Set-Off and Waiver. Each Guarantor waives any right to assert against the Agent and the Lenders as a defense, counterclaim, set-off or cross claim, any defense (legal or equitable) or other claim which each Guarantor may now or at any time hereafter have against the Borrower, the Agent or the Lenders, without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to such Guarantor. If at any time hereafter the Agent or any Lender employs counsel for advice or other representation to enforce the Guarantors' Obligations that arise out of an Event of Default, then, in any of the foregoing events, all of the reasonable attorneys' fees arising from such services and all expenses, costs and charges in any way or respect arising in connection therewith or relating thereto shall be paid by such Guarantor to the Agent, for the benefit of the Lenders, on demand.
Appears in 2 contracts
Samples: Security Agreement (Bec Group Inc), Bolle Credit Agreement (Bolle Inc)
Set-Off and Waiver. Each The Guarantor waives any right to assert against the Agent and the Lenders Secured Parties as a defense, counterclaim, set-off or cross claim, any defense (legal or equitable) or other claim which each the Guarantor may now or at any time hereafter have against the Borrower, the Agent Borrower or the Lenders, Secured Parties without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to such the Guarantor. If at any time hereafter the Agent or any Lender Secured Party employs counsel for advice or other representation to enforce the Guarantors' Obligations that arise out of an Event of Default, then, in any of the foregoing events, all of the reasonable attorneys' fees arising from such services and all expenses, costs and charges in any way or respect arising in connection therewith or relating thereto shall be paid by such the Guarantor to the Administrative Agent, for the benefit of the LendersSecured Parties, on demand.
Appears in 2 contracts
Samples: Security Agreement (Ameristeel Finance Inc), Security Agreement (Ameristeel Corp)
Set-Off and Waiver. Each Guarantor waives any right to assert against ------------------ the Agent and the Lenders Secured Parties as a defense, counterclaim, set-off or cross claim, any defense (legal or equitable) or other claim which each such Guarantor may now or at any time hereafter have against the Borrower, the Agent Borrower or the Lenders, Secured Parties without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to such Guarantor. If at any time hereafter the Agent or any Lender Secured Party employs counsel for advice or other representation to enforce the Guarantors' Obligations that arise out of an Event of Default, then, in any of the foregoing events, all of the reasonable attorneys' fees arising from such services and all expenses, costs and charges in any way or respect arising in connection therewith or relating thereto shall be paid by such Guarantor to the Agent, for the benefit of the LendersSecured Parties, on demand.
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Set-Off and Waiver. Each Guarantor waives any right to assert against the Agent and the Lenders Trustee or any Holder as a defense, counterclaim, set-off or cross claim, any defense (legal or equitable) or other claim which each such Guarantor may now or at any time hereafter have against the BorrowerCompany, the Agent Trustee or the LendersHolders, without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to such Guarantor. If at any time hereafter the Agent Trustee or any Lender Holder employs counsel for advice or other representation to enforce the Guarantors' Obligations that arise out of an Event of Default, then, in any of the foregoing events, all of the reasonable attorneys' fees arising from such services and all expenses, costs and charges in any way or respect arising in connection therewith or relating thereto shall be jointly and severally paid by such Guarantor the Guarantors to the AgentTrustee, for the benefit of the LendersGuaranty Parties, on demand.
Appears in 1 contract
Samples: Guaranty Agreement (Headway Corporate Resources Inc)
Set-Off and Waiver. Each Guarantor waives any right to assert against the Agent and the Lenders or Lender as a defense, counterclaim, set-off or cross claim, any defense (legal or equitable) or other claim which each such Guarantor may now or at any time hereafter have against the Borrower, the Agent or the Lenders, without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to such Guarantor. If at any time hereafter the Agent or any Lender employs counsel for advice or other representation to enforce the Guarantors' Obligations that arise out of an Event of Default, then, in any of the foregoing events, all of the reasonable attorneys' fees arising from such services and all expenses, costs and charges in any way or respect arising in connection therewith or relating thereto shall be paid by such Guarantor to the Agent, for the benefit of the Lenders, on demand.arising
Appears in 1 contract
Samples: Guaranty and Suretyship Agreement (Wackenhut Corrections Corp)
Set-Off and Waiver. Each Guarantor waives any right to assert against the Agent and the Lenders or Lender as a defense, counterclaim, set-off or cross claim, any defense (legal or equitable) or other 140 claim which each such Guarantor may now or at any time hereafter have against the Borrower, the Agent or the Lenders, without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to such Guarantor. If at any time hereafter the Agent or any Lender employs counsel for advice or other representation to enforce the Guarantors' Obligations that arise out of an Event of Default, then, in any of the foregoing events, all of the reasonable attorneys' fees arising from such services and all expenses, costs and charges in any way or respect arising in connection therewith or relating thereto shall be jointly and severally paid by such Guarantor the Guarantors to the Agent, for the benefit of itself and the Lenders, on demand.
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Set-Off and Waiver. Each The Guarantor waives any right to assert against ------------------ the Agent and the Lenders Secured Parties as a defense, counterclaim, set-off or cross claim, any defense (legal or equitable) or other claim which each the Guarantor may now or at any time hereafter have against the Borrower, the Agent Borrower or the Lenders, Secured Parties without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to such the Guarantor. If at any time hereafter the Agent or any Lender Secured Party employs counsel for advice or other representation to enforce the Guarantors' Obligations that arise out of an Event of Default, then, in any of the foregoing events, all of the reasonable attorneys' fees arising from such services and all expenses, costs and charges in any way or respect arising in connection therewith or relating thereto shall be paid by such the Guarantor to the Administrative Agent, for the benefit of the LendersSecured Parties, on demand.
Appears in 1 contract
Samples: Guaranty Agreement (Ameristeel Corp)
Set-Off and Waiver. Each Guarantor waives any right to assert against the Agent and the Lenders or Lender as a defense, counterclaim, set-off or cross claim, any defense (legal or equitable) or other claim which each such Guarantor may now or at any time hereafter have against the Borrower, the Agent or the Lenders, without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to such Guarantor. If at any time hereafter the Agent or any Lender employs counsel for advice or other representation to enforce the Guarantors' Obligations that arise out of an Event of Default, then, in any of the foregoing events, all of the reasonable attorneys' fees arising from such services and all expenses, costs and charges in any way or respect arising in connection therewith or relating thereto shall be jointly and severally paid by such Guarantor the Guarantors to the Agent, for the benefit of itself and the Lenders, on demand.
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Set-Off and Waiver. Each Guarantor waives any right to assert against the Agent and the Lenders as a defense, counterclaim, set-off or cross claim, any defense (legal or equitable) or other claim which each such Guarantor may now or at any time hereafter have against the Borrower, the Agent or the Lenders, without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to such Guarantor. If at any time hereafter the Agent or any Lender employs counsel for advice or other representation to enforce the Guarantors' Obligations that arise out of an Event of Default, then, in any of the foregoing events, all of the reasonable attorneys' fees arising from such services and all expenses, costs and charges in any way or respect arising in connection therewith or relating thereto shall be jointly and severally paid by such Guarantor the Guarantors to the Agent, for the benefit of the Lenders, on demand.
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Set-Off and Waiver. Each The Guarantor waives any right to assert against the Agent and the Lenders Secured Parties as a defense, counterclaim, set-off or cross claim, any defense (legal or equitable) or other claim which each the Guarantor may now or at any time hereafter have against the Borrower, the Agent Borrower or the Lenders, Secured Parties without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to such the Guarantor. If at any time hereafter the Agent or any Lender Secured Party employs counsel for advice or other representation to enforce the Guarantors' Obligations that arise out of an Event of Default, then, in any of the foregoing events, all of the reasonable attorneys' fees arising from such services and all expenses, costs and charges in any way or respect arising in connection therewith or relating thereto shall be paid by such the Guarantor to the Agent, for the benefit of the LendersSecured Parties, on demand.
Appears in 1 contract
Samples: Stock Pledge Agreement (Cultural Access Worldwide Inc)