Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 210 contracts
Samples: Agreement (Navigator Holdings Ltd.), Assignment Agreement (Smurfit WestRock LTD), Assignment Agreement (Bristow Group Inc.)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 61 contracts
Samples: Agreement (Bunge Global SA), Assignment Agreement, Agreement (Bungeltd)
Set-Off. A Finance Party may set off any matured obligation due from owed to it by an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 19 contracts
Samples: Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International)
Set-Off. A Finance Party may set off any matured obligation due from an a Transaction Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Transaction Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 15 contracts
Samples: Facility Agreement (Okeanis Eco Tankers Corp.), Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Set-Off. (a) A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 15 contracts
Samples: Facility Agreement, Facilities Agreement (Luxfer Holdings PLC), Agreement (KNOT Offshore Partners LP)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor the Borrower under the any Finance Documents Document (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the that Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 14 contracts
Samples: Loan Agreement (Teekay Tankers Ltd.), Loan Agreement, Loan Agreement (DHT Holdings, Inc.)
Set-Off. A Finance Party may may, to the extent permitted by applicable law, set off any matured obligation due from an any Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation credit balance on any account that Obligor has with that Finance Party or against any other obligations owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 13 contracts
Samples: Whereas Eksportfinans, Framework Agreement (Seadrill Partners LLC), And Restatement Agreement (Seadrill Partners LLC)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor a Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that ObligorBorrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 11 contracts
Samples: Facilities Agreement, Facilities Agreement (MiX Telematics LTD), Facilities Agreement (PowerFleet, Inc.)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor owed to it by the Company under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligorthe Company, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 8 contracts
Samples: Credit Facility Agreement (MGM Resorts International), Credit Facility Agreement (MGM Resorts International), Western Power Distribution (PPL Corp)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor owed to it by the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the that Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 7 contracts
Samples: Agreement, Credit Agreement (Seaspan CORP), Agreement (Seaspan CORP)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor owed to it by the Owner under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligorthe Owner, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the that Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 7 contracts
Samples: Agreement (Ocean Rig UDW Inc.), Agreement (Ocean Rig UDW Inc.), Agreement (DryShips Inc.)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor the Borrowers under the any Finance Documents Document (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorany Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the that Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 6 contracts
Samples: Loan Agreement (Teekay LNG Partners L.P.), Loan Agreement (Diana Shipping Inc.), Loan Agreement (Poseidon Containers Holdings Corp.)
Set-Off. A Finance Party may set off any matured obligation due from owed to it by an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that an Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 6 contracts
Samples: Facility Agreement (TTM Technologies Inc), Facility Agreement (TTM Technologies Inc), Facility Agreement (TTM Technologies Inc)
Set-Off. A (a) At any time whilst an Event of Default is continuing, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 6 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off. Following the exercise of a right of set-off under this Agreement, the relevant Finance Party shall notify the Borrower.
Appears in 6 contracts
Samples: Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.), Coface Facility Agreement (Iridium Communications Inc.)
Set-Off. A Following the occurrence of an Event of Default a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 5 contracts
Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Ibasis Inc), Credit Agreement (Koninklijke KPN N V)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured satisfiable (erfüllbar) obligation (within the meaning of section 387 German Civil Code (Bürgerliches Gesetzbuch)) owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 5 contracts
Samples: Agreement (Hillenbrand, Inc.), Agreement (Hillenbrand, Inc.), Agreement (Hillenbrand, Inc.)
Set-Off. A While an Event of Default is continuing, a Finance Party may set off any matured obligation due from owed to it by an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that an Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off. That Finance Party shall promptly notify that obligor of any such set-off or conversion.
Appears in 5 contracts
Samples: Agreement (Amec PLC), Agreement (Amec PLC), Agreement (Amec PLC)
Set-Off. (a) A Finance Party may set off any matured or un-matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured or un-matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 5 contracts
Samples: Term Loan Facilities Agreement (DHT Holdings, Inc.), Agreement (DHT Holdings, Inc.), Agreement (DHT Holdings, Inc.)
Set-Off. A Following an Event of Default, a Finance Party may set off any matured obligation due from owed to it by an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-set off.
Appears in 4 contracts
Samples: Agreement (Smith & Nephew PLC), Agreement (Smith & Nephew PLC), Agreement (Smith & Nephew PLC)
Set-Off. A Finance Party may set set-off any matured obligation due from an a Transaction Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Transaction Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 4 contracts
Samples: Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor owed to it by the Company under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligorthe Company, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 4 contracts
Samples: Bridge Facilities Agreement (Bayer Aktiengesellschaft), Syndicated Facilities Agreement (Bayer Aktiengesellschaft), Agreement (Bayer Aktiengesellschaft)
Set-Off. A While an Event of Default is continuing a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 4 contracts
Samples: Facility Agreement (Coca-Cola HBC AG), Bridge Facility Agreement (Coca-Cola HBC AG), Bridge Facility Agreement (Coca-Cola HBC AG)
Set-Off. A If an Event of Default is continuing, a Finance Party may may, but need not, set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, Obligor regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 4 contracts
Samples: Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD)
Set-Off. A Following an Event of Default which is continuing, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 4 contracts
Samples: Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD), Gold Fields LTD
Set-Off. A While an Event of Default is outstanding, a Finance Party may set off any matured obligation due from owed to it by an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 4 contracts
Samples: Agreement (Centex Development Co Lp), Agreement (Schlumberger LTD /Ny/), Agreement (Centex Corp)
Set-Off. A After the occurrence of an Event of Default which is continuing, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 4 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Senior Facilities Agreement (StarTek, Inc.)
Set-Off. A For so long as an Event of Default is continuing, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 4 contracts
Samples: And Restatement Agreement (Validus Holdings LTD), Agreement (Validus Holdings LTD), Agreement (Validus Holdings LTD)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the that Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 4 contracts
Samples: Facility Agreement (Multi Fineline Electronix Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc)
Set-Off. A Whilst an Event of Default is continuing a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Agreement (Signet Jewelers LTD), Agreement (Signet Group PLC), Facilities Agreement (Signet Jewelers LTD)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any obligation (whether matured obligation or not) owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Agreement (Advanced Micro Devices Inc), Agreement (Advanced Micro Devices Inc), Agreement (Advanced Micro Devices Inc)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor Party under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that ObligorObligor Party, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off. A Finance Party shall notify the Obligors’ Agent as soon as practicable after the set off.
Appears in 3 contracts
Samples: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Set-Off. A If an Event of Default is subsisting a Finance Party may may, but need not, set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that ObligorObligor (whether or not matured), regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Subscription Agreement (WMC Resources Inc), Subscription Agreement (WMC Resources Inc), WMC Resources LTD
Set-Off. 32.1.1 A Finance Party may set off any matured obligation due from an Obligor owed to it by the Company under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligorthe Company, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (PPL Energy Supply LLC), Amendment and Restatement Agreement (PPL Energy Supply LLC), Agreement (PPL Energy Supply LLC)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off. That Finance Party shall promptly notify that Obligor of any set-off or conversion.
Appears in 3 contracts
Samples: Multicurrency Revolving Credit and Guarantee (Subsea 7 S.A.), Multicurrency Guarantee Facility Agreement (Acergy S.A.), Agreement (Acergy S.A.)
Set-Off. A At any time whilst an Event of Default is continuing, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Notes Purchase Agreement (Membership Collective Group Inc.), Notes Purchase Agreement (Membership Collective Group Inc.), Multicurrency Term and Revolving Facilities Agreement (LG Acquisition Corp.)
Set-Off. 16.1 Set-off A Finance Party may set off any matured obligation due from an Obligor the Borrowers under the any Finance Documents Document (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrowers, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the that Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Corp), Facility Agreement (Teekay Corp)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.. 39 Notices
Appears in 3 contracts
Samples: Facilities Agreement (Navigator Holdings Ltd.), Navigator Holdings Ltd., Navigator Holdings Ltd.
Set-Off. 36.1 A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Facility Agreement (Hafnia LTD), Agreement (Hafnia LTD), Agreement (Hafnia LTD)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: And Restatement Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp), Humber Shipco LLC (Ardmore Shipping Corp)
Set-Off. A Each Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the each Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Facilities Agreement (Central European Distribution Corp), Facility Agreement (Central European Distribution Corp), And Restatement Agreement (Central European Distribution Corp)
Set-Off. Set-off A Finance Party may set off any matured obligation due from an Obligor the Borrowers under the any Finance Documents Document (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrowers, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the that Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Facility Agreement, Facility Agreement (Teekay LNG Partners L.P.), Facility Agreement (Teekay LNG Partners L.P.)
Set-Off. A Finance Party may set set-off any matured obligation due from an Obligor the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Facility Agreement, Facility Agreement (Teekay Corp), Facility Agreement (Teekay LNG Partners L.P.)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off. No security interest is created by this Clause 30.
Appears in 3 contracts
Samples: Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD)
Set-Off. A If an Event of Default has occurred and is continuing a Finance Party may set off any matured obligation due from owed to it by an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Agreement (Kabel Deutschland Vertrieb Und Service GmbH & Co. KG), Agreement (Aramark Corp/De), Agreement (Kabel Deutschland GmbH)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: www.sec.gov, Agreement (Logitech International Sa), Facility Agreement (Software AG, Inc.)
Set-Off. A Finance Party may set off any matured obligation due from owed to it by an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that an Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Credit Agreement (Sara Lee Corp), Agreement (D.E Master Blenders 1753 B.V.), Agreement (Bausch & Lomb Inc)
Set-Off. A Finance Party may set set-off any matured obligation due from an any Obligor under the a Finance Documents (to the extent beneficially owned by that Finance Party) Document against any matured obligation owed by that Finance Party to that the Obligor, regardless of the place of payment, booking branch or currency of either any such obligation. If the obligations are in different currencies, the Finance Party may convert either the obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 3 contracts
Samples: Agreement (Flex LNG Ltd.), Agreement (Flex LNG Ltd.), Facility Agreement (KNOT Offshore Partners LP)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off. The relevant Finance Party shall promptly notify an Obligor and the Facility Agent after any set-off.
Appears in 2 contracts
Samples: Assignment Agreement (Dorian LPG Ltd.), Assignment Agreement (Dorian LPG Ltd.)
Set-Off. A Without prior notice to the Obligor, a Finance Party may but is not obliged to, set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that ObligorObligor (whether or not matured), regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.. Table of Contents
Appears in 2 contracts
Samples: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Set-Off. A Finance Party may set off any matured obligation due from owed to it by an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that an Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Merck Kgaa /Fi), Agreement (E. Merck oHG)
Set-Off. A Finance Party may may, at any time while an Event of Default is continuing, set off any matured obligation due from an Obligor the Company under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Company, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Nordic Telephone CO ApS), Agreement (Nordic Telephone CO ApS)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor the Company under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Company, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Montpelier Re Holdings LTD), Agreement (Montpelier Re Holdings LTD)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch branch, maturity or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facility Agreement (Delhaize Group), Facility Agreement (Delhaize Group)
Set-Off. (a) A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business trading for the purpose of the set-off.
Appears in 2 contracts
Samples: Facilities Agreement (Molson Coors Brewing Co), Facilities Agreement (Molson Coors Brewing Co)
Set-Off. 16.1 A Finance Party may set off any matured obligation due from an Obligor the Borrower under the any Finance Documents Document (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the that Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Set-Off. A Finance Party may set off any matured obligation due from owed to it by an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligor, Obligor regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the that Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Quintana Maritime LTD), Agreement (Quintana Maritime LTD)
Set-Off. a) A Finance Party may may, to the extent permitted by law, set off any matured obligation due from an Obligor the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents or Company Parent Guarantees (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (BHP Billiton LTD), Facility and Subscription Agreement (BHP Billiton PLC)
Set-Off. A Following the occurrence of an Event of Default which is continuing a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent 127 beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: South Texas Supply Company, Inc., South Texas Supply Company, Inc.
Set-Off. A Without prior notice to any Obligor, a Finance Party may may, but is not obliged to, set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that ObligorObligor (whether or not matured), regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Energizer Holdings Inc), Energizer Holdings Inc
Set-Off. A Following the occurrence of an Event of Default and for so long as it is continuing, a Finance Party may set off any matured obligation due from an Obligor a Loan Party under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that ObligorLoan Party, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facilities Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Set-Off. A Following an Event of Default which is continuing, a Finance Party may set off any matured obligation due from an Obligor the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.. 86
Appears in 2 contracts
Samples: www.lw.com, www.lw.com
Set-Off. 31.1 A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, payment booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facility Agreement (Encore Capital Group Inc), Assignment Agreement (Encore Capital Group Inc)
Set-Off. A Finance Party (excluding for the purposes of this Clause 31, the Hedging Counterparty) may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Consent and Agreement (Harry Winston Diamond Corp), Consent and Agreement (Harry Winston Diamond Corp)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor or BHL under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that ObligorObligor or BHL, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Bristow Group Inc.), Search and Rescue (Bristow Group Inc.)
Set-Off. A Following an Event of Default which is continuing, a Finance Party may set off any matured obligation due from an Obligor the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Set-Off. A (a) Following an Event of Default that is continuing, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: And Restatement Agreement (Liberty Global PLC), Amendment and Restatement Agreement (Liberty Global PLC)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Ship Acquisition Inc.), Credit Agreement (Corporate Property Associates 16 Global Inc)
Set-Off. A Following a Default which is continuing, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Multicurrency Revolving Facilities Agreement (Gallaher Group PLC), Multicurrency Revolving Facilities Agreement (Gallaher Group PLC)
Set-Off. a) A Finance Party may may, to the extent permitted by law, set off any matured obligation due from an Obligor the Obligors under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Obligors, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the such obligations are in different currencies, the such Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the such set-off.
Appears in 2 contracts
Samples: Intercreditor Agreement (WuXi PharmaTech (Cayman) Inc.), Intercreditor Agreement (WuXi PharmaTech (Cayman) Inc.)
Set-Off. A Whilst an Event of Default is continuing, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Intercreditor Agreement (Manchester United PLC), Intercreditor Agreement (Manchester United PLC)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor a Security Party under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that ObligorSecurity Party, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Amending and Restating Agreement (DHT Holdings, Inc.), Fifth Supplemental Agreement (TORM PLC)
Set-Off. A Whilst an Event of Default is continuing, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off. The Finance Party shall give the Obligor written notice of any such set off.
Appears in 2 contracts
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.. 38 Notices
Appears in 2 contracts
Set-Off. (a) A Finance Party may set off any matured obligation due from an Obligor the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Coeur D Alene Mines Corp), Agreement (Coeur D Alene Mines Corp)
Set-Off. A Finance Party may set off any matured obligation due from an a Transaction Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Transaction Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.. 144
Appears in 2 contracts
Samples: Banks and Financial Institutions (Okeanis Eco Tankers Corp.), Banks and Financial Institutions (Okeanis Eco Tankers Corp.)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor the Borrower under the Finance Documents to which it is a party (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facility Agreement, ire.finanzas.gob.ec
Set-Off. A Finance Party may set off any matured obligation due from an Obligor party hereto under any or all of the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the such obligations are in different currencies, the that Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the such set-off.
Appears in 2 contracts
Samples: Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (China Mengniu Dairy Co LTD)
Set-Off. A While an Event of Default is continuing, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facility Agreement (Coca-Cola HBC AG), Facilities Agreement (Coca-Cola Hellenic Bottling Co Sa)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor owed by the Borrower under the Finance Documents this Agreement (to the extent beneficially owned by that Finance Party) against any matured obligation credit balance owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the a Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Yorkshire Power Group LTD), Supplemental Agreement (Yorkshire Power Group LTD)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that ObligorBorrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facility Agreement (TOM Group LTD), Facility Agreement (Tom Online Inc)
Set-Off. 31.1. A Finance Party may set off any matured obligation due from an Obligor the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: www.sec.gov, Term Loan Facility Agreement (Sibanye Gold LTD)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor the Guarantor under the Finance Documents any Guarantor Security Document (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Guarantor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Genco Shipping & Trading LTD, Genco Shipping & Trading LTD
Set-Off. A Following the occurrence of an Event of Default, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Solutia Inc), Multicurrency Term and Revolving Facilities Agreement (Solutia Inc)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.. 40 Notices
Appears in 2 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Navigator Holdings Ltd.
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless regardless of the place of payment, booking branch or currency of either obligationobligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Kronos International Inc), Agreement (Kronos International Inc)
Set-Off. 35.1 A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Endava PLC), Facility Agreement (Edgen Murray PLC)
Set-Off. a) A Finance Party may may, to the extent permitted by law, set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Assignment Agreement (DHT Holdings, Inc.), Assignment Agreement (DHT Holdings, Inc.)
Set-Off. A Finance Party may set off any matured obligation amount due from and owed by an Obligor under the Finance Documents this Agreement (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Index (Cobe Laboratories Inc), Facility Agreement (Incentive Ab)
Set-Off. A Upon notice, a Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Agreement (Dorian LPG Ltd.), Agreement (Dorian LPG Ltd.)
Set-Off. (a) A Finance Party may set off any matured obligation due from an Obligor owed by the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation (whether or not matured) owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off. No security interest is created by this Clause 31.
Appears in 2 contracts
Samples: Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD)
Set-Off. A While an Event of Default is continuing, a Finance Party may set off any matured obligation due from an Obligor the Borrower under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligorthe Borrower, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facilities Agreement (Rentokil Initial PLC /Fi), Facilities Agreement (Rentokil Initial PLC /Fi)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that ObligorObligor (other than an obligation to make its participation in a Loan available under Clause 5.4 (Lenders’ Participation)), regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 2 contracts
Samples: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Set-Off. (a) A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 1 contract
Set-Off. A Finance Party may may, to the extent permitted by applicable law, set off any matured obligation due from an any Obligor under the Finance Documents (to the extent beneficially 84 (118) owned by that Finance Party) against any matured obligation credit balance on any account that Obligor has with that Finance Party or against any other obligations owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 1 contract
Samples: Senior Secured Credit Facility Agreement (Seadrill Partners LLC)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents to which it is a party in accordance with their terms (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
Appears in 1 contract
Samples: Assignment Agreement (Euroseas Ltd.)
Set-Off. A Finance Party may set off any matured obligation due from an Obligor under the Finance Documents (to the extent beneficially owned by that Finance Party) against any matured obligation owed by that Finance Party to that Obligor, regardless of the place of payment, booking branch or currency of either obligation. If the obligations are in different currencies, the Finance Party may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.. 128 34 Notices
Appears in 1 contract