Common use of Sharing of Set-Offs Clause in Contracts

Sharing of Set-Offs. Each Bank agrees that if it shall, by exercising any right of set-off or counterclaim or otherwise, receive payment of a proportion of the aggregate amount of principal and interest relating to its Committed Loans which is greater than the proportion received by any other Bank in respect of the aggregate amount of principal and interest relating to the Committed Loans of such other Bank, the Bank receiving such proportionately greater payment shall purchase such participations in the Notes held by the other Banks, and such other adjustments shall be made, as may be required so that all such payments of principal and interest relating to Committed Loans of the Banks shall be shared by the Banks pro rata; provided that nothing in this Section shall impair the right of any Bank to exercise any right of set-off or counterclaim it may have and to apply the amount subject to such exercise to the payment of indebtedness of the Borrower other than its indebtedness hereunder.

Sharing of Set-Offs. Each Bank agrees that if it shall, by exercising any right of set-off or counterclaim or otherwise, receive payment of a proportion of the aggregate amount of principal and interest relating to its Committed Loans which is greater than the proportion received by any other Bank in respect of the aggregate amount of principal and interest relating to the Committed Loans of such other Bank, the Bank receiving such proportionately greater payment shall purchase such participations in the Notes held by the other Banks, and such other adjustments shall be made, as may be required so that all such payments of principal and interest relating to Committed Loans of the Banks shall be shared by the Banks pro rata; provided that nothing in this Section shall impair the right of any Bank to exercise any right of set-off or counterclaim it may have and to apply the amount subject to such exercise to the payment of indebtedness of the Borrower Company other than its indebtedness hereunder.

Sharing of Set-Offs. Each Bank agrees that if it shall, by exercising any right of set-off or counterclaim or otherwise, receive payment of a proportion of the aggregate amount of principal and interest relating then due with respect to its Committed the Loans held by it which is greater than the proportion received by any other Bank in respect of the aggregate amount of principal and interest relating then due with respect to the Committed Loans of held by such other Bank, the Bank receiving such proportionately greater payment shall purchase such participations in the Notes Loans held by the other Banks, and such other adjustments shall be made, as may be required so that all such payments of principal and interest relating with respect to Committed the Loans of held by the Banks shall be shared by the Banks pro rata; provided that nothing in this Section shall impair the right of any Bank to exercise any right of set-off or counterclaim it may have and to apply the amount subject to such exercise to the payment of indebtedness of the Borrower Borrower, other than its indebtedness hereunder.

Sharing of Set-Offs. Each Bank agrees The Banks agree among themselves that if it any Bank shall, by exercising any right of set-off or counterclaim or otherwise, receive payment of a proportion of the aggregate amount of principal and interest relating due with respect to its Committed Loans any Loan made by it which is greater than the proportion received by any other Bank in respect of the aggregate amount of principal and interest relating due with respect to the Committed Loans of any Loan made by such other Bank, the Bank receiving such proportionately greater payment shall purchase such participations in the Notes held Loans made by the other Banks, and such other adjustments shall be made, as may be required so that all such payments of principal and interest relating with respect to Committed the Loans of made by the Banks shall be shared by the Banks pro rata; provided that nothing in this Section shall impair the right of -------- any Bank to exercise any right of set-off or counterclaim it may have and to apply the amount subject to such exercise to the payment of indebtedness of the Borrower other than its indebtedness hereunder.

Sharing of Set-Offs. Each Bank agrees that if it shall, by exercising any right of set-off or counterclaim or otherwise, receive payment of a proportion of the aggregate amount then due with respect to the Loans, Bankers' Acceptance Obligations and Letter of principal and interest relating to its Committed Loans Credit Liabilities held by it which is greater than the proportion received by any other Bank in respect of the aggregate amount of principal and interest relating then due with respect to the Committed Loans Loans, Bankers' Acceptance Obligations and Letter of Credit Liabilities held by such other Bank, the Bank receiving such proportionately greater payment shall purchase such participations in the Notes Loans, Bankers' Acceptance Obligations and Letter of Credit Liabilities held by the other Banks, and such other adjustments shall be made, as may be required so that all such payments with respect to the Loans, Bankers' Acceptance Obligations and Letter of principal and interest relating to Committed Loans of Credit Liabilities held by the Banks shall be shared by the Banks pro rata; provided that nothing in this Section shall impair the right of any Bank to exercise any right of set-off or counterclaim it may have and to apply the amount subject to such exercise to the payment of indebtedness of the Borrower Borrowers other than its their indebtedness hereunderunder this Agreement.

Sharing of Set-Offs. Each Bank Lender agrees that if it shall, by exercising any right of set-off or counterclaim or otherwise, receive payment of a proportion of the aggregate amount of principal and interest relating due with respect to its Committed Loans any Note held by it which is greater than the proportion received by any other Bank Lender in respect of the aggregate amount of principal and interest relating due with respect to the Committed Loans of any Note held by such other BankLender, the Bank Lender receiving such proportionately greater payment shall purchase such participations in the Notes held by the other BanksLenders, and such other adjustments shall be made, as may be required so that all such payments of principal and interest relating with respect to Committed Loans of the Banks Notes held by the Lenders shall be shared by the Banks Lenders pro rata; provided that nothing in this Section shall impair the right of any Bank Lender to exercise any right of set-off or counterclaim it may have and to apply the amount subject to such exercise to the payment of indebtedness of the Borrower Company other than its indebtedness hereunder.