Severability; Counterparts, Waiver of Setoff. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Each APA Bank and the Funding Agent hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against PARCO or its assets.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Idine Rewards Network Inc), Asset Purchase Agreement (Onyx Acceptance Corp), Receivables Transfer Agreement (Collins & Aikman Corp)
Severability; Counterparts, Waiver of Setoff. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. Any provisions of this Agreement which that are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Each APA Bank and the Funding Agent The Seller hereby waives any right of setoff for any amounts due hereunder which it may have or to which it may be entitled under this Agreement from time to time against PARCO or the Purchaser and its assets.
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (Ministry Partners Investment Corp), Mortgage Loan Purchase Agreement (Ministry Partners Investment Corp)
Severability; Counterparts, Waiver of Setoff. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreementAgreement. Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable any other provision in such jurisdiction or such provision in any other jurisdiction. Each APA Bank and the Funding Agent The Seller hereby waives any right of setoff which it may have or to which it may be entitled under this Agreement from time to time against PARCO or the Buyer and its assets.
Appears in 2 contracts
Samples: Purchase and Contribution Agreement (Edison Schools Inc), Purchase and Contribution Agreement (Edison Schools Inc)
Severability; Counterparts, Waiver of Setoff. This Agreement may be executed in any number number. of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreementAgreement. Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable any other provision in such jurisdiction or such provision in any other jurisdiction. Each APA Bank and the Funding Agent The Originator hereby waives agrees to waive any right of setoff which it may have or to which it may be entitled under this Agreement from time to time against PARCO or the Buyer and its assets.
Appears in 1 contract
Samples: Purchase Agreement (Cone Mills Corp)
Severability; Counterparts, Waiver of Setoff. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreementAgreement. Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Each APA Bank The Transferor and the Funding Agent NFC hereby waives agree to waive any right of setoff which it may have or to which it may be entitled under this Agreement from time to time against PARCO the Purchaser, any APA Bank or its the Funding Agent and their respective assets.
Appears in 1 contract
Samples: Transfer and Administration Agreement (Navistar Financial Retail Receivables Corporation)
Severability; Counterparts, Waiver of Setoff. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Each of the APA Bank Banks and the Funding Agent hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against PARCO or its their respective assets.
Appears in 1 contract
Samples: Asset Purchase Agreement (Ikon Office Solutions Inc)