Common use of Right of Set-Off; Adjustments Clause in Contracts

Right of Set-Off; Adjustments. During the continuance of any Event of Default, the Lender (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by the Lender (or any of its affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note, irrespective of whether the Lender shall have made any demand under this Agreement or the Note and although such obligations may be unmatured. The Lender agrees promptly to notify the Borrower after any such set-off and application made by the Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of the Lender under this §7.2 are in addition to other rights and remedies (including other rights of set-off) that the Lender may have.

Appears in 1 contract

Samples: Loan Agreement (K-Sea Transportation Partners Lp)

AutoNDA by SimpleDocs

Right of Set-Off; Adjustments. During Upon the occurrence and during the continuance of any Event of Default, the each Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by the such Lender (or any of its affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the NoteNote held by such Lender, irrespective of whether the such Lender shall have made any demand under this Agreement or the such Note and although the payment of such obligations may be unmaturednot have been accelerated. The Each Lender agrees promptly to notify the Borrower after any such set-off and application made by the such Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of the each Lender under this §7.2 Section are in addition to other rights and remedies (including including, without limitation, other rights of set-off) that the such Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Wackenhut Corrections Corp)

Right of Set-Off; Adjustments. During the continuance of any Event of Default, the Lender (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by the Lender (or any of its affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note, irrespective of whether the Lender shall have made any demand under this Agreement or the Note and although such obligations may be unmatured. The Lender agrees promptly to notify the Borrower after any such set-off and application made by the Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of the Lender under this §7.2 9.2 are in addition to other rights and remedies (including other rights of set-off) that the Lender may have.

Appears in 1 contract

Samples: Loan Agreement (K-Sea Transportation Partners Lp)

Right of Set-Off; Adjustments. During Upon the occurrence and during the continuance of any Event of DefaultDefault under Section 8.1(a), the each Lender (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final, other than payroll or trust accounts) at any time held and other indebtedness at any time owing by the such Lender (or any of its affiliatesAffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing such Person then due and owing under this Credit Agreement and the Noteor under any other Credit Document, irrespective of whether the such Lender shall have made any demand under this Agreement hereunder or the Note and although such obligations may be unmaturedthereunder. The Each Lender agrees promptly to notify in writing the Borrower after any such set-off and application made by the such Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of the each Lender under this §7.2 Section 10.2 are in addition to other rights and remedies (including including, without limitation, other rights of set-off) that the such Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Birds Eye Foods, Inc.)

Right of Set-Off; Adjustments. During Upon the occurrence and during the continuance of any Event of Default, the each Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by the such Lender (or any of its affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the NoteNote held by such Lender, irrespective of whether the such Lender shall have made any demand under this Agreement or the such Note and although such obligations may be unmatured. The Each Lender agrees promptly to notify the Borrower after any such set-off and application made by the such Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of the each Lender under this §7.2 Section 11.3 are in addition to other rights and remedies (including including, without limitation, other rights of set-off) that the such Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Data General Corp)

Right of Set-Off; Adjustments. (i) During the continuance of any Event of Default, the Lender (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by the Lender (or any of its affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the NoteNotes, irrespective of whether the Lender shall have made any demand under this Agreement or the Note Notes and although such obligations may be unmatured. The Lender agrees promptly to notify the Borrower after any such set-off and application made by the Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of the Lender under this §7.2 8.2(c) are in addition to other rights and remedies (including other rights of set-off) that the Lender may have.

Appears in 1 contract

Samples: Loan Agreement (K-Sea Transportation Partners Lp)

Right of Set-Off; Adjustments. During Upon the occurrence and during the continuance of any Event of Default, the each Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by the such Lender (or any of its affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the NoteNote held by such Lender, irrespective of whether the such Lender shall have made any demand under this Agreement or the such Note and although such obligations may be unmatured. The Each Lender agrees promptly to notify the Borrower after any such set-off and application made by the such Lender; providedPROVIDED, howeverHOWEVER, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of the each Lender under this §7.2 SECTION 13.3 are in addition to other rights and remedies (including including, without limitation, other rights of set-off) that the such Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Berlitz International Inc)

AutoNDA by SimpleDocs

Right of Set-Off; Adjustments. During Upon the occurrence and during the continuance of any Event of Default, the each Lender (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by the such Lender (or any of its affiliatesAffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and Credit Agreement, under the NoteNotes, under any other Credit Document or otherwise, irrespective of whether the such Lender shall have made any demand under this Agreement hereunder or the Note thereunder and although such obligations may be unmatured. The Each Lender agrees promptly to notify the Borrower after any such set-off and application made by the such Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of the each Lender under this §7.2 Section 10.2 are in addition to other rights and remedies (including including, without limitation, other rights of set-off) that the such Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Nordstrom Inc)

Right of Set-Off; Adjustments. During Upon the occurrence and during the continuance of any Event of Default, the each Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by the such Lender (or any of its affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the NoteNote held by such Lender, irrespective of whether the such Lender shall have made any demand under this Agreement or the such Note and although such obligations may be unmatured. The Each Lender agrees promptly to notify the Borrower after any such set-off and application made by the such Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of the Lender under this §7.2 are in addition to other rights and remedies (including other rights of set-off) that the Lender may have.each Lender

Appears in 1 contract

Samples: Credit Agreement (Sykes Healthplan Services Inc)

Right of Set-Off; Adjustments. During Upox xxx xxxxxxxxce and during the continuance of any Event of Default, the each Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by the such Lender (or any of its affiliates) to or for the credit or the account of the any Borrower against any and all of the obligations Obligations of the such Borrower now or hereafter existing under this Agreement and the Noteexisting, irrespective of whether the such Lender shall have made any demand under this Agreement or the such Note and although such obligations Obligations may be unmatured. The Each Lender agrees promptly to notify the applicable Borrower after any such set-off and application made by the such Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of the each Lender under this §7.2 Section 13.3 are in addition to other rights and remedies (including including, without limitation, other rights of set-off) that the such Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Consoltex Usa Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!