Common use of No Collateral or Setoff Clause in Contracts

No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty hereunder are not secured by any collateral. Obligations in respect of this Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of this Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff, except that set-off solely with respect to amounts payable under this Transaction and any and all Additional Equity Derivative Transactions governed by the Agreement shall be permissible.

Appears in 12 contracts

Samples: UDR, Inc., UDR, Inc., Spirit Realty Capital, Inc.

AutoNDA by SimpleDocs

No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty hereunder are not secured by any collateral. Obligations in respect of this the Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of this the Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff, ; except that set-off solely with respect to amounts payable under this the Transaction and any and all Additional Equity Derivative Transactions governed by the Agreement shall be permissible.

Appears in 8 contracts

Samples: Forward Confirmation (Umb Financial Corp), Umb Financial Corp, Rexford Industrial Realty, Inc.

No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty hereunder are not secured by any collateral. Obligations in respect of this Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of this Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff, except that set-off solely with respect to amounts payable under this Transaction and any and all Additional Equity Derivative Transactions governed by the Agreement shall be permissible.

Appears in 5 contracts

Samples: Spirit Realty, L.P., Spirit Realty, L.P., Spirit Realty, L.P.

No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty hereunder are not secured by any collateral. Obligations in respect of this Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of this Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff, ; except that set-off solely with respect to amounts payable under this Transaction and any and all Additional Equity Derivative Transactions governed by the Agreement shall be permissible.

Appears in 4 contracts

Samples: Rexford Industrial Realty, Inc., Rexford Industrial Realty, Inc., Rexford Industrial Realty, Inc.

No Collateral or Setoff. Notwithstanding Section 6(f) Sections 5 and 6 of this Confirmation or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty CONE hereunder are not secured by any collateral. Obligations in respect of this Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of this Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff, except that set-off solely with respect to amounts payable under this Transaction and any and all Additional Equity Derivative Transactions governed by the Agreement shall be permissible.

Appears in 3 contracts

Samples: Terms Agreement (CyrusOne Inc.), Sales Agreement (CyrusOne Inc.), Terms Agreement (CyrusOne Inc.)

No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty hereunder are not secured by any collateral. Obligations in respect of under this Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of under this Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff. In calculating any amounts under Section 6(e) of the Agreement, except that set-off solely notwithstanding anything to the contrary in the Agreement, (1) separate amounts shall be calculated as set forth in such Section 6(e) with respect to amounts payable under (i) this Transaction and any (ii) all other Transactions, and all Additional Equity Derivative Transactions governed by the Agreement (2) such separate amounts shall be permissiblepayable pursuant to Section 6(d)(ii) of the Agreement.

Appears in 2 contracts

Samples: Landamerica Financial Group Inc, Capitalsource Inc

No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty hereunder are not secured by any collateral. Obligations in respect of this Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of this Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff; provided that (and without prejudice to the provisions of Section 7(x) hereof, except that set-off solely if an Event of Default under Section 5(a)(vii) occurs with respect to amounts payable under this Transaction and any and all Additional Equity Derivative Transactions governed by Dealer, Section 6(f) of the Agreement shall be permissibleapply.

Appears in 2 contracts

Samples: National Storage Affiliates Trust, National Storage Affiliates Trust

AutoNDA by SimpleDocs

No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty Party B hereunder are not secured by any collateral. Obligations in respect of under this Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of under this Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff. In calculating any amounts under Section 6(e) of the Agreement, except that set-off solely notwithstanding anything to the contrary in the Agreement, (a) separate amounts shall be calculated as set forth in such Section 6(e) with respect to amounts payable under (i) this Transaction and any (ii) all other Transactions, and all Additional Equity Derivative Transactions governed by the Agreement (b) such separate amounts shall be permissiblepayable pursuant to Section 6(d)(ii) of the Agreement.

Appears in 1 contract

Samples: Letter Agreement (Black Hills Corp /Sd/)

No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of this Confirmation or the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty Company hereunder are not secured by any collateral. Obligations in respect of this Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of this Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff, except that set-off solely with respect to amounts payable under this Transaction and any and all Additional Equity Derivative Transactions governed by the Agreement shall be permissible.

Appears in 1 contract

Samples: Essential Utilities, Inc.

No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty hereunder are not secured by any collateral. Obligations in respect of this Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of this Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff; provided that [(and without prejudice to the provisions of Section 7(x) hereof14], except that set-off solely if an Event of Default under Section 5(a)(vii) occurs with respect to amounts payable under this Transaction and any and all Additional Equity Derivative Transactions governed by Dealer, Section 6(f) of the Agreement shall be permissibleapply.

Appears in 1 contract

Samples: Sales Agreement (National Storage Affiliates Trust)

No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty hereunder are not secured by any collateral. Obligations in respect of this any Transaction shall not be set off against any other obligations of the parties, other than obligations in respect of a particular Transaction or any other Transaction governed by this Master Confirmation Agreement, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties, other than obligations in respect of any Transaction between the parties governed by this Master Confirmation Agreement, shall be set off against obligations in respect of this any Transaction, whether arising under the Agreement, this Confirmation, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff, except that set-off solely with respect to amounts payable under this Transaction and any and all Additional Equity Derivative Transactions governed by the Agreement shall be permissible.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Lithia Motors Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.