Common use of SETOFFS AND COUNTERCLAIMS Clause in Contracts

SETOFFS AND COUNTERCLAIMS. Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which ENA is or may be entitled to arising from or out of the Contracts, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of ENA.

Appears in 2 contracts

Samples: Gas Purchase and Agency Agreement (North Shore Gas Co /Il/), Gas Purchase and Agency Agreement (North Shore Gas Co /Il/)

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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 ENA or any other affiliate of Guarantor is or may be entitled to arising from or out of the ContractsContract or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of ENA.

Appears in 1 contract

Samples: Guaranty

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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 ENA is or may be entitled that are attributable solely to any action or omission of the Counterparty and arising from or out of the ContractsContract, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of ENA.

Appears in 1 contract

Samples: Guaranty Agreement

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