Common use of Right of Setoff, Sharing of Payments; Etc Clause in Contracts

Right of Setoff, Sharing of Payments; Etc. (a) Each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDED, HOWEVER, that such Lender's failure to give such notice shall not affect the validity thereof.

Appears in 3 contracts

Samples: Credit Agreement (Imco Recycling Inc), Credit Agreement (Atrium Companies Inc), Credit Agreement (Atrium Companies Inc)

AutoNDA by SimpleDocs

Right of Setoff, Sharing of Payments; Etc. (a) Each If any Event of Default shall have occurred and be continuing, each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that such Lender's failure to give such notice shall not affect the validity thereof.

Appears in 3 contracts

Samples: Reaffirmation Agreement (Centennial Communications Corp /De), Security Agreement (Centennial Cellular Corp), Credit Agreement (Centennial Communications Corp /De)

Right of Setoff, Sharing of Payments; Etc. (a) Each Obligor ----------------------------------------- agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that such Lender's failure to give such notice shall -------- ------- not affect the validity thereof.

Appears in 2 contracts

Samples: Credit Agreement (Tmil Corp), Credit Agreement (Tuesday Morning Corp/De)

Right of Setoff, Sharing of Payments; Etc. (a) Each If any Event ----------------------------------------- of Default shall have occurred and be continuing, each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations Loans or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVER-------- however, that such Lender's Lenders failure to give such notice shall not affect the ------- validity thereof.

Appears in 1 contract

Samples: Credit Agreement (Princess Beverly Coal Holding Co Inc)

Right of Setoff, Sharing of Payments; Etc. (a) Each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor Ob- ligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that such Lender's failure to give such notice shall not affect the validity thereof.

Appears in 1 contract

Samples: Credit Agreement (Atrium Companies Inc)

Right of Setoff, Sharing of Payments; Etc. (a) Each If any Event of Default shall have occurred and be continuing, each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations Term Loans or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that such Lender's failure to give such notice shall not affect the validity thereof.

Appears in 1 contract

Samples: Credit Agreement (Aether Systems Inc)

Right of Setoff, Sharing of Payments; Etc. (a) Each ----------------------------------------- Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that such Lender's failure to give such notice shall ----------------- not affect the validity thereof.

Appears in 1 contract

Samples: Credit Agreement (Krasovec Frank P)

Right of Setoff, Sharing of Payments; Etc. (a) Each If any Event of Default shall have occurred and be continuing, each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations or any other amount payable amoxxx xxyable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that such Lender's failure to give such notice shall not affect the validity xxxxxxty thereof.

Appears in 1 contract

Samples: Credit Agreement (Pricellular Corp)

Right of Setoff, Sharing of Payments; Etc. (a) Each If any Event of Default shall have occurred and be continuing, each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it it, or by any of its Affiliates, for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that such Lender's failure to give such notice shall not affect the validity thereof.

Appears in 1 contract

Samples: Credit Agreement (Imagistics International Inc)

AutoNDA by SimpleDocs

Right of Setoff, Sharing of Payments; Etc. (a) Each If any Event of ----------------------------------------- Default shall have occurred and be continuing, each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it it, or by any of its Affiliates, for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that -------- ------- such Lender's failure to give such notice shall not affect the validity thereof.

Appears in 1 contract

Samples: Credit Agreement (Imagistics International Inc)

Right of Setoff, Sharing of Payments; Etc. (a) Each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Revolving Credit Loans, Reimbursement Obligations or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that such Lender's failure to give such notice shall not affect the validity thereof.

Appears in 1 contract

Samples: Credit Agreement (Imco Recycling Inc)

Right of Setoff, Sharing of Payments; Etc. (a) Each If any Event of Default shall have occurred and be continuing, each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDED, HOWEVER, that such Lender's failure to give such notice shall not affect the validity thereof.

Appears in 1 contract

Samples: Credit Agreement (Nassau Broadcasting Corp)

Right of Setoff, Sharing of Payments; Etc. (a) Each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's lien or counterclaim a Lender may otherwise have, each Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Lender's Loans, Reimbursement Obligations or any other amount payable to such Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that such Lender's failure to give such notice shall not affect the validity thereof.

Appears in 1 contract

Samples: Credit Agreement (Atrium Companies Inc)

Right of Setoff, Sharing of Payments; Etc. (a) Each Obligor agrees that, in addition to (and without limitation of) any right of setoff, banker's ’s lien or counterclaim a Revolving Credit Lender may otherwise have, each Revolving Credit Lender shall be entitled, at its option (to the fullest extent permitted by law), to set off and apply any deposit (general or special, time or demand, provisional or final), or other indebtedness, held by it for the credit or account of such Obligor at any of its offices, in Dollars or in any other currency, against any principal of or interest on any of such Revolving Credit Lender's ’s Loans, Reimbursement Obligations or any other amount payable to such Revolving Credit Lender hereunder that is not paid when due (regardless of whether such deposit or other indebtedness is then due to such Obligor), in which case it shall promptly notify such Obligor and the Administrative Agent thereof; PROVIDEDprovided, HOWEVERhowever, that such Revolving Credit Lender's ’s failure to give such notice shall not affect the validity thereof.

Appears in 1 contract

Samples: Security Agreement (Tuesday Morning Corp/De)

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