Common use of Waiver of Setoff Clause in Contracts

Waiver of Setoff. (a) Each of the parties hereto (other than any one of the Purchasers) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against such Purchaser or its assets. (b) Each of the parties hereto (other than any one of the Additional Purchasers) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against such Additional Purchaser or its assets.

Appears in 9 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

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Waiver of Setoff. (a) Each of the parties hereto hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against any Conduit Purchaser or its assets. (b) Each of the parties hereto (other than any one of the additional Purchasers) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against such additional Purchaser or its assets. (b) Each of the parties hereto (other than any one of the Additional Purchasers) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against such Additional Purchaser or its assets.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)

Waiver of Setoff. (a) Each of the parties hereto (other than any one of the PurchasersVFCC) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against such Purchaser VFCC or its assets. (b) Each of the parties hereto (other than any one of the Additional Purchasers) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against such Additional Purchaser or its assets.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Waiver of Setoff. (a) Each of the parties hereto (other than any one of the PurchasersPurchaser) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement or under Applicable Law from time to time against such Purchaser or its assetsthe Purchaser, the Purchased Assets and other Purchased Items, the Mortgage Asset Files, the Mortgage Loan Documents and the Purchaser’s assets and Properties. (b) Each of the parties hereto (other than any one of the Additional Purchasers) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against such Additional Purchaser or its assets.

Appears in 1 contract

Samples: Custodial Agreement (Municipal Mortgage & Equity LLC)

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Waiver of Setoff. (a) Each of the parties hereto (other than VFCC) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against VFCC or its assets. (b) Each of the parties hereto (other than any one of the additional Purchasers) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against such additional Purchaser or its assets. (b) Each of the parties hereto (other than any one of the Additional Purchasers) hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against such Additional Purchaser or its assets.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

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