SECURITY; SET-OFF. The Guarantors grant to the Agent and the Lenders, as security for the full and punctual payment and performance of the Guarantors' obligations hereunder, a continuing lien on and security interest in all securities or other property belonging to the Guarantors now or hereafter held by the Agent or the Lenders and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Agent or the Lenders to the Guarantors or subject to withdrawal by the Guarantors; and regardless of the adequacy of any collateral or other means of obtaining repayment of the Obligations, the Agent or the Lenders are hereby authorized at any time and from time to time, without notice to the Guarantors (any such notice being expressly waived by the Guarantors) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of the Guarantors under this Guaranty, whether or not the Agent or the Lenders shall have made any demand under this Guaranty and although such obligations may be contingent or unmatured.
SECURITY; SET-OFF. Regardless of the adequacy of any Collateral or any other means of obtaining repayment for any Obligations, any deposits, balances or other sums credited by or due from the head office of the Agent, any Lender or any of their branch offices to Guarantor and any property of Guarantor now or hereafter in the possession, custody, safekeeping or control of the Agent or any Lender or in transit to the Agent or any Lender may, at any time and from time to time, without notice to the Guarantor or compliance with any other condition precedent now or hereafter imposed by statute, rule of law, or otherwise (all of which are hereby expressly waived by the Guarantor) and to the fullest extent permitted by law, set off, appropriated and applied by the Agent or any Lender against any and all Obligations of the Guarantor in such manner as the head office of the Agent, any Lender or any of their branch offices in their sole discretion may determine, and the Guarantor hereby grants the Agent and each Lender a continuing security interest in such deposits, balances, other sums and property for the payment and performance of all such Obligations and although such Obligations may be contingent or unmatured. ANY AND ALL RIGHTS TO REQUIRE THE AGENT OR ANY LENDER TO EXERCISE ITS RIGHTS OR REMEDIES WITH RESPECT TO ANY OTHER COLLATERAL WHICH SECURES THE OBLIGATIONS, PRIOR TO EXERCISING ITS RIGHTS OF SETOFF WITH RESPECT TO SUCH DEPOSITS, BALANCES, OTHER SUMS AND PROPERTY OF THE GUARANTOR ARE HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVED. Agent, Lender or the branch office, as the case may be, will provide prompt notice to the Guarantor of any setoff hereunder.
SECURITY; SET-OFF. The undersigned grants to the Bank, as security for the full and punctual payment and performance of the Obligations, a continuing lien on and security interest in all securities or other property belonging to the undersigned now or hereafter held by the Bank and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Bank to the undersigned or subject to withdrawal by the undersigned; and regardless of the adequacy of any collateral or other means of obtaining repayment of the Obligations, the Bank is hereby authorized at any time and from time to time, after the occurrence and during the continuation of an Event of Default without notice to the undersigned (any such notice being expressly waived by the undersigned) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the Obligations of the undersigned, whether or not the Agent shall have made any demand under this Note and although such Obligations may be contingent or unmatured.
SECURITY; SET-OFF. Company hereby grants Bank a continuing security interest in and to the Company Account, the Merchant Settlement Accounts and the Company Reserve Account, all funds belonging or payable to Company, or in which Company may have an interest, now or hereafter in any such Account, and all other funds belonging or payable to Company, or in which Company may have an interest, now or hereafter in the possession of Bank, to secure all of Company’s obligations to Bank under this Agreement and under any other agreement executed in connection with this Agreement to which Bank and Company may now or hereafter be parties. The Company Account, Merchant Settlement Accounts and Company Reserve Account shall each be maintained at Bank, and each such Account, all funds now or hereafter contained therein, and any other monies belonging or payable to Company or in which Company may have an interest which are now or hereafter in Bank’s possession, shall be subject to Bank’s free, immediate and unencumbered right to set-off any claims Bank has against Company, whether absolute or contingent, for services, indemnification, or otherwise.”
SECURITY; SET-OFF. The Guarantor grants to the Bank, as security for the full and punctual payment and performance of the Guarantor’s obligations hereunder, a continuing lien on and security interest in all securities or other property belonging to the Guarantor now or hereafter held by the Bank and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Bank to the Guarantor or subject to withdrawal by the Guarantor; and regardless of the adequacy of any collateral or other means of obtaining repayment of the Obligations, the Bank is hereby authorized at any time and from time to time, without notice to the Guarantor (any such notice being expressly waived by the Guarantor) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of the Guarantor under this Guaranty.
SECURITY; SET-OFF. The Guarantor grants to the Lender, as security for the full and punctual payment and performance of the Guarantor's Obligations hereunder, a continuing lien on and security interest in all securities or other property belonging to the Guarantor now or hereafter held by the Lender and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Lender to the Guarantor or subject to withdrawal by the Guarantor; and regardless of the adequacy of any collateral or other means of obtaining repayment of the Obligations, the Lender is hereby authorized at any time and from time to time, without notice to the Guarantor (any such notice being expressly waived by the Guarantor) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of the Guarantor under this Guaranty, whether or not the Lender shall have made any demand under this Guaranty and although such obligations may be contingent or unmatured.
SECURITY; SET-OFF. The Guarantor grants to Sonesta, as security for the full and punctual payment and performance of the Guarantor's obligations hereunder, a security interest in all property belonging to the Guarantor now or hereafter held by Sonesta and in all sums credited by or due from Sonesta to the Guarantor, regardless of the adequacy of any collateral or other means of obtaining repayment of the Obligations. Sonesta may at any time and without notice to the Guarantor set off the whole or any portion or portions of any or all such sums against amounts payable under the Guaranty.
SECURITY; SET-OFF. Company hereby grants Bank a continuing security interest in and to the Company Account, the Merchant Settlement Accounts and the Company Reserve Account, all funds belonging or payable to Company, or in which Company may have an interest, now or hereafter in any such Account, and all other funds belonging or payable to Company, or in which Company may have an interest, now or hereafter in the possession of Bank, to secure all of Company’s obligations to Bank under this Agreement and under any other agreement executed in connection with this Agreement to which Bank and Company may now or hereafter be parties. The Company Account, Merchant Settlement Accounts and Company Reserve Account shall each be maintained at Bank, and each such Account, all funds now or hereafter contained therein, and any other monies belonging or payable to Company or in which Company may have an interest which are now or hereafter in Bank’s possession, shall be subject to Bank’s free, immediate and unencumbered right to set-off any claims Bank has against Company, whether absolute or contingent, for services, indemnification, or otherwise.” THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
SECURITY; SET-OFF. Regardless of the adequacy of any Collateral, during the continuance of any Event of Default, any deposits (general or specific, time or demand, provisional or final, regardless of currency, maturity, or the branch of where such deposits are held) or other sums credited by or due from any of the Lenders to any of the Guarantors and any securities or other property of the Guarantors in the possession of such Lender may be applied to or set off against the payment of Liabilities and any and all other liabilities, direct, or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, of the Guarantors to the Lenders. Each Lender, by its acceptance of this Guaranty, hereby agrees that any payment received by Lender hereunder shall be subject to the terms and conditions set forth in Section 12-11 of the Loan Agreement.
SECURITY; SET-OFF. The Guarantor hereby grants to the Bank a continuing lien, security interest and right of setoff as security for all liabilities and obligations to the Bank, whether now existing or hereafter arising, including without limitation, the Guarantor's liabilities and obligations to the Bank hereunder, upon and against all deposits, credits, collateral and property, now or hereafter in the possession, custody, safekeeping or control of the Bank or any entity under the control of FleetBoston Financial Corporation 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 the Guarantor), the Bank may setoff the same or any part thereof and apply the same to any liability or obligation of the Guarantor even though unmatured and regardless of the adequacy of any other collateral securing the Guaranteed Obligations. ANY AND ALL RIGHTS TO REQUIRE THE BANK TO EXERCISE ITS RIGHTS OR REMEDIES WITH RESPECT TO ANY OTHER COLLATERAL WHICH SECURES THE GUARANTEED OBLIGATIONS PRIOR TO EXERCISING ITS RIGHT OF SETOFF WITH RESPECT TO SUCH DEPOSITS, CREDITS OR OTHER PROPERTY OF THE GUARANTOR, ARE HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVED.
