other property of Borrower in the possession or control of Bank and apply the same toward or setoff the same against the payment of Borrower's Liabilities.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartland Partners L P)

Manner of Application; Waiver of Setoff Prohibition. Upon the occurrence and during the continuance of an Event of Default, each Borrower waives the right to direct the application of any and all payments at any time or times hereafter received by Bank on account of Borrower's Borrowers' Liabilities and Borrower agrees that Bank shall have the right, in its absolute and sole discretion, to apply and re-apply any and all such payments toward Borrowers' Liabilities in such manner as Bank may deem advisable, notwithstanding any entry by Bank upon any of its books and records. Each Borrower further waives any right under or benefit of any law that would restrict or limit the right or ability of Bank to obtain payment of Borrower's Borrowers' Liabilities, including any law that would restrict or limit Bank in the exercise of its right to appropriate any indebtedness owing from Bank to Borrower and any deposits or other property of Borrower in the possession or control of Bank and apply the same toward or setoff the same against the payment of Borrower's Borrowers' Liabilities.

Appears in 1 contract

Samples: Loan Agreement (Kv Pharmaceutical Co /De/)

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Manner of Application; Waiver of Setoff Prohibition. Upon the occurrence and during the continuance of an Event of Default, Each Borrower --------------------------------------------------- waives the right to direct the application of any and all payments at any time or times hereafter received by Bank on account of Borrower's Borrowers' Liabilities and each Borrower agrees that Bank shall have the right, in its absolute and sole discretion, to apply and re-apply any and all such payments in such manner as Bank or such Bank may deem advisable, notwithstanding any entry by Bank upon any of its books and records. Each Borrower further waives any right under or benefit of any law that would restrict or limit the right or ability of Bank to obtain payment of Borrower's Borrowers' Liabilities, including any law that would restrict or limit Bank in the exercise of its right to appropriate any indebtedness owing from Bank to any Borrower and any deposits or other property of any Borrower in the possession or control of Bank and apply the same toward or setoff the same against the payment of Borrower's Borrowers' Liabilities.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartland Partners L P)

Manner of Application; Waiver of Setoff Prohibition. Upon the occurrence and during the continuance of Following an Event of Default, each Borrower waives the right to direct the application of any and all payments at any time or times hereafter received by Bank on account of Borrower's Borrowers' Liabilities and each Borrower agrees that Bank shall have the right, in its absolute and sole discretion, to apply and re-apply any and all such payments in such manner as Bank may deem advisable, notwithstanding any entry by Bank upon any of its books and records. Each Borrower further waives any right under or benefit of any law that would restrict or limit the right or ability of Bank to obtain payment of Borrower's Borrowers' Liabilities, including any law that would restrict or limit Bank in the exercise of its right to appropriate any indebtedness owing from Bank to Borrower Borrowers and any deposits or other property of any Borrower in the possession or control of Bank and apply the same toward or setoff the same against the payment of Borrower's Borrowers' Liabilities.

Appears in 1 contract

Samples: Loan and Security Agreement (Paul Harris Stores Inc)

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