Common use of Netting and Set-Off Clause in Contracts

Netting and Set-Off. (a) If on any date, cash would otherwise be payable or Shares or other property would otherwise be deliverable pursuant to the Transaction Agreement, this Agreement or any other Credit Support Document by Secured Party to Pledgor and by Pledgor to Secured Party and the type of property required to be paid or delivered by each such party on such date is the same, then, on such date, each such party’s obligation to make such payment or delivery will be automatically satisfied and discharged and, if the aggregate amount that would otherwise have been payable or deliverable by one such party exceeds the aggregate amount that would otherwise have been payable or deliverable by the other such party, replaced by an obligation upon the party by whom the larger aggregate amount would have been payable or deliverable to pay or deliver to the other party the excess of the larger aggregate amount over the smaller aggregate amount.

Appears in 7 contracts

Samples: Pledge Agreement (Greenlight Capital Inc), Pledge Agreement (Greenlight Capital Inc), Pledge Agreement (Sina Corp)

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Netting and Set-Off. (a) If If, on any date, cash would otherwise be payable or Shares or other property would otherwise be deliverable pursuant to the Transaction Agreement, this Agreement or any other Credit Support Document by Secured Party to Pledgor and by Pledgor to Secured Party and the type of property required to be paid or delivered by each such party on such date is the same, then, on such date, each such party’s obligation to make such payment or delivery will be automatically satisfied and discharged and, if the aggregate amount that would otherwise have been payable or deliverable by one such party exceeds the aggregate amount that would otherwise have been payable or deliverable by the other such party, replaced by an obligation upon the party by whom the larger aggregate amount would have been payable or deliverable to pay or deliver to the other party the excess of the larger aggregate amount over the smaller aggregate amount.

Appears in 4 contracts

Samples: Pledge Agreement (Adams Jean Morris), Pledge Agreement (Mas Jorge), Pledge Agreement (Mas Jose Ramon)

Netting and Set-Off. (a) If on any date, cash would otherwise be payable or Shares or other property would otherwise be deliverable pursuant to the Collar Transaction Documents, the Credit Agreement or this Pledge Agreement, this Agreement or any other Credit Support Document as applicable, by Secured Party to Pledgor and by Pledgor to Secured Party Party, and the type of property required to be paid or delivered by each such party on such date is the same, then, on such date, each such party’s obligation to make such payment or delivery will be automatically satisfied and discharged and, if the aggregate amount that would otherwise have been payable or deliverable by one such party exceeds the aggregate amount that would otherwise have been payable or deliverable by the other such party, replaced by an obligation upon the party by whom the larger aggregate amount would have been payable or deliverable to pay or deliver to the other party the excess of the larger aggregate amount over the smaller aggregate amount.

Appears in 1 contract

Samples: Pledge Agreement (Directv)

Netting and Set-Off. (ai) If on any date, date cash would otherwise be payable or Shares or other property would otherwise be deliverable hereunder or pursuant to the Transaction Agreement, this Agreement and cash would otherwise be payable or any Shares or other Credit Support Document by Secured Party property would otherwise be deliverable hereunder or pursuant to Pledgor and by Pledgor to Secured Party the Agreement and the type of property required to be paid or delivered by each such party on such date is the same, then, on such date, each such party’s obligation to make such payment or delivery will be automatically satisfied and discharged and, if the aggregate amount that would otherwise have been payable or deliverable by one such party exceeds the aggregate amount that would otherwise have been payable or deliverable by the other such party, replaced by an obligation upon of the party by whom the larger aggregate amount would have been payable or deliverable to pay or deliver to the other party the excess of the larger aggregate amount over the smaller aggregate amount.

Appears in 1 contract

Samples: Letter Agreement (Atp Oil & Gas Corp)

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Netting and Set-Off. (a) If on any date, cash would otherwise be payable or Shares Notes or other property would otherwise be deliverable pursuant to the Transaction Agreement, this Agreement or any other Credit Support Document by Secured Party to Pledgor and by Pledgor to Secured Party and the type of property required to be paid or delivered by each such party on such date is the same, then, on such date, each such party’s obligation to make such payment or delivery will be automatically satisfied and discharged and, if the aggregate amount that would otherwise have been payable or deliverable by one such party exceeds the aggregate amount that would otherwise have been payable or deliverable by the other such party, replaced by an obligation upon the party by whom the larger aggregate amount would have been payable or deliverable to pay or deliver to the other party the excess of the larger aggregate amount over the smaller aggregate amount.

Appears in 1 contract

Samples: Pledge Agreement (Xm Satellite Radio Holdings Inc)

Netting and Set-Off. (a) If on any date, cash would otherwise be payable or Shares or other property would otherwise be deliverable pursuant to the Transaction AgreementAgreements, this Agreement or any other Credit Support Document by Secured Party to Pledgor and by Pledgor to Secured Party and the type of property required to be paid or delivered by each such party on such date is the same, then, on such date, each such party’s obligation to make such payment or delivery will be automatically satisfied and discharged and, if the aggregate amount that would otherwise have been payable or deliverable by one such party exceeds the aggregate amount that would otherwise have been payable or deliverable by the other such party, replaced by an obligation upon the party by whom the larger aggregate amount would have been payable or deliverable to pay or deliver to the other party the excess of the larger aggregate amount over the smaller aggregate amount.

Appears in 1 contract

Samples: Pledge Agreement (Sina Corp)

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