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 Bank has or subsequently obtains by agreement, operation of law or otherwise a security interest in any Designated Account, the Bank hereby agrees that such security interest shall be subordinate to that of the Secured Parties. The funds deposited into any Designated Account will not be subject to deduction, set-off, banker’s lien, or any other right in favor of any Person other than the Secured Parties (except that the Bank may set off (i) all amounts due to the Bank in respect of its customary fees and expenses for the routine maintenance and operation of the Designated Accounts, including overdraft fees, and (ii) the face amount of any checks or other items which have been credited to any Designated Account but are subsequently returned unpaid because of uncollected or insufficient funds).

Appears in 10 contracts

Samples: Security Agreement (Department 56 Inc), Credit Agreement (Bearingpoint Inc), Security Agreement (Department 56 Inc)

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Subordination of Lien; Waiver of Set-Off. In the event that the Bank has or subsequently obtains by agreement, operation of law or otherwise a security interest in any Designated Account, the Bank hereby agrees that such security interest shall be subordinate to that of the Secured Parties. The funds deposited into any Designated Account will not be subject to deduction, set-off, banker’s 's lien, or any other right in favor of any Person other than the Secured Parties (except that the Bank may set off (i) all amounts due to the Bank in respect of its customary fees and expenses for the routine maintenance and operation of the Designated Accounts, including overdraft fees, and (ii) the face amount of any checks or other items which have been credited to any Designated Account but are subsequently returned unpaid because of uncollected or insufficient funds).

Appears in 3 contracts

Samples: Security Agreement (Lenox Group Inc), u.s. Security Agreement (Bombardier Recreational Products Inc.), Guarantee and Collateral Agreement (Business Sound Inc)

Subordination of Lien; Waiver of Set-Off. In the event that the Bank has or subsequently obtains by agreement, operation of law or otherwise a security interest in the Deposit Account or any Designated Accountfunds credited thereto, the Bank hereby agrees that such security interest shall be subordinate to that the security interest of the Secured PartiesParty. The funds Money and other items deposited into any Designated to the Deposit Account will not be subject to deduction, set-off, banker’s 's lien, or any other right in favor of any Person person other than the Secured Parties Party (except that the Bank may set off (i) all amounts due to the Bank it in respect of its customary fees and expenses for the routine maintenance and operation of the Designated Accounts, including overdraft feesDeposit Account, and (ii) the face amount of any checks or other items which have been credited to any Designated the Deposit Account but are subsequently returned unpaid because of uncollected or insufficient funds).

Appears in 2 contracts

Samples: Securities Purchase Agreement (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.), Guarantee and Collateral Agreement (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.)

Subordination of Lien; Waiver of Set-Off. In the event that the Bank has or subsequently obtains by agreement, operation of law or otherwise a security interest in any Designated Account, the Bank hereby agrees that such security interest shall be subordinate to that of the Secured Parties. The funds deposited into any Designated Account will not be subject to deduction, set-off, banker’s 's lien, or any other right in favor of any Person other than the Secured Parties (except that the Bank may set off (i) all amounts due to the Bank in respect of its customary fees and expenses for the routine maintenance and operation of the Designated Accounts, including overdraft fees, and (ii) the face amount of any checks cheques or other items which have been credited to any Designated Account but are subsequently returned unpaid because of uncollected or insufficient funds).

Appears in 1 contract

Samples: Canadian Security Agreement (Bombardier Recreational Products Inc.)

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Subordination of Lien; Waiver of Set-Off. In the event that the Bank has or subsequently obtains by agreement, operation of law or otherwise a security interest in any Designated Account, the Bank hereby agrees that such security interest shall be subordinate to that of the Secured Parties. The funds deposited into any Designated Account will not be subject to deduction, set-off, banker’s lien, or any other right in favor of any Person other than the Secured Parties (except that the Bank may set off (i) all amounts due to the Bank in respect of its customary fees and expenses for the routine maintenance and operation of the Designated Accounts, including overdraft fees, and (ii) the face amount of any checks cheques or other items which have been credited to any Designated Account but are subsequently returned unpaid because of uncollected or insufficient funds).

Appears in 1 contract

Samples: Canadian Security Agreement (BRP (Luxembourg) 4 S.a.r.l.)

Subordination of Lien; Waiver of Set-Off. In the event that the Bank has or subsequently obtains by agreement, by operation of law or otherwise a security interest in the Account or any Designated Accountfunds held therein, the Bank hereby agrees that such security interest shall be subordinate to that the security interest of the Secured PartiesParticipant. The funds and other items deposited into any Designated the Account will not be subject to deduction, set-off, banker’s lien, or any other right in favor of any Person person other than the Secured Parties Participant (except that the Bank may set off (i) all amounts due to the Bank in respect of its customary fees and expenses for the routine maintenance and operation of the Designated AccountsAccount (excluding fees payable pursuant to Section 11), including overdraft fees, and (ii) the face amount of any checks or other items which have been credited to any Designated the Account but are subsequently returned unpaid because of uncollected or insufficient funds, and (iii) other returned items or mistakes made in crediting the Account).

Appears in 1 contract

Samples: Participation and Servicing Agreement

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