Security Interest and Set Off Sample Clauses

Security Interest and Set Off. To secure any obligation, now existing or arising in the future, owed by the Account Holder to FRBNY, including any overdraft amount owed to FRBNY and any service fees, whether now existing or arising in the future, and any expenses FRBNY or its designee may incur to enforce this Account Agreement and to preserve or enforce any security interest FRBNY has been granted under this Account Agreement, the Account Holder grants to FRBNY a security interest in all of the Account Holder’s right, title, and interest in the Preferred Equity Account and all cash and other property from time to time credited thereto, as well as proceeds of any investment property. This security interest granted by the Account Holder is in addition to any other security interest the Account Holder has granted to the FRBNY under any other agreement. Without limiting the above paragraph, FRBNY may take any action authorized by law to recover the amount of an obligation owed by the Account Holder that is due and payable, including, but not limited to, the exercise of setoff without demand or prior notice, the realization on any available collateral pledged by the Account Holder to FRBNY, and the exercise of any other rights FRBNY may have as a creditor under applicable law. Nothing in this paragraph will apply to, or grant any rights to, any third party.
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Security Interest and Set Off. Borrower hereby grants to Agent and each Lender, a continuing lien, security interest and right of setoff as security for all of Borrower’s Obligations, whether now existing or hereafter arising, upon and against all Cash Collateral and all other deposits, credits, collateral and property, now or hereafter in the possession, custody, safekeeping or control of Agent or any Lender or any Affiliate of Agent or of any Lender (including without limitation any Affiliate of Bank of America Corporation and its successors and assigns) or in transit to any of them. At any time after the occurrence of an Event of Default, without demand or notice (any such notice being expressly waived by Borrower), Agent and, subject to Section 9.3.3 below, each Lender and each such Affiliate may setoff the same or any part thereof and apply the same to any Obligation of Borrower even though unmatured and regardless of the adequacy of any other collateral securing the Obligations. ANY AND ALL RIGHTS TO REQUIRE AGENT OR ANY LENDER OR ANY AFFILIATE THEREOF TO EXERCISE ITS RIGHTS OR REMEDIES WITH RESPECT TO ANY OTHER COLLATERAL WHICH SECURES THE OBLIGATIONS, PRIOR TO EXERCISING ITS RIGHT OF SETOFF WITH RESPECT TO SUCH DEPOSITS, CREDITS OR OTHER PROPERTY OF BORROWER, ARE HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVED.
Security Interest and Set Off. Correspondent grants to USC a first lien and security interest on any and all money and securities of correspondent held by USC. USC may liquidate any securities held without notice to Correspondent but will use its "best efforts" to notify and consult with Correspondent. USC shall have the unlimited right to set-off any amounts owed to it by Correspondent from the Commissions Payable Account and/or any other money or securities of Correspondent in USC's possession.
Security Interest and Set Off. Borrower hereby grants to Agent and each Lender, a continuing lien, security interest and right of setoff as security for all of Borrower's Obligations, whether now existing or hereafter arising, upon and against all Cash Collateral and all other deposits, credits, collateral and property, now or hereafter in the possession, custody, safekeeping or control of Agent or any Lender or any Affiliate of Agent or of any Lender (including without limitation any Affiliate of Citizens Financial Group, Inc. and its successors and assigns) or in transit to any of them. At any time, without demand or notice (any such notice being expressly waived by Borrower), Agent and, subject to Section 13.3 below, each Lender and each such Affiliate may setoff the same or any part thereof and apply the same to any Obligation of Borrower even though unmatured and regardless of the adequacy of any other collateral securing the Obligations. Borrower further agrees that any “Early Termination Amount” that is payable to Borrower if any “Early Termination Date” (as such terms are defined in any Hedging Contract) occurs under any Hedging Contract shall also secure Borrower’s Obligations under this Agreement and the other Loan Documents and any such amount(s) may be set off and applied against Borrower's outstanding Obligations in accordance with this Agreement. ANY AND ALL RIGHTS TO REQUIRE AGENT OR ANY LENDER OR ANY AFFILIATE THEREOF TO EXERCISE ITS RIGHTS OR REMEDIES WITH RESPECT TO ANY OTHER COLLATERAL WHICH SECURES THE OBLIGATIONS, PRIOR TO EXERCISING ITS RIGHT OF SETOFF WITH RESPECT TO SUCH DEPOSITS, CREDITS OR OTHER PROPERTY OF BORROWER, ARE HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVED.
Security Interest and Set Off. To secure repayment of the Obligations, you grant us a security interest in, and agree that we may set off against or pay the Obligations with, (1) any and all funds in any bank account you have with us or any of our subsidiaries or affiliates (excluding any account expressly titled to clearly demonstrate that the account is held by you in a fiduciary or representative capacity for a third party) or (2) any sums due or payable by us to you. We may exercise our security interest and right of set off by debit or other means without recourse to other rights or collateral, if any, we may have and regardless of the effect on your bank account. You waive notice of the exercise of these rights to the extent permitted by applicable law. Our security interest and right of set off is limited only to the extent expressly limited by applicable law.
Security Interest and Set Off. In addition to all rights provided by Applicable Law, Client agrees that any and all amounts on deposit in any accounts (including all Accounts) of Client with SVB may be set-off and applied against any liability in any currency Client owes SVB under the MTSA or any other agreement between Client and SVB. Client further grants SVB a first priority security interest in all accounts (including all Accounts) of Client with SVB now or in the future to secure payment of any and all obligations under the MTSA or any other agreement between Client and SVB; provided, that this security interest shall be subordinate to any security interest separately agreed to in writing by SVB. This security interest is supplemental to and not in lieu of the security interest granted by Client to SVB under any other agreement.
Security Interest and Set Off. (a) In the case where Royalty Holder is DIAM (or any successor or permitted assign under the Joint Venture Agreement), Royalty Holder acknowledges and agrees that Grantor remains entitled to reimbursement in full for the DIAM Carried Interest Costs that were advanced under and pursuant to the Joint Venture Agreement, together with any accrued and unpaid interest owed thereon, all in accordance with this Section 5.20, Sections 5.21 and 5.22 and such obligations continue to be secured by the grant of mortgage and security interest pursuant to Section 9.6 of the Joint Venture Agreement.
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Security Interest and Set Off 

Related to Security Interest and Set Off

  • Security Interest and Collateral In order to secure the payment and performance of the Secured Obligations, the Debtor hereby grants to the Secured Party a security interest (herein called the “Security Interest”) in and to the following property (hereinafter collectively referred to as the “Collateral”): SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE.

  • Security Interest Absolute All rights of the Secured Party and all Obligations of the Company hereunder, shall be absolute and unconditional, irrespective of: (a) any lack of validity or enforceability of this Agreement, the Notes, the Warrants or any agreement entered into in connection with the foregoing, or any portion hereof or thereof; (b) any change in the time, manner or place of payment or performance of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Notes, the Warrants or any other agreement entered into in connection with the foregoing; (c) any exchange, release or nonperfection of any of the Intellectual Property, or any release or amendment or waiver of or consent to departure from any other Intellectual Property for, or any guaranty, or any other security, for all or any of the Obligations; (d) any action by the Secured Party to obtain, adjust, settle and cancel in its sole discretion any insurance claims or matters made or arising in connection with the Intellectual Property; or (e) any other circumstance which might otherwise constitute any legal or equitable defense available to the Company, or a discharge of all or any part of the Security Interest granted hereby. Until the Obligations shall have been paid and performed in full, the rights of the Secured Party shall continue even if the Obligations are barred for any reason, including, without limitation, the running of the statute of limitations or bankruptcy. The Company expressly waives presentment, protest, notice of protest, demand, notice of nonpayment and demand for performance. In the event that at any time any transfer of any Intellectual Property or any payment received by the Secured Party hereunder shall be deemed by final order of a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under the bankruptcy or insolvency laws of the United States, or shall be deemed to be otherwise due to any party other than the Secured Party, then, in any such event, the Company's obligations hereunder shall survive cancellation of this Agreement, and shall not be discharged or satisfied by any prior payment thereof and/or cancellation of this Agreement, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof. The Company waives all right to require the Secured Party to proceed against any other person or to apply any Intellectual Property which the Secured Party may hold at any time, or to marshal assets, or to pursue any other remedy. The Company waives any defense arising by reason of the application of the statute of limitations to any obligation secured hereby.

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