Common use of Waiver of Setoffs Clause in Contracts

Waiver of Setoffs. The Intermediary hereby expressly waives any and all rights of set-off that such party may otherwise at any time have under applicable law with respect to any Account; except that the Intermediary may set off (i) any payments made by check, wire transfer, ACH or otherwise that have been credited to any Account but are subsequently returned unpaid because of uncollected or insufficient funds, (ii) reversals or cancellations of payment orders and (iii) all amounts due to it in respect of reasonable fees and expenses for routine maintenance and operation of the Accounts.

Appears in 7 contracts

Sources: Indenture and Security Agreement (Ares Capital Corp), Indenture and Security Agreement (Ares Strategic Income Fund), Indenture and Security Agreement (Ares Strategic Income Fund)