Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
Appears in 3 contracts
Samples: Asset Sale and Purchase Agreement (Daisytek International Corporation /De/), Stock Purchase Agreement (Daisytek International Corporation /De/), Asset Sale and Purchase Agreement (Daisytek International Corporation /De/)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights rights, arising at law or otherwise, to offset that it may have against the Escrowed Property and Interest, if any, Escrow Funds including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages, or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Escrow Agreement, other than Escrow Agent Claims arising under . [The remainder of this Agreement.page is intentionally left blank]
Appears in 3 contracts
Samples: Supplemental Agreement, Supplemental Agreement (Johns Manville Corp /New/), Supplemental Agreement (Johns Manville Corp /New/)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Escrow Funds including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages, or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreementeither of the Parties.
Appears in 2 contracts
Samples: Escrow Agreement (USRG Management Company, LLC), Escrow Agreement (Darling International Inc)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Funds including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages, or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Refco Inc.), Escrow Agreement (Refco Global Capital Management LLC)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Escrow Funds including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Polaroid Holding Co), Escrow Agreement (Polaroid Holding Co)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Letter of Credit including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages, or other losses (collectively, "Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Escrow Agreement, other than Escrow Agent Claims arising under this Escrow Agreement. [The remainder of this page is intentionally left blank.]
Appears in 2 contracts
Samples: Deposit Escrow Agreement (STC Broadcasting Inc), Deposit Escrow Agreement (STC Broadcasting Inc)
Waiver of Offset Rights. The Except as set forth in the last sentence of Section 11 hereof, Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Deposit including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages, or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
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Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Letter of Credit including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages, or other losses (collectively, "Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Escrow Agreement, other than Escrow Agent Claims arising under this Escrow Agreement. [The remainder of this page is intentionally left blank.]
Appears in 1 contract
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Escrow Property and Interest, if any, including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages, or other losses (collectively "Escrow Agent Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this AgreementAgreement or any Atrium Indemnitor, other than Escrow Agent Claims arising under this Agreement.
Appears in 1 contract
Samples: Atrium Indemnification Escrow Agreement (H R Window Supply Inc)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Funds including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, indemnified costs, or other losses ("collectively “Escrow Agent Claims"”) that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
Appears in 1 contract
Samples: Escrow Agreement (Global Employment Holdings, Inc.)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, Buyer Indemnified Costs, or other losses (collectively "ClaimsESCROW AGENT CLAIMS") that the Escrow Agent may be otherwise entitled to collect from any party to this AgreementAgreement or any Indemnitee, other than Escrow Agent Claims arising under this Agreement.
Appears in 1 contract
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Escrow Funds including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages, or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (NextWave Wireless LLC)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Escrow Amount including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses or other losses ("collectively “Escrow Agent Claims"”) that the Escrow Agent may be otherwise entitled to collect from any party Party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (SMART Global Holdings, Inc.)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Escrow Fund including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damage or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
Appears in 1 contract
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Letter of Credit including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages, or other losses (collectively, "Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Escrow Agreement, other than Escrow Agent Claims arising under this Escrow Agreement.
Appears in 1 contract
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Escrow Funds including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Escrow Agreement, other than Escrow Agent Claims arising under this Agreementexcept as expressly set forth in Section 3.4 hereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (Iteq Inc)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Escrow Property and Interest, if any, including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages, or other losses (collectively "Escrow Agent Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this AgreementAgreement or any Bishxx Xxxemnitor, other than Escrow Agent Claims arising under this Agreement.. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]
Appears in 1 contract
Samples: Bishop Indemnification Escrow Agreement (H R Window Supply Inc)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Escrow Fund or the Expense Fund including, without limitation, claims arising as a result of any claims, amounts, losses, liabilities, costs, costs or expenses or other losses (collectively "Escrow Agent Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Bio Technology General Corp)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Escrow Fund including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Glimcher Realty Trust)
Waiver of Offset Rights. The Escrow Agent hereby waives any and all rights to offset that it may have against the Escrowed Property and Interest, if any, Escrow Fund including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses expenses, damages or other losses ("Claims") that the Escrow Agent may be otherwise entitled to collect from any party to this Agreement, other than Escrow Agent Claims arising under this Agreement.. [Signature pages follow] 11
Appears in 1 contract
