Set-off; Counterclaim Sample Clauses
The Set-off; Counterclaim clause allows a party to offset amounts it owes under a contract against amounts the other party owes to it, or to assert a counterclaim in response to a claim for payment. In practice, this means if Party A is required to pay Party B, but Party B also owes money to Party A, Party A can deduct the owed amount from its payment or raise the issue as a counterclaim in legal proceedings. This clause helps streamline financial settlements between parties and prevents one party from having to pay in full while still being owed money, thereby reducing the risk of unfair financial exposure.
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Set-off; Counterclaim. All payments under this letter agreement will be made without set-off or counterclaim, except that each party will have the right to set-off, counterclaim or withhold payment in respect of any default by the other party under this letter agreement or under any other agreement between the parties.
Set-off; Counterclaim. Notwithstanding any other provision of any other agreement to the contrary, all payments under this letter agreement will be made without set-off or counterclaim, except that, if the Counterparty fails to pay any Premium pursuant to Section 2 hereof in respect of any New Fixed Rate Lease when due, JPMorgan Chase will not be obligated to pay to or at the direction of the Issuer pursuant to Section 3 hereof on any Payment Date following a Calculation Period during which the Notional Principal Amount was calculated based on the amount set forth in clause (a) of the definition thereof, an amount equal to the lesser of the Excess Cap Payment and the portion of the Cap Payment on such Payment Date attributable to the Unit Balance of such New Fixed Rate Lease.
Set-off; Counterclaim. To the best of Borrower’s knowledge, there is no claim, defense, counterclaim or set-off which could be asserted by or is available to Borrower against Lender.
Set-off; Counterclaim. Notwithstanding any other provision of any other agreement to the contrary, all payments under this letter agreement will be made without set-off or counterclaim, except that, if the Counterparty fails to pay any Premium pursuant to Section 2 hereof in respect of any New Fixed Rate Lease when due, Bank of America will not be obligated to pay to or at the direction of the Issuer pursuant to Section 3 hereof on any Payment Date following a Calculation Period during which the Notional Principal Amount was calculated based on the amount set forth in clause (a) of the definition thereof, an amount equal to the lesser of the Excess Cap Payment and the portion of the Cap Payment on such Payment Date attributable to the Unit Balance of such New Fixed Rate Lease.
Set-off; Counterclaim. In addition to the provisions set forth in Section 8.8 of the Credit Agreement, without affecting the provisions of this Agreement requiring the calculation of certain net payment amounts, all payments under this Agreement shall be made without set off or counterclaim and will not be subject to any conditions except as provided in Section 2 and 6(c) of this Agreement and except if Party B is a Defaulting Party and Party A is a Noon-defaulting Party, Party A will have the right to set off, counterclaim or withhold payment of any obligation, whether matured or unmatured, under this Agreement or any other agreement between or involving the parties against any payment or performance of any obligation, whether matured or unmatured, of Party A under this Agreement or any other agreement between or involving the parties or their Affiliates regardless of the office or branch through which a party is acting, and Party A's obligations hereunder or thereunder to Party B shall be deemed to be satisfied and discharged to the extent of such set off, counterclaim or withholding.
Set-off; Counterclaim. Notwithstanding any other provision of any other agreement to the contrary, all payments under this letter agreement will be made without set-off or counterclaim, except that Chase will have the right to set-off against its obligation to pay the Excess Cap Payment to or at the direction of the Issuer pursuant to Section 3 hereof any Premium not paid by the Counterparty in accordance with Section 2 hereof.
Set-off; Counterclaim. In the event the holder hereof seeks to --------------------- enforce its rights under this Note, the Maker waives the right to interpose any set-off or counterclaim of any nature or description against the holder.