Common use of UCC and Offset Rights Clause in Contracts

UCC and Offset Rights. From and after an Event of Default, the Lender --------------------- may exercise, from time to time, any and all rights and remedies available to it under the UCC or under any other applicable law in addition to, and not in lieu of, any rights and remedies expressly granted in this Agreement or in any other agreements between any Borrower and the Lender, and may, without demand or notice of any kind, appropriate and apply toward the payment of such of the Obligations, whether matured or unmatured, including costs of collection and attorneys' and paralegals' fees, and in such order of application as the Lender may, from time to time, elect, any indebtedness of the Lender to any Borrower, however created or arising, including, but not limited to, balances, credits, deposits, accounts or moneys of such Obligor in the possession, control or custody of, or in transit to the Lender. The Borrowers, on behalf of themselves and each Obligor, hereby waive the benefit of any law that would otherwise restrict or limit the Lender in the exercise of its right, which is hereby acknowledged, to appropriate at any time hereafter any such indebtedness owing from the Lender to any Obligor.

UCC and Offset Rights. From Upon the occurrence and after during the continuance of an Event of Default, the Lender --------------------- Bank may exercise, from time to time, any and all rights and remedies available to it under the UCC or under any other applicable law in addition to, and not in lieu of, any rights and remedies expressly granted in this Agreement or in any other agreements between any Borrower Obligor and the LenderBank, and may, without demand or notice of any kind, appropriate and apply toward the payment of such of the Obligations, whether matured or unmatured, including costs of collection and reasonable attorneys' ’ and paralegals' ’ fees, and in such order of application as the Lender Bank may, from time to time, elect, any indebtedness of the Lender Bank to any BorrowerObligor, however created or arising, including, but not limited to, balances, credits, deposits, accounts or moneys of such Obligor in the possession, control or custody of, or in transit to the LenderBank. The BorrowersBorrower, on behalf of themselves itself and each Obligor, hereby waive waives the benefit of any law that would otherwise restrict or limit the Lender Bank in the exercise of its right, which is hereby acknowledged, to appropriate at any time hereafter any such indebtedness owing from the Lender Bank to any Obligor.

UCC and Offset Rights. From and after an Event of Default, the Lender --------------------- The Bank may exercise, from time to time, and subject to the Third Amended and Restated Intercreditor Agreement, any and all rights and remedies available to it under the UCC or under any other applicable law in addition to, and not in lieu of, any rights and remedies expressly granted in this Security Agreement or in any other agreements between any Borrower Obligor and the LenderBank, and may, without demand or notice of any kind, appropriate and apply toward the payment of such of the ObligationsObligations then due and owing, whether matured or unmatured, including costs of collection and reasonable attorneys' ’ and paralegals' ’ fees, and in such order of application as the Lender Bank may, from time to time, time elect, any indebtedness of the Lender Bank to any BorrowerObligor, however created or arising, including, but not limited to, including balances, credits, deposits, accounts or moneys of such Obligor in the possession, control or custody of, or in transit to the LenderBank. The BorrowersDebtor, on behalf of themselves itself and each Obligor, hereby waive waives the benefit of any law that would otherwise restrict or limit the Lender Bank in the exercise of its right, which is hereby acknowledged, to appropriate at any time hereafter any such indebtedness owing from the Lender Bank to any Obligor.

UCC and Offset Rights. From and after Upon the occurrence of an Event of Default, the Lender --------------------- Bank may exercise, from time to time, any and all rights and remedies available to it under the UCC or under any other applicable law in addition to, and not in lieu of, any rights and remedies expressly granted in this Agreement or in any other agreements between any Borrower Obligor and the LenderBank, and may, without demand or notice of any kind, appropriate and apply toward the payment of such of the Obligations, whether matured or unmatured, including costs of collection and attorneys' ’ and paralegals' ’ fees, and in such order of application as the Lender Bank may, from time to time, elect, any indebtedness of the Lender Bank to any BorrowerObligor, however created or arising, including, but not limited to, balances, credits, deposits, accounts or moneys of such Obligor in the possession, control or custody of, or in transit to the LenderBank. The Borrowers, on behalf of themselves and each Obligor, hereby waive the benefit of any law that would otherwise restrict or limit the Lender Bank in the exercise of its right, which is hereby acknowledged, to appropriate at any time hereafter any such indebtedness owing from the Lender Bank to any Obligor.