Common use of Setoffs and Recoupment Clause in Contracts

Setoffs and Recoupment. Each Debtor, Reorganized Debtor, or such Entity’s designee as instructed by such Debtor or Reorganized Debtor, as applicable, may, but shall not be required to, setoff against or recoup from a Claim any claims of any nature whatsoever that the Debtors may have against the claimant, to the extent not released under the Plan, but neither the failure to do so nor the allowance of any Claim hereunder shall constitute a waiver or release by the Debtors or the Reorganized Debtors of any such claim it may have against the Holder of such Claim.

Setoffs and Recoupment. Each Debtor, The Debtors and the Reorganized Debtor, or such Entity’s designee as instructed by such Debtor or Reorganized Debtor, as applicable, Debtors may, but shall not be required to, setoff set off against or recoup from a any Claim (for purposes of determining the Allowed amount of such Claim on which distribution shall be made) any claims of any nature whatsoever that the Debtors or the Reorganized Debtors may have against the claimant, to the extent not released under the Planholder of such Claim, but neither the failure to do so nor the allowance of any Claim hereunder shall constitute a waiver or release by the Debtors of any such claim the Debtors or the Reorganized Debtors of any such claim it may have against the Holder holder of such Claim.

Setoffs and Recoupment. Each Debtor, The Debtors or the Reorganized Debtor, or such Entity’s designee as instructed by such Debtor or Reorganized DebtorDebtors, as applicable, may, but shall not be required to, setoff against set off against, or recoup from from, any Claim against a Claim any claims Debtor of any nature whatsoever that the Debtors applicable Debtor may have against the claimant, to the extent not released under the Plan, but neither the failure to do so nor the allowance of any Claim against a Debtor hereunder shall constitute a waiver or release by the Debtors or the Reorganized Debtors applicable Debtor of any such claim Claim it may have against the Holder of such Allowed Claim.

Setoffs and Recoupment. Each Debtor, The Debtors and Reorganized Debtor, or such Entity’s designee as instructed by such Debtor or Reorganized DebtorDebtors, as applicable, may, but shall not be required to, setoff against or recoup from a Claim any claims payments or distributions to be made pursuant to the Plan in respect of any Claims of any nature whatsoever that the Debtors or the Reorganized Debtors may have against the claimant, to the extent not released under the Plan, but neither the failure to do so nor the allowance of any Claim hereunder shall constitute a waiver or release by the Debtors or the Reorganized Debtors of any such claim it may have against the Holder of such Claim.

Setoffs and Recoupment. Each Debtor, The Debtors or the Reorganized Debtor, or such Entity’s designee as instructed by such Debtor or Reorganized DebtorDebtors, as applicable, may, but shall not be required to, setoff against or recoup from a Claim any claims Claims of any nature whatsoever that the Debtors or the Reorganized Debtors may have against the claimant, to the extent not released under the Plan, but neither the failure to do so nor the allowance of any Claim hereunder shall constitute a waiver or release by the Debtors or the Reorganized Debtors of any such claim Claim it may have against the Holder holder of such Claim.