SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty.
Appears in 13 contracts
Samples: Master Agreement, Master Agreement, Confirmation of Transaction
SETOFFS AND COUNTERCLAIMS. Without limiting the Guarantor’s own defenses and rights hereunder, the Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor the XXXX Supplier is or may be entitled to arising from or out of the Contract or otherwiseAgreement, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterpartythe XXXX Supplier.
Appears in 12 contracts
Samples: Supply Agreement, Supply Agreement, Supply Agreement
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Debtor or any other affiliate of Guarantor is or may be entitled to, relating to or arising from or out of the Contract Agreements or otherwise, except for defenses relating to, arising from or out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyDebtor.
Appears in 6 contracts
Samples: Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co)
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Company or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCompany.
Appears in 4 contracts
Samples: Power Purchase Agreement, Energy Purchase and Sale Agreement, Power Purchase and Sale Agreement
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Contracts or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty.
Appears in 4 contracts
Samples: Master Agreement, Guaranty, Guaranty
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Agreements or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCounterparty or the lack of power or authority of Counterparty to enter into and/or perform the Agreements.
Appears in 2 contracts
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Company or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Agreements or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCompany.
Appears in 1 contract
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor Company is or may be entitled to arising from or out of the Contract or otherwiseAgreements, except for defenses arising out of the bankruptcy, insolvency, dissolution dissolution, or liquidation liquidation, bankruptcy or lack of Counterpartycapacity of Company.
Appears in 1 contract
Samples: Guaranty Agreement
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself waives all rights, setoffs, counterclaims and other defenses to which Counterparty Company or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCompany.
Appears in 1 contract
Samples: Guarantee
SETOFFS AND COUNTERCLAIMS. Without Except to the extent provided to the contrary in paragraph (b) of Section 1, and without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Company or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCompany.
Appears in 1 contract
Samples: Power Supply Agreement
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty.
Appears in 1 contract
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor is or the Company may be entitled to arising from or out of the Contract Joint Development Agreement or otherwisethe Project LLC Agreement, except for defenses arising out of the bankruptcy, insolvency, dissolution dissolution, liquidation, reorganization or liquidation of Counterpartyother similar proceeding relating to the Company.
Appears in 1 contract
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims counterclaims, and other defenses to which Counterparty NewPower, or any other affiliate of Guarantor that becomes a party to the Contract, is or may be entitled to arising from or out of the Contract or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution dissolution, or liquidation of CounterpartyNewPower.
Appears in 1 contract
Samples: Guaranty (Newpower Holdings Inc)
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Customer or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract or otherwiseto, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCustomer.
Appears in 1 contract
Samples: Guaranty
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Guaranteed Party or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Contracts or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyGuaranteed Party.
Appears in 1 contract
Samples: Credit Support Agreement
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Company or any other affiliate subsidiary of Guarantor is or may be entitled to arising from or out of the Contract or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCompany.
Appears in 1 contract
Samples: Guaranty (Enron Oil & Gas Co)