Common use of Security; Setoff Clause in Contracts

Security; Setoff. The Guarantor grants to each of the Administrative Agent and the Lenders, as security for the full and punctual payment and performance of all of the Guarantor’s obligations hereunder, a right of setoff , upon and against, all securities or other property belonging to the Guarantor now or hereafter held by the Administrative Agent or such Lender and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Administrative Agent or such Lender to the Guarantor or subject to withdrawal by the Guarantor. Regardless of the adequacy of any collateral security (if any) or other means of obtaining payment of any of the Obligations, if any Event of Default shall have occurred, each of the Administrative Agent and the Lenders is hereby authorized, 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 Administrative Agent or such Lender shall have made any demand under this Guaranty.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Yankee Candle Co Inc), Subsidiary Guaranty (Yankee Candle Co Inc), Subsidiary Guaranty (Yankee Candle Co Inc)

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Security; Setoff. The Each Guarantor grants to each of the Administrative Agent and the Lenders, as security for the full and punctual payment and performance of all of the such Guarantor’s obligations hereunder, a right of setoff , upon continuing lien on and against, security interest in all securities or other property belonging to the such Guarantor now or hereafter held by the Administrative Agent or such Lender and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Administrative Agent or such Lender to the such Guarantor or subject to withdrawal by the such Guarantor. Regardless of the adequacy of any collateral security (if any) or other means of obtaining payment of any of the Obligations, if any Event of Default shall have occurred, each of the Administrative Agent and the Lenders is hereby authorizedauthorized at any time and from time to time, without notice to the any Guarantor (any such notice being expressly waived by the each Guarantor) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of the any Guarantor under this Guaranty, whether or not the Administrative Agent or such Lender shall have made any demand under this GuarantyGuaranty and although such obligations may be contingent or unmatured.

Appears in 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Security; Setoff. The Each Guarantor grants to each of the Administrative Agent and the LendersSecured Parties, as security for the full and punctual payment and performance of all of the Guarantor’s obligations hereunder, a right of setoff , upon continuing lien on and against, security interest in all securities or other property belonging to the such Guarantor now or hereafter held by the Administrative Agent or such Lender Secured Party and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Administrative Agent or such Lender Secured Party to the any Guarantor or subject to withdrawal by the any Guarantor. Regardless of the adequacy of any collateral security (if any) or other means of obtaining payment of any of the Obligations, if any Event of Default shall have occurred, each of the Administrative Agent and the Lenders Secured Parties is hereby authorizedauthorized at any time and from time to time, without notice to the any Guarantor (any such notice being expressly waived by the each Guarantor) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of the any Guarantor under this Guaranty, whether or not the Administrative Agent or such Lender Secured Party shall have made any demand under this GuarantyGuaranty and although such obligations may be contingent or unmatured.

Appears in 1 contract

Samples: Credit Agreement (Clean Harbors Inc)

Security; Setoff. The Guarantor grants to each the Agent, for the benefit of the Administrative Agent and the LendersBanks, as security for the full and punctual payment and performance of all of the Guarantor’s 's obligations hereunder, a right of setoff , upon continuing lien on and against, security interest in all securities or other property belonging to the Guarantor now or hereafter held by the Administrative Banks and the Agent or such Lender and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Administrative Banks and the Agent or such Lender to the Guarantor or subject to withdrawal by the Guarantor. Regardless of the adequacy of any collateral security (if any) or other means of obtaining payment of any of the Obligations, if the Agent is hereby authorized at any time and from time to time, when an Event of Default shall have occurred, each of the Administrative Agent has occurred and the Lenders is hereby authorizedcontinuing, 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 Administrative Agent or such Lender shall have made any demand under this GuarantyGuaranty and although such obligations may be contingent or unmatured.

Appears in 1 contract

Samples: Guaranty (Charlotte Russe Holding Inc)

Security; Setoff. The Guarantor Each of the Guarantors grants to each of the Administrative Facility Agent and the Lenders, as security for the full and punctual payment and performance of all of the Guarantor’s Guarantors' obligations hereunder, a right of setoff continuing lien on and security interest in all securities, upon and against, all securities investment property or other property belonging to the each such Guarantor now or hereafter held by the Administrative Facility Agent or such Lender and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Administrative Facility Agent or such Lender to the such Guarantor or subject to withdrawal by the such Guarantor. Regardless of the adequacy of any collateral security (if any) or other means of obtaining payment of any of the Obligations, if any Event of Default shall have occurred, each of the Administrative Facility Agent and the Lenders is hereby authorizedauthorized at any time and from time to time, without notice to any of the Guarantor Guarantors (any such notice being expressly waived by each of the GuarantorGuarantors) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of the such Guarantor under this Guaranty, whether or not the Administrative Facility Agent or such Lender shall have made any demand under this GuarantyGuaranty and although such obligations may be contingent or unmatured.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sassco Fashions LTD /De/)

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Security; Setoff. The Each Subsidiary Guarantor grants to each of the Administrative Agent and the Lenders, Lender as ---------------- security for the full and punctual payment and performance of all of the such Subsidiary Guarantor’s 's obligations hereunder, a right of setoff , upon continuing lien on and against, security interest in all securities or other property belonging to the such Subsidiary Guarantor now or hereafter held by the Administrative Agent or such Lender and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Administrative Agent or such Lender to the such Subsidiary Guarantor or subject to withdrawal by the such Subsidiary Guarantor. Regardless ; and regardless of the adequacy of any collateral security (if any) or other means of obtaining payment of any repayment of the Obligations, if the Lender is hereby authorized at any time and from time to time after the occurrence and during the continuance of any Event of Default shall have occurred, each of the Administrative Agent and the Lenders is hereby authorizedDefault, without notice to the such Subsidiary Guarantor (any such notice being expressly waived by the such Subsidiary Guarantor) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of the such Subsidiary Guarantor under this Guaranty, whether or not the Administrative Agent or such Lender shall have made any demand under this GuarantyGuaranty and although such obligations may be contingent or unmatured.

Appears in 1 contract

Samples: Credit Agreement (Geerlings & Wade Inc)

Security; Setoff. The Each Guarantor grants to each of the Administrative Agent and the Lendersother Secured Parties, as security for the full and punctual payment and performance of all of the such Guarantor’s obligations hereunder, a right of setoff , upon continuing lien on and against, security interest in all securities or other property belonging to the such Guarantor now or hereafter held by the Administrative Agent or such Lender other Secured Party and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Administrative Agent or such Lender other Secured Party to the such Guarantor or subject to withdrawal by the such Guarantor. Regardless of the adequacy of any collateral security (if any) or other means of obtaining payment of any of the Obligations, if any Event of Default shall have occurred, each of the Administrative Agent and the Lenders each other Secured Party is hereby authorizedauthorized at any time and from time to time, without notice to the any Guarantor (any such notice being expressly waived by the each Guarantor) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of the each Guarantor under this Guaranty, whether or not the Administrative Agent or such Lender other Secured Party shall have made any demand under this GuarantyGuaranty and although such obligations may be contingent or unmatured.

Appears in 1 contract

Samples: Credit Agreement (Global Partners Lp)

Security; Setoff. The Guarantor Each of the Guarantors grants to each the Agent, for the benefit of the Administrative Agent and the LendersBanks, as security for the full and punctual payment and performance of all of the such Guarantor’s 's obligations hereunder, a right of setoff , upon continuing lien on and against, security interest in all securities or other property belonging to the such Guarantor now or hereafter held by the Administrative Banks and the Agent or such Lender and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from the Administrative Banks and the Agent or to such Lender to the Guarantor or subject to withdrawal by the such Guarantor. Regardless of the adequacy of any collateral security (if any) or other means of obtaining payment of any of the Obligations, if the Agent is hereby authorized at any time and from time to time, when an Event of Default shall have occurred, each of the Administrative Agent has occurred and the Lenders is hereby authorized, continuing without notice to any of the Guarantor Guarantors (any such notice being expressly waived by each of the GuarantorGuarantors) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of each of the Guarantor Guarantors under this Guaranty, whether or not the Administrative Agent or such Lender shall have made any demand under this GuarantyGuaranty and although such obligations may be contingent or unmatured.

Appears in 1 contract

Samples: Guaranty (Charlotte Russe Holding Inc)

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