Security Interest; Set-Off. A. Customer agrees that the Account secures all debts and liabilities of Customer to Bank, however and whenever incurred or evidenced, including debt which may be purchased or otherwise acquired by Bank from others, whether direct or indirect, absolute or contingent, due or to become due. Customer assigns as security to Bank all balances, credits, deposits, moneys and items now or hereafter in the Account.
Security Interest; Set-Off. As security for the performance by Xxxxxxxx of ALL of Merchant’s obligations under this Agreement, Merchant hereby grants to Acquirer a security interest in:
Security Interest; Set-Off. Bank shall have a continuing security interest lien in the amount of any and all of Customer's liabilities and obligations to Bank, and claims of every nature and description of Bank against Customer, whether now existing or hereafter incurred, originally contracted with Bank and/or with another or others and now or hereafter owing to or acquired in any manner by Bank, whether contracted by Customer alone or jointly and/or severally with another or others, absolute or contingent, secured or unsecured, matured or unmatured (all of which are hereafter collectively called "Obligations "), upon any and all monies, deposits, securities, and any and all other property of Customer and/or its subsidiaries and the proceeds thereof, now or hereafter actually or constructively held or received by, or in transit in any manner to or from Bank, whether for safekeeping, custody, pledge, transmission, collection or otherwise coming into Bank's possession in any way. Bank shall also have a right of set-off for the amount of the Obligations, and Bank may at any time or times and without notice or demand for payment (which notice is expressly waived by the Customer to the fullest extent permitted by applicable law), apply Customer's deposits (general or special), Customer's credits with Bank, or Customer's claims against Bank, or any parts thereof, to such Obligations and in such amounts as Bank may elect, although said Obligations may be contingent or unmatured and whether any collateral therefore is deemed adequate or not. If Customer Account is part of a group of accounts the balances of which are aggregated for account analysis purposes, Bank may treat all of the accounts as being jointly owned by all of the account owners and may offset any account to repay overdrafts in another aggregated account or debts of the owner of any other aggregated account. The Bank shall promptly provide notice of such set-off to the Customer, provided that failure by the Bank to provide such notice shall not give the Customer any cause of action or right of damages or affect the validity of such set-off and application. Customer may not pledge the Account(s) as collateral to secure any indebtedness without Bank's prior express written consent. At any time, Bank has a right to offset against funds in Customer's Account(s), Bank may choose to place a hold against the Account(s) (to the extent of Bank's right of offset) rather tha n immediately deducting the funds.
Security Interest; Set-Off. Marketer hereby grants to CBKC a prior, perfected security interest in all of Marketer’s right, title and interest in, to and under any accounts in the name of Marketer at CBKC established pursuant to this Section 8.1. Such security interest shall secure all of Marketer’s obligations under this Agreement and under any other agreement or document executed in connection with this Agreement. Marketer authorizes CBKC to take whatever actions CBKC deems reasonably necessary and appropriate to perfect and maintain CBKC’s security interest in such accounts. Notwithstanding any other provision hereof to the contrary, the Reserve Accounts, all funds now or hereafter contained therein, and any other monies belonging or payable to Marketer in which Marketer may have an interest that are now or hereafter in CBKC’s possession, shall be subject to CBKC’s free, immediate, and unencumbered right to set-off against any amounts owed by Marketer to CBKC hereunder and any claims CBKC has against Marketer, whether absolute or contingent, for services, indemnification or otherwise. Marketer shall not assign, or grant a security interest in, any of such accounts or funds to any third party.
Security Interest; Set-Off. You shall have a continuing lien and right of set-off on, and are hereby granted a first priority security interest in, all of our deposits (general and special) and credits at any time maintained with you or any Bank Affiliate, and may apply all or part of the same to any Liabilities, at any time or times, without prior notice. As security for the prompt and unconditional payment of any and all Liabilities, you have been granted a continuing lien on, and a first priority security interest in, all of our the Collateral under the Financing Agreement and the Other Documents; including, without limitation: (i) all documents or instruments accompanying or relative to drafts under the Credit and all property shipped, stored or otherwise disposed of in connection with the Credit or in any way relating thereto and all proceeds of the foregoing; and (ii) all our rights and causes of action against all parties arising from or in connection with the contract of sale or purchase of the property covered by the Credit, or any guarantees, agreements or other undertakings (including those in effect between us and any other account party or the beneficiary named in the Credit), credits, policies of insurance or other assurances in connection therewith. When an Event of Default has occurred and is continuing, you shall thereupon have, in addition to all other rights and remedies under applicable law, the rights and remedies of a secured party under the Uniform Commercial Code of New York. Your rights and remedies provided for hereunder (including but not limited to the right to accelerate Liabilities and to realize on any security for Liabilities) are cumulative with your rights and remedies available under any other instrument or agreement or under applicable law.
Security Interest; Set-Off. You shall have a continuing lien and right of set-off on, and are hereby granted a first priority security interest in, all of our deposits (general and special) and credits at any time maintained with you or any Bank Affiliate, and may apply all or part of the same to any Liabilities, at any time or times, without prior notice. As security for the prompt and unconditional payment of any and all Liabilities, you shall have a continuing lien on, and are hereby granted a first priority security interest in, all of our property and the proceeds thereof now or hereafter held or received by or for you or any Bank Affiliate for any purpose, whether or not for the express purpose of serving as collateral security for the Liabilities, and in: (i) all documents or instruments accompanying or relative to drafts under the Credit and all property shipped, stored or otherwise disposed of in connection with the Credit or in any way relating thereto and all proceeds of the foregoing; and (ii) all our rights and causes of action against all parties arising from or in connection with the contract of sale or purchase of the property covered by the Credit, or any guarantees, agreements or other undertakings (including those in effect between us and any other account party or the beneficiary named in the Credit), credits, policies of insurance or other assurances in connection therewith. We agree at any time or from time to time, upon your demand, to furnish you with additional security to your satisfaction. We further agree to execute such financing statements and other writings as shall be necessary to perfect and maintain your security interest in the aforesaid property and to pay all costs of filing financing, continuation and termination statements with respect to such security interest, and where the applicable law permits, we hereby authorize you to file any such financing statements without our signature. You may at any time or times transfer into your or your nominee's name all or any part of such security, before or after maturity of any of the Liabilities and without any notice to us or any other person. Whenever you deem it necessary for your or our protection, or after an Event of Default specified in paragraph 13, or other default, you shall thereupon have, in addition to all other rights and remedies under applicable law, the rights and remedies of a secured party under the Uniform Commercial Code of New York. Any notice of disposition of property shall be deem...
Security Interest; Set-Off
