Common use of Security; Setoff Clause in Contracts

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

Appears in 2 contracts

Samples: Credit Agreement (Saga Communications Inc), Credit Agreement (Wichita Manufacturing Inc)

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

Appears in 1 contract

Samples: Revolving Credit Agreement (CML Group Inc)

Security; Setoff. Each of the Guarantors Guarantor grants to the Administrative Agent and each of the Agent, the Issuing Bank and the Lenders, as security for the full and punctual payment and performance of all of the Guarantors' obligations hereunder, a continuing lien on and security interest in all securities or other property belonging to each such Guarantor now or hereafter held by such Agent, the Issuing Bank 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 such Agent, the Issuing Bank Administrative Agent or such Lender to such Guarantor or subject to withdrawal by such Guarantor. Regardless of the adequacy of any collateral security or other means of obtaining payment of any of the ObligationsObligations and in addition to any rights now or hereafter granted under applicable law and not by way of limitation of any such rights, each after the occurrence and during the continuance of the Agentan Even of Default, the Issuing Bank Administrative Agent and the Lenders is are hereby authorized at any time and from time to time, without notice to any of the Guarantors Guarantor (any such notice being expressly waived by each of the GuarantorsGuarantor) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of such Guarantor the Guarantors under this Guaranty, whether or not such Agent, the Issuing Bank Administrative Agent or such Lender shall have made any demand under this Guarantee Guaranty and although such obligations may be contingent or unmatured.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ems Technologies Inc)

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

Appears in 1 contract

Samples: Guaranty (Quaker Fabric Corp /De/)

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

Appears in 1 contract

Samples: Guaranty (Quaker Fabric Corp /De/)

Security; Setoff. Each of the Guarantors Guarantor grants to each of the Agent, the Issuing Bank Administrative Agent and the Lenders, as security for the full and punctual payment and performance of all of the Guarantors' such Guarantor's obligations hereunder, a continuing lien on and security interest in all securities or other property belonging to each such Guarantor now or hereafter held by such Agent, the Issuing Bank 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 such Agent, the Issuing Bank Administrative Agent or such Lender to such Guarantor or subject to withdrawal by such Guarantor. Regardless of the adequacy of any collateral security or other means of obtaining payment of any of the Obligations, each of the Agent, the Issuing Bank Administrative Agent and the Lenders is hereby authorized at any time and from time to timetime following the occurrence and during the continuance of an Event of Default, without notice to any of the Guarantors Guarantor (any such notice being expressly waived by each of the Guarantorssuch Guarantor) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of such Guarantor under this Guaranty, whether or not such Agent, the Issuing Bank Administrative Agent or such Lender shall have made any demand under this Guarantee Guaranty and although such obligations may be contingent or unmatured.

Appears in 1 contract

Samples: Watts Industries Inc

Security; Setoff. Each of the Guarantors grants to each of the Administrative Agent, the Issuing Bank and the Lenders, as security for the full and punctual payment and performance of all of the Guarantors' obligations hereunder, a continuing lien on and security interest in all securities or other property belonging to each such Guarantor now or hereafter held by such Agent, the Issuing Bank or such 48 Lender and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from such Agent, the Issuing Bank or such Lender to such Guarantor or subject to withdrawal by such Guarantor. Regardless of the adequacy of any collateral security or other means of obtaining payment of any of the Obligations, each of the Administrative Agent, the Issuing Bank and the Lenders is hereby authorized at any time and from time to time, without notice to any of the Guarantors (any such notice being expressly waived by each of the Guarantors) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of such Guarantor under this Guaranty, whether or not such Agent, the Issuing Bank or such Lender shall have made any demand under this Guarantee Guaranty and although such obligations may be contingent or unmatured.

Appears in 1 contract

Samples: Revolving Credit Agreement (CML Group Inc)

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Security; Setoff. Each of the Guarantors Parent Companies grants to each of the Agent, the Issuing Bank Agent and the LendersBanks, as security for the full and punctual payment and performance of all of the GuarantorsParent Companies' obligations hereunder, a continuing lien on and security interest in all securities or other property belonging to each such Guarantor Parent Company now or hereafter held by such Agent, the Issuing Bank Agent or such Lender Bank and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from such Agent, the Issuing Bank Agent or such Lender Bank to such Guarantor Parent Company or subject to withdrawal by such GuarantorParent Company. Regardless of the adequacy of any collateral security or other means of obtaining payment of any of the Obligations, each of the Agent, the Issuing Bank Agent and the Lenders Banks is hereby authorized at any time and from time to timetime during the continuance of any payment Default or any Event of Default, without notice to any of the Guarantors Parent Companies (any such notice being expressly waived by each of the GuarantorsParent Companies) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of such Guarantor each of the Parent Companies under this Guaranty, whether or not such Agent, the Issuing Bank Agent or such Lender Bank shall have made any demand under this Guarantee Guaranty and although such obligations may be contingent or unmatured. The Agent and the Banks shall endeavor to give the Borrower prompt notice, in no event later than five (5) days after the application of such deposits, of such application, provided, however, that failure of the Agent or any Bank to give the Borrower such notice shall not affect any of the Agent's or Banks' rights hereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Digitas Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Genesee & Wyoming Inc)

Security; Setoff. Each of the Guarantors Parent Companies grants to each of the Agent, the Issuing Bank Agent and the LendersBanks, as security for the full and punctual payment and performance of all of the Guarantors' Parent Companies’ obligations hereunder, a continuing lien on and security interest in all securities or other property belonging to each such Guarantor Parent Company now or hereafter held by such Agent, the Issuing Bank Agent or such Lender Bank and in all deposits (general or special, time or demand, provisional or final) and other sums credited by or due from such Agent, the Issuing Bank Agent or such Lender Bank to such Guarantor Parent Company or subject to withdrawal by such GuarantorParent Company. Regardless of the adequacy of any collateral security or other means of obtaining payment of any of the Obligations, each of the Agent, the Issuing Bank Agent and the Lenders Banks is hereby authorized at any time and from time to timetime during the continuance of any payment Default or any Event of Default, without notice to any of the Guarantors Parent Companies (any such notice being expressly waived by each of the GuarantorsParent Companies) and to the fullest extent permitted by law, to set off and apply such deposits and other sums against the obligations of such Guarantor each of the Parent Companies under this Guaranty, whether or not such Agent, the Issuing Bank Agent or such Lender Bank shall have made any demand under this Guarantee Guaranty and although such obligations may be contingent or unmatured. The Agent and the Banks shall endeavor to give the Borrower prompt notice, in no event later than five (5) days after the application of such deposits, of such application, provided, however, that failure of the Agent or any Bank to give the Borrower such notice shall not affect any of the Agent’s or Banks’ rights hereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Digitas Inc)

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