Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 45 contracts
Samples: Credit Agreement (Hill-Rom Holdings, Inc.), Credit Agreement (Deluxe Corp), Credit Agreement (Hill-Rom Holdings, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 22 contracts
Samples: Credit Agreement (Intuit Inc), Credit Agreement (Intuit Inc), Credit Agreement (Dentsply International Inc /De/)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 19 contracts
Samples: Credit Agreement (Tapestry, Inc.), Credit Agreement (Stepan Co), Credit Agreement (EDGEWELL PERSONAL CARE Co)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 17 contracts
Samples: Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 9 contracts
Samples: Credit Facility Agreement (Janus Capital Group Inc), Five Year Competitive Advance and Revolving Credit Facility Agreement (Janus Capital Group Inc), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Janus Capital Group Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 8 contracts
Samples: Credit Agreement (Shyft Group, Inc.), Credit Agreement (Shyft Group, Inc.), Credit Agreement (Spartan Motors Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor other Credit Party against any of and all the obligations of the Secured Obligations Borrower or any other Credit Party now or hereafter existing under this Credit Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Credit Agreement and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 8 contracts
Samples: Senior Unsecured Bridge Credit Agreement (Medtronic Inc), Senior Unsecured Term Loan Credit Agreement (Medtronic Inc), Senior Unsecured Bridge Credit Agreement (Medtronic Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such the Lender or any Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Loan Party against any of and all of the Secured Obligations held by such LenderObligations, irrespective of whether or not such the Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each the Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 7 contracts
Samples: Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (CRAWFORD UNITED Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 7 contracts
Samples: Credit Agreement (Tapestry, Inc.), Credit Agreement (Tapestry, Inc.), Credit Agreement (Newmarket Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 7 contracts
Samples: Credit Agreement (MATERION Corp), Credit Agreement (MATERION Corp), Credit Agreement (Wellcare Health Plans, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Loan Party against any of and all the obligations of the Secured Obligations Loan Parties now or hereafter existing under the Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the such Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 6 contracts
Samples: Term Loan Credit Agreement (PERRIGO Co PLC), Term Loan Credit Agreement (PERRIGO Co PLC), Revolving Credit Agreement (PERRIGO Co PLC)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Loan Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Financing Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 6 contracts
Samples: Term Loan Agreement (Cleco Power LLC), Credit Agreement (Cleco Power LLC), Bridge Loan Agreement
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its their respective 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or any such Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Borrowers against any of and all obligations of the Secured Obligations Loan Parties now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmaturedunmatured or are owed to a branch or office of such Lender different from the branch or office holding such deposit or obligation. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 6 contracts
Samples: Credit Agreement (Tyson Foods Inc), Credit Agreement (Tyson Foods Inc), Credit Agreement (Tyson Foods Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each any 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 and in whatever currency denominatedfinal) at any time held held, and any other obligations indebtedness at any time owing owing, by such Lender or any such Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrower now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Agreement and although such obligations may be unmaturedunmatured or denominated in a currency other than Dollars. The rights of each Lender or any such Affiliate under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 6 contracts
Samples: Credit Agreement (Global Clean Energy Holdings, Inc.), Credit Agreement (Global Clean Energy Holdings, Inc.), Credit Agreement (Global Clean Energy Holdings, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Financing Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 5 contracts
Samples: Term Loan Agreement (Puget Sound Energy Inc), Term Loan Credit Agreement (Cleco Corporate Holdings LLC), Credit Agreement (Puget Sound Energy Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations such Borrower now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 5 contracts
Samples: Credit Agreement (Bruker Corp), Credit Agreement (Bruker Corp), Credit Agreement (MTS Systems Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all the Obligations of the Secured Obligations such Borrower now or hereafter existing held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Agreement and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 5 contracts
Samples: Credit Agreement (Cabot Corp), Credit Agreement (Cabot Corp), Credit Agreement (Cabot Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Samples: Credit Agreement (G&k Services Inc), Credit Agreement (Priceline Com Inc), Credit Agreement (John Bean Technologies CORP)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrowers now or hereafter existing under this Agreement or any other Loan Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Agreement and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 4 contracts
Samples: Working Capital Credit Agreement (Pliant Corpororation), Fixed Asset Credit Agreement (Pliant Corpororation), Credit Agreement (Pliant Corp)
Right of Setoff. If The Guarantor hereby agrees that if an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Guarantor now or hereafter existing under this Agreement or any other Loan Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 4 contracts
Samples: Company Guarantee Agreement (Drew Industries Inc), Company Guarantee Agreement (Drew Industries Inc), Company Guarantee Agreement (Drew Industries Incorporated)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such the Lender or any Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such LenderObligations, irrespective of whether or not such the Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each the Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 4 contracts
Samples: Credit Agreement (SJW Group), Credit Agreement (SJW Group), Credit Agreement (SJW Group)
Right of Setoff. If Each Guarantor hereby agrees that if an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations such Guarantor now or hereafter existing under this Agreement or any other Loan Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 4 contracts
Samples: Subsidiary Guarantee Agreement (Drew Industries Inc), Subsidiary Guarantee Agreement (Drew Industries Incorporated), Subsidiary Guarantee Agreement (Drew Industries Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the a Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrowers now or hereafter existing under this Agreement or any other Loan Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Samples: Revolving Credit Facility (Drew Industries Inc), Credit Agreement (Drew Industries Incorporated), Credit Agreement (Drew Industries Incorporated)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is are 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 and in whatever currency denominatedfinal) at any time held and other obligations Indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any or all the obligations of such Guarantor now or hereafter existing under this Agreement and all of the Secured Obligations other Loan Documents held by such Lender, irrespective of whether or not such Lender Person shall have made any demand under the this Agreement or any other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 20 are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 4 contracts
Samples: Bridge Loan Agreement (Kaneb Services LLC), Revolving Credit Agreement (Kaneb Pipe Line Partners L P), Subsidiary Guarantee Agreement (Kaneb Pipe Line Partners L P)
Right of Setoff. If an Event one or more Events of Default shall have occurred and be continuing, each Lender shall have the right, in addition to and each not in limitation of its Affiliates is hereby authorized at any time and from time to time, to the fullest extent permitted by lawright which any such Lender may have under applicable law or otherwise, to set off and apply any and all deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate its Affiliates to or for the credit or the account of any of the Borrower or any Subsidiary Guarantor Borrowers against any of and all the obligations of any of the Secured Obligations Borrowers now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.08 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Samples: Credit Agreement (Systemax Inc), Credit Agreement (Systemax Inc), Credit Agreement (Great Atlantic & Pacific Tea Co Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Samples: Credit Agreement (Zebra Technologies Corp), Credit Agreement (Lexmark International Inc /Ky/), Credit Agreement (Varian Semiconductor Equipment Associates Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Company, any other Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (Cimpress N.V.), Credit Agreement (Cimpress N.V.), Credit Agreement (Cimpress N.V.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or any such Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all obligations of the Secured Obligations Loan Parties now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmaturedunmatured or are owed to a branch or office of such Lender different from the branch or office holding such deposit or obligation. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Term Loan Agreement (Tyson Foods, Inc.), Term Loan Agreement (Tyson Foods, Inc.), 364 Day Term Loan Agreement (Tyson Foods Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary such Loan Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (Material Sciences Corp), Credit Agreement (Macquarie CNL Global Income Trust, Inc.), Credit Agreement (Material Sciences Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (Priceline Com Inc), Credit Agreement (Innerworkings Inc), Credit Agreement (Adc Telecommunications Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such the Lender or any Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Loan Party against any of and all of the Secured Obligations held by such LenderObligations, irrespective of whether or not such the Lender shall have made any demand under the this Agreement or any other Loan Documents Document and although such obligations of the Loan Parties may be unmaturedcontingent or unmatured or are owed to a branch office or Affiliate of the Lender different from the branch office or Affiliate holding such deposit or obligated on such indebtedness. The rights of each the Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (FIGS, Inc.), Credit Agreement (Harmonic Inc), Credit Agreement (Franklin Covey Co)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Loan Party against any of and all the obligations of such Loan Party now or hereafter existing under the Secured Obligations Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, to the fullest extent permitted not prohibited by applicable law, to set off and apply any and all deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the either Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 10.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent permitted prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor Holdings against any of and all the obligations of any Borrower or Holdings now or hereafter existing under this Agreement and the Secured Obligations other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Superpriority Senior Secured Debtor in Possession and Exit Revolving Credit Agreement (HMH Holdings (Delaware), Inc.), Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.), Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such the Lender or such Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Loan Guarantor against any of and all of the Secured Obligations held by the Lender or such LenderAffiliate, irrespective of whether or not such the Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each the Lender and its Affiliates under this Section are in addition to other rights and remedies (including other rights of setoff) which such the Lender and its Affiliates may have.
Appears in 3 contracts
Samples: Revolving Loan Credit Agreement (Servicesource International, Inc.), Revolving Loan Credit Agreement, Credit Agreement (Skyline Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender (and each any of its Affiliates 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 and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender (or Affiliate any of its Affiliates) to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (Harsco Corp), 364 Day Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of Holdings, the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations Indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any or all the obligations of such Guarantor now or hereafter existing under this Guarantee Agreement and all of the Secured Obligations other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Guarantee Agreement or any other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 19 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (Vonage Holdings Corp), Credit Agreement (Vonage Holdings Corp), Credit Agreement (Vonage Holdings Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or any such Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Company against any of and all obligations of the Secured Obligations Loan Parties now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmaturedunmatured or are owed to a branch or office of such Lender different from the branch or office holding such deposit or obligation. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Term Loan Agreement (Tyson Foods, Inc.), Term Loan Agreement (Tyson Foods, Inc.), Term Loan Agreement (Tyson Foods, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations such Borrower now or hereafter existing under this Agreement or any other Loan Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Agreement and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Samples: Credit Agreement (Amerisourcebergen Corp), Credit Agreement (Amerisourcebergen Corp), Credit Agreement (Verizon Wireless Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuingcontinuing and the Loans are due and payable, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrower now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Seagram Co LTD), Credit Agreement (Seagram Co LTD)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any or all the Obligations of and all of the Secured Obligations such Guarantor now or hereafter existing held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Guarantee Agreement or any other Loan Documents Document and although such obligations Obligations may be unmatured. The rights of each Lender under this Section 19 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Guarantee Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations Indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any or all the obligations of such Guarantor now or hereafter existing under this Agreement, the other Loan Documents and all of the Secured Obligations Hedging Documents held by such Lender, irrespective of whether or not such Lender Person shall have made any demand under the this Agreement, any other Loan Documents Document or any Hedging Document and although such obligations may be unmatured. The rights of each Lender under this Section 22 are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Heico Corp), Revolving Credit Agreement (Heico Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Fuel Tech, Inc.), Credit Agreement (Fuel Tech, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrower now or hereafter existing under this Agreement and the other Credit Documents which are held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or any of the Loan other Credit Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Wright Express CORP), Credit Agreement (Wright Express CORP)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Financing Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Puget Sound Energy Inc), Credit Agreement (Puget Energy Inc /Wa)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrower now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or the other Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (GoPro, Inc.), Credit Agreement (Actuate Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each the Lender and each of its their respective 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such the Lender or any such Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all obligations of the Secured Obligations Loan Parties now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmaturedunmatured or are owed to a branch or office of the Lender different from the branch or office holding such deposit or obligation. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Term Loan Agreement (Tyson Foods Inc), Term Loan Agreement (Tyson Foods Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Holdings against any of and all the obligations of the Secured Obligations Borrower or Holdings now or hereafter existing under the Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Common Agreement (At&t Latin America Corp), Common Agreement (At&t Latin America Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such the Lender or such Affiliate to or for the credit or the account of the Borrower Borrowers or any Subsidiary Loan Guarantor against any of and all of the Secured Obligations held by such the Lender, irrespective of whether or not such the Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each the Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Compressco Partners, L.P.), Credit Agreement (Compressco Partners, L.P.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of Holdings or the Borrower or any Subsidiary Guarantor against any of and all the obligations of Holdings or the Secured Obligations Borrower now or hereafter existing under this Agreement or any other Loan Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such the obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 2 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Claires Stores Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Loan Agreement (Choice Hotels Holdings Inc), Loan Agreement (Choice Hotels Holdings Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, to the fullest extent permitted by lawLaw, to set off and apply any and all deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against the then-matured (whether by reason of acceleration or otherwise) portion of any of and all of the Secured Obligations obligations of the Borrower and the Guarantors now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmaturedthis Agreement. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor other Loan Party against any of and all of the Secured Obligations held by such LenderLxxxxx, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Revolving Credit Agreement (BKV Corp), Credit Agreement (BKV Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent permitted prohibited by law, to set off and apply any and all deposits (general 97 or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Holdings against any of and all the obligations of the Secured Obligations Borrower or Holdings now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Amis Holdings Inc), Credit Agreement (Amis Holdings Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured SecuredLoan Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Financing Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Credit Agreement (Cleco Power LLC), Term Loan Credit Agreement (Cleco Power LLC)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent permitted prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or such Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations any Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Thermadyne Holdings Corp /De), Second Lien Credit Agreement (Thermadyne Holdings Corp /De)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent permitted prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Holdings against any of and all the obligations of the Secured Obligations Borrower or Holdings now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Forest Oil Corp), Second Lien Credit Agreement (Forest Oil Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations Indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any or all the obligations of such Guarantor now or hereafter existing under this Agreement and all of the Secured Obligations other Credit Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Agreement or any other Credit Document and although such obligations may be unmatured. The rights of each Lender under this Section 21 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Five Year Credit Agreement (American Standard Companies Inc), 364 Day Credit Agreement (American Standard Companies Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations Indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and or all the obligations of the Secured Obligations Guarantor now or hereafter existing under this Guarantee Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Guarantee Agreement or any other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 19 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)
Right of Setoff. If Subject to Section 2.18, if an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.. SECTION
Appears in 2 contracts
Samples: Credit Agreement (Oak Industries Inc), Credit Agreement (Oak Industries Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such the Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Obligor against any of and all the obligations of any Obligor now or hereafter existing under this Agreement or any of the Secured Obligations other Term Loan Documents held by such the Lender, irrespective of whether or not such the Lender shall have made any demand under this Agreement or any of the other Term Loan Documents and although such obligations may be unmatured. The rights of each the Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 2 contracts
Samples: Senior Secured Term Loan Credit Agreement (Alcentra Capital Corp), Term Loan Credit Agreement (MONROE CAPITAL Corp)
Right of Setoff. If an Event of Default under Section 7.01(a) or 7.01(b) shall have occurred and be continuing, 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 and in whatever currency denominatedbut not trust accounts) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrowers now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under to the Loan Documents and although extent such obligations may be unmaturedof the Borrowers are then due and payable. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have, but are the sole rights of setoff or similar that the Lenders have under the Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each the Lender and each of its Affiliates is are 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such the Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Loan Guarantor against any of and all of the Secured Obligations held by such the Lender, irrespective of whether or not such the Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each the Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations Indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any or all the obligations of such Subsidiary Guarantor now or hereafter existing under this Agreement and all of the Secured Obligations other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or any other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 21 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Guarantee Agreement (Pliant Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time Cleco Corporate Holdings LLC 2019 Term Loan Agreement 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Loan Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Financing Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations such Borrower now or hereafter existing under this Agreement or any other Credit Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Agreement and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Credit Agreement (Amdocs LTD)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender of the Agents, the Issuing Banks, the Lenders and each of its their 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of any Loan Party against any and all the obligations of Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations Parent now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Agreement and although such obligations may be unmatured. The rights ; provided, however, that any such set off and application shall be subject to the provisions of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have2.18.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the relevant Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Credit Agreement (Dillards Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Loan Party against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, each the Lender and each of its Affiliates is hereby authorized at any time and from time to time, to the fullest extent permitted by applicable law, to set off and apply any and all deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such the Lender or an Affiliate of the Lender to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such obligations of the Borrower now or hereafter existing under this Agreement or any other Loan Document to the Lender, irrespective of whether or not such the Lender shall have made any demand under the this Agreement or any other Loan Documents Document and although such obligations may be contingent or unmatured. The rights of each the Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower Borrowers or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured; provided that no amounts set off with respect to any Guarantor shall be applied to any Excluded Swap Obligations of such Guarantor. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.The
Appears in 1 contract
Samples: Credit Agreement (Kate Spade & Co)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the a Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrowers now or hereafter existing under this Agreement or any other Loan Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.. SECTION
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations Indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary either Guarantor against any or all the obligations of such Guarantor now or hereafter existing under this Agreement and all of the Secured Obligations other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or any other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 2.13 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmaturedthat are then due. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Company against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor other Loan Party against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary such Loan Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Loan and Security Agreement (Smith & Wesson Holding Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender of the Lenders and each of its their respective Affiliates is hereby authorized at any time and from time to time, to the fullest extent permitted by applicable law, to set off setoff and apply any and all deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate it to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrower now or hereafter existing under this Credit Agreement and the other Loan Documents held by such Lenderit, irrespective of whether or not such Lender it shall have made any demand under the Loan Documents therefor and although such obligations may be unmatured. The rights of each Lender of the Lenders and their respective Affiliates under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender that it may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of Holdings, the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may havehave under law or contract.
Appears in 1 contract
Samples: Credit Agreement (CommerceHub, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Parent, any Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Credit Agreement (Vistaprint N.V.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 final, but excluding payroll and in whatever currency denominatedtrust accounts) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary such Loan Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time then due and outstanding owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations then due and outstanding held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, to the fullest extent permitted by lawLaw, to set off and apply any and all deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations of whatsoever kind at any time owing by such that Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations held by such LenderBorrower owed to that Lender now or subsequently existing under this Agreement or any other Loan Document, irrespective of whether or not such Lender shall have made any demand under the this Agreement or any other Loan Documents Document and although such those obligations may be unmatured. The rights of each Lender under this Section 9.08 are in addition to other rights and remedies (including other rights of setoff) which such Lender or its Affiliates may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held by such Lender and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor STFI against any of and all the obligations of the Secured Obligations held by such LenderBorrower or STFI now or hereafter existing under this Agreement and the other Loan Documents, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent permitted prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Holdings against any of and all the obligations of the Secured Obligations Borrower or Holdings now or hereafter existing under this Agreement and any other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.. SECTION
Appears in 1 contract
Samples: Credit Agreement (CCC Information Services Group Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower Borrowers or any Subsidiary Guarantor other Credit Party against any of and all the obligations of the Secured Obligations Borrowers or any other Credit Party now or hereafter existing under this Credit Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Credit Agreement and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Medtronic Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each any 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 and in whatever currency denominatedfinal) at any time held held, and any other obligations indebtedness at any time owing owing, by such Lender or any such Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrower now or hereafter existing under this Agreement held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Agreement and although such obligations may be unmaturedunmatured or denominated in a currency other than Dollars. The rights of each Lender or any such Affiliate under this Section 9.08 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, the Agent and 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 and in whatever currency denominatedfinal) at any time held and other obligations indebtedness at any time owing by the Agent or any such Lender or Affiliate to or for the credit or the account of the Borrower Agent or any Subsidiary Guarantor the Borrower against any of and all of the Secured Obligations held by such LenderObligations, irrespective of whether or not the Agent or such Lender shall have made any demand under the this Agreement or such other Loan Documents Document and although notwithstanding that such obligations Obligations may be unmatured. The rights of each Lender the Agent and the Lenders under this Section 13.7 are in addition to other rights and remedies (including other rights of setoff) which such Lender the Agent of the Lenders may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, each 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such the Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary the Guarantor against any of and all of the Secured Obligations held by such the Lender, irrespective of whether or not such the Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each the Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuingcontinuing or if any Loan Guarantor becomes insolvent, however evidenced, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Loan Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Credit Agreement (Maytag Corp)
Right of Setoff. If an Event of Default shall have occurred and be is continuing, each 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 Collateral (including any deposits (general or special, time or demand, provisional or final and in whatever currency denominatedfinal)) at any time held and other obligations at any time owing by such the Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor Loan Party against any of and all of the Secured Obligations obligations of such Loan Party or hereafter existing under this Agreement and the other Loan Documents held by such the Lender, irrespective of whether or not such the Lender shall have made any demand under the this Agreement or any other Loan Documents Document and although such obligations may be unmatured. The rights of each the Lender under this Section 7.17 are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations Indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any or all the obligations of such Guarantor now or hereafter existing under this Agreement and all of the Secured Obligations other Loan Documents held by such LenderLender or the Issuing Bank, irrespective of whether or not such Lender Person shall have made any demand under the this Agreement or any other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 23 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary such Loan Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Credit Agreement (Sunoco Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Credit Agreement (TimkenSteel Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations Indebtedness at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any or all the obligations of such Guarantor now or hereafter existing under this Agreement and all of the Secured Obligations other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under the this Agreement or any other Loan Documents Document and although such obligations may be unmatured. The rights of each Lender under this Section 21 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Samples: Guarantee Agreement (Pliant Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominatedfinal) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Secured Obligations Borrower now or hereafter existing under this Agreement or any other Loan Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents this Agreement and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
Right of Setoff. If an Event of Default shall have occurred and be continuing, 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 and in whatever currency denominated) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the credit or the account of Holdings, the Borrower or any Subsidiary Guarantor Loan Party against any of and all of the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract
