Common use of Subordination of Lien; Waiver of Set-Off Clause in Contracts

Subordination of Lien; Waiver of Set-Off. In the event that the Securities Intermediary has or subsequently obtains by agreement, operation of law or otherwise a security interest in the Accounts or any Security Entitlement credited thereto, the Securities Intermediary hereby agrees that such security interest shall be subordinate to the security interests of the Secured Party and the Issuer. The financial assets and other items deposited to an Account will not be subject to deduction, set-off, banker’s lien or any other right in favor of any Person or entity other than the Secured Party and, subject to the provisions hereof, the Issuer (except that the Securities Intermediary may set off against amounts on deposit in such Account (i) all amounts due to it in respect of its customary fees and expenses for the routine maintenance and operation of such Account, and (ii) the face amount of any checks which have been credited to such Account but are subsequently returned unpaid because of uncollected or insufficient funds).

Appears in 19 contracts

Samples: Control Agreement (BMW Vehicle Lease Trust 2024-1), Control Agreement (BMW Vehicle Lease Trust 2024-1), Control Agreement (BMW Vehicle Lease Trust 2023-2)

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Subordination of Lien; Waiver of Set-Off. In the event that the Securities Intermediary has or subsequently obtains by agreement, operation of law or otherwise a security interest in the Accounts Securities Account or any Security Entitlement credited thereto, the Securities Intermediary hereby agrees that such security interest shall be subordinate to the security interests of the Secured Party and the IssuerParty. The financial assets Financial Assets and other items deposited to an the Securities Account will not be subject to deduction, set-off, banker’s lien or any other right in favor of any Person or entity other than the Secured Party and, subject to the provisions hereof, the Issuer (except that the Securities Intermediary may set off against amounts on deposit in such the Securities Account (i) all amounts due to it in respect of its customary fees and expenses for the routine maintenance and operation of such Account, Securities Account and (ii) the face amount of any checks which have been credited to such Securities Account but are subsequently returned unpaid because of uncollected or insufficient funds).

Appears in 3 contracts

Samples: Account Control Agreement, Account Control Agreement (Navistar Financial Corp), Control Agreement (Navistar Financial Corp)

Subordination of Lien; Waiver of Set-Off. In the event ---------------------------------------- that the Securities Intermediary has or subsequently obtains by agreement, by operation of law or otherwise a security interest in the Accounts Securities Account or any Security Entitlement security entitlement credited thereto, the Securities Intermediary hereby agrees that such security interest shall be subordinate to the security interests interest of the Secured Party and the IssuerParty. The financial assets and other items deposited to an the Securities Account will not be subject to deduction, set-off, banker’s lien 's lien, or any other right in favor of any Person or entity person other than the Secured Party and, subject to the provisions hereof, the Issuer (except that the Securities Intermediary may set off against amounts on deposit in such Account (i) all amounts due to it the Securities Intermediary in respect of its customary fees and expenses for the routine maintenance and operation of such the Securities Account, and (ii) the face amount of any checks which have been credited to such the Securities Account but are subsequently returned unpaid because of uncollected or insufficient funds).

Appears in 2 contracts

Samples: Custody and Security Agreement (Superior Financial Corp /Ar/), Securities Account Control Agreement (Superior Financial Corp /Ar/)

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Subordination of Lien; Waiver of Set-Off. In the event that the Securities Intermediary in its individual capacity has or subsequently obtains by agreement, operation of law or otherwise otherwise, a security interest in the Accounts or either of them or any Security Entitlement security entitlement or other property credited thereto, the Securities Intermediary hereby agrees that such security interest shall be subordinate to the security interests interest of the Secured Party and the IssuerParty. The financial assets Financial Assets and other items or property then credited or deposited to an Account the Accounts will not be subject to deduction, set-off, banker’s lien 's lien, or any other right in favor of any Person or entity person other than the Secured Party and, subject to the provisions hereof, the Issuer (except that the Securities Intermediary may set set-off against amounts on deposit in such Account (i) all amounts due to it in respect of its customary fees and expenses for the routine maintenance and operation of such Accountthe Accounts, and (ii) the face amount of any checks which have been credited to such Account the Accounts but are subsequently returned unpaid because of uncollected or insufficient fundsfunds or otherwise).

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Metris Companies Inc)

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