Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 47 contracts
Sources: Credit Agreement (ADESTO TECHNOLOGIES Corp), Credit Agreement (Medley Management Inc.), Credit Agreement (Medley LLC)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower or Holdings against any of and all the obligations of the Borrower or Holdings now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 46 contracts
Sources: Senior Secured Priming and Superpriority Debtor in Possession Credit Agreement (Fairway Group Holdings Corp), Credit Agreement (Hawaiian Telcom Holdco, Inc.), Credit Agreement (Fairway Group Holdings Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 45 contracts
Sources: Credit Agreement (Hill-Rom Holdings, Inc.), Credit Agreement (Deluxe Corp), Credit Agreement (Hill-Rom Holdings, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 22 contracts
Sources: Credit Agreement (Intuit Inc), Credit Agreement (Intuit Inc), Credit Agreement (Dentsply International Inc /De/)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 19 contracts
Sources: Credit Agreement (Tapestry, Inc.), Credit Agreement (Stepan Co), Credit Agreement (EDGEWELL PERSONAL CARE Co)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 18 contracts
Sources: Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 9 contracts
Sources: Credit Facility Agreement (Janus Capital Group Inc), Five Year Competitive Advance and Revolving Credit Facility Agreement (Janus Capital Group Inc), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Kansas City Southern Industries Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower Borrowers against any of and all the obligations of the Borrower Borrowers now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 8 contracts
Sources: Revolving Credit Agreement (Gulfmark Offshore Inc), Credit Agreement (Gulfmark Offshore Inc), Revolving Credit Agreement (Maxxam Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower or any other Credit Party against any of and all the obligations of the Borrower or any other Credit Party now or hereafter existing under this Credit Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Credit Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 8 contracts
Sources: Senior Unsecured Bridge Credit Agreement (Medtronic Inc), Senior Unsecured Term Loan Credit Agreement (Medtronic Inc), Senior Unsecured Cash Bridge Credit Agreement (Medtronic Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 8 contracts
Sources: Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alon USA Energy, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 8 contracts
Sources: Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower Company against any of and all the obligations of the Borrower Obligations now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations Obligations may be unmatured. The rights of each Lender under this Section 9.06 9.09 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 8 contracts
Sources: Term Loan Agreement (Energy Transfer Partners, L.P.), Credit Agreement (Energy Transfer Partners, L.P.), Credit Agreement (Energy Transfer Partners, L.P.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 7 contracts
Sources: Credit Agreement (Tapestry, Inc.), Credit Agreement (Tapestry, Inc.), Credit Agreement (Newmarket Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Finance Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Finance Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 7 contracts
Sources: Term Loan Credit Agreement (CGG), Credit Agreement (CGG), Amendment and Restatement Agreement (CGG)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 7 contracts
Sources: Second Lien Credit Agreement (Atp Oil & Gas Corp), First Lien Credit Agreement (Atp Oil & Gas Corp), First Lien Credit Agreement (Atp Oil & Gas Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmaturedunmatured and shall notify the Administrative Agent promptly of any such setoff. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 7 contracts
Sources: Credit Agreement (NRG Energy, Inc.), Credit Agreement (NRG Energy, Inc.), Credit Agreement (NRG Energy, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower or any Subsidiary Guarantor against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 7 contracts
Sources: Credit Agreement (MATERION Corp), Credit Agreement (MATERION Corp), Credit Agreement (Wellcare Health Plans, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is the Bank and its Affiliates are hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by applicable law, to set set-off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by such Lender it to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing owing under this Agreement and other the Loan Documents held by such LenderDocuments, irrespective of whether or not such Lender it shall have made any demand under this Agreement or such other any Loan Document and although such obligations may be unmatured. The rights of each Lender the Bank under this Section 9.06 are in addition to other rights and remedies (including other rights of setoffset-off) which such Lender that it may have.
Appears in 7 contracts
Sources: Credit Agreement (Tortoise Energy Independence Fund, Inc.), Credit Agreement (Tortoise Power & Energy Infrastructure Fund Inc), Credit Agreement (Tortoise Energy Independence Fund, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all of the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 10.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 7 contracts
Sources: Credit Agreement (Diversified Energy Co PLC), Credit Agreement (Warner Music Group Corp.), Credit Agreement (Warner Music Group Corp.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by lawLaw, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and the other Loan Documents Papers held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 6 contracts
Sources: Credit Agreement (On Command Corp), Credit Agreement (Ascent Entertainment Group Inc), Credit Agreement (Ascent Entertainment Group Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender or an Affiliate of such Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender or an Affiliate of such Lender to or for the credit or the account of the Borrower or Parent against any of and all the obligations of the Borrower or Parent now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not provided that at such Lender shall have made any demand under this Agreement or such other Loan Document and although time such obligations may be unmaturedare due or payable. The rights of each Lender and Affiliates of such Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender or an Affiliate of such Lender may have.
Appears in 6 contracts
Sources: Fourth Amendment and Restatement Agreement (Community Health Systems Inc), Credit Agreement (Community Health Systems Inc), Credit Agreement (Community Health Systems Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the any Borrower or Holdings against any of and all the obligations of the Borrower Borrowers or Holdings now or hereafter existing under this Agreement and other Loan Documents (to the extent such obligations of Holdings or the Borrowers are then due and payable (by acceleration or otherwise)) held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 6 contracts
Sources: Credit Agreement (Cbre Group, Inc.), Amendment and Restatement Agreement (Cbre Group, Inc.), Credit Agreement (Cb Richard Ellis Group Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower or Holdings against any of and all the obligations of the Borrower or Holdings now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 9.6 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 5 contracts
Sources: Credit Agreement (Daramic, LLC), Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore International, Inc.)
Right of Setoff. If an Event of Default with respect to a Borrower shall have occurred and be continuing, each Lender is the Bank and its Affiliates are hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by applicable law, to set set-off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by such Lender it to or for the credit or the account of the such Borrower against any of and all the obligations of the such Borrower now or hereafter existing owing under this Agreement and other the Loan Documents held by such Lenderit, irrespective of whether or not such Lender it shall have made any demand under this Agreement or such other any Loan Document and although such obligations may be unmatured. The rights of each Lender the Bank under this Section 9.06 are in addition to other rights and remedies (including other rights of setoffset-off) which such Lender that it may have.
Appears in 5 contracts
Sources: Credit Agreement (Investment Managers Series Trust), Credit Agreement (Investment Managers Series Trust), Credit Agreement (Investment Managers Series Trust)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower Borrowers or Holdings against any of and all the obligations of the Borrower Borrowers or Holdings now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 5 contracts
Sources: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.), First Amendment and Restatement Agreement (Spectrum Brands, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender (other than a Defaulting Lender) is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower Borrowers or Holdings against any of and all the obligations of the Borrower Borrowers or Holdings now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 5 contracts
Sources: Credit Agreement (Lindblad Expeditions Holdings, Inc.), Credit Agreement (Lindblad Expeditions Holdings, Inc.), Credit Agreement (Lindblad Expeditions Holdings, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower against any of and all the obligations of the such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 5 contracts
Sources: Credit Agreement (Bruker Corp), Credit Agreement (Bruker Corp), Credit Agreement (Forest Laboratories Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the either Borrower against any of and all the obligations of the Borrower Obligations now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations Obligations may be unmatured. The rights of each Lender under this Section 9.06 10.09 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Sources: Credit Agreement (Kinder Morgan Energy Partners L P), Credit Agreement (Kinder Morgan Energy Partners L P), Credit Agreement (Kinder Morgan Energy Partners L P)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness Indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower any Guarantor against any of and or all the obligations of the Borrower such Guarantor now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender Person shall have made any demand under this Agreement or such any other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 20 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Sources: Credit Agreement (FRP Holdings, Inc.), Credit Agreement (Patriot Transportation Holding, Inc.), Credit Agreement (New Patriot Transportation Holding, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the applicable Borrower against any of and all the obligations of the such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Sources: Credit Agreement (Popular Inc), 364 Day Credit Agreement (Popular Inc), 364 Day Credit Agreement (Popular Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower any Loan Party against any of and all the obligations of the Borrower any Loan Party now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Sources: Specified Refinancing Amendment, Incremental Amendment and Administrative Agency Transfer Agreement (Pactiv Evergreen Inc.), Fourth Amended and Restated Agreement (Pactiv Evergreen Inc.), Credit Agreement (Reynolds Group Holdings LTD)
Right of Setoff. If an Event one or more Events of Default shall have occurred and be continuing, each Lender is hereby authorized at shall have the right, in addition to and not in limitation of any time and from time to time, except to the extent prohibited by lawright which any such Lender may have under applicable law or otherwise, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by such Lender or its Affiliates to or for the credit or the account of any of the Borrower Borrowers against any of and all the obligations of any of the Borrower Borrowers now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 9.08 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Sources: Credit Agreement (Systemax Inc), Credit Agreement (Systemax Inc), Credit Agreement (Great Atlantic & Pacific Tea Co Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is are hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness Indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower any Guarantor against any of and or all the obligations of the Borrower such Guarantor now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender Person shall have made any demand under this Agreement or such any other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 20 are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 4 contracts
Sources: Bridge Loan Agreement (Kaneb Services LLC), Revolving Credit Agreement (Kaneb Pipe Line Partners L P), Subsidiary Guarantee Agreement (Kaneb Pipe Line Partners L P)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of Holdings or the Borrower against any of and all the obligations of Holdings or the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Sources: Credit Agreement (True Temper Sports PRC Holdings Inc), Credit Agreement (True Temper Sports Inc), Credit Agreement (Skillsoft Public Limited Co)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender or its Affiliates to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured; provided that any Lender exercising such right of setoff shall promptly notify the Administrative Agent thereof. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Sources: Incremental Loan Assumption Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the any Borrower against any of and all the obligations of the such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 4 contracts
Sources: Credit Agreement (Terex Corp), Amendment Agreement (Terex Corp), Credit Agreement (Terex Corp)
Right of Setoff. If The Guarantor hereby agrees that if an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower Guarantor against any of and all the obligations of the Borrower Guarantor now or hereafter existing under this Agreement and or any other Loan Documents Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 4 contracts
Sources: Company Guarantee Agreement (Drew Industries Inc), Company Guarantee Agreement (Drew Industries Inc), Company Guarantee Agreement (Drew Industries Incorporated)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness Indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower to whom it has made Loans against any of and all the obligations of the such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Oil States International Inc), Credit Agreement (Oil States International Inc), Credit Agreement (Oil States International Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each continuing Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Birner Dental Management Services Inc), Credit Agreement (Birner Dental Management Services Inc), Credit Agreement (Colorado Medtech Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness Indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower any Guarantor against any of and or all the obligations of the Borrower such Guarantor now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender Person shall have made any demand under this Agreement or such any other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 22 are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 3 contracts
Sources: Subsidiary Guaranty Agreement (Easylink Services International Corp), Subsidiary Guaranty Agreement (Easylink Services International Corp), Revolving Credit Agreement (Priority Healthcare Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Credit Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Credit Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Cross Country Inc), Credit Agreement (Cross Country Healthcare Inc), Credit Agreement (Century Maintenance Supply Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender (and any of its Affiliates) is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender (or any of its Affiliates) to or for the credit or the account of the any Borrower against any of and all the obligations of the such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Harsco Corp), 364 Day Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured; provided that any Lender exercising such right of setoff shall promptly notify the Administrative Agent thereof. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.this
Appears in 3 contracts
Sources: Credit Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower or Citadel against any of and all the obligations of the Borrower or Citadel now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Citadel Communications Corp), Credit Agreement (Citadel Communications Corp), Credit Agreement (Citadel Communications Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any Subsidiary Guarantor against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Priceline Com Inc), Credit Agreement (Innerworkings Inc), Credit Agreement (Adc Telecommunications Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent not prohibited by applicable law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the either Borrower against any of and all the obligations of the Borrower Obligations now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 10.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the any Borrower or Holdings against any of and all the obligations of the any Borrower or Holdings now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.), Superpriority Senior Secured Debtor in Possession and Exit Revolving Credit Agreement (HMH Holdings (Delaware), Inc.), Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 10.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Terex Corp), Credit Agreement (Ispat Inland Inc), Tranche C Credit Agreement (Terex Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any that time and from time to timetime thereafter while such Event of Default is subsisting, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of Holdings or the Borrower against any of and all the obligations of Holdings or the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmaturedDocument. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Senior Secured Debtor in Possession Credit Agreement (JMBS Casino LLC), Credit Agreement (St Louis Riverboat Entertainment Inc), Credit Agreement (St Louis Riverboat Entertainment Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower or any Subsidiary against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and or any other Loan Documents Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such the obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 3 contracts
Sources: Term Loan Credit Agreement (Claires Stores Inc), Credit Agreement (Claires Stores Inc), Term Loan Credit Agreement (Claires Stores Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness Indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower any Guarantor against any of and or all the obligations of the Borrower such Guarantor now or hereafter existing under this Guarantee Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Guarantee Agreement or such any other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 19 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the any Borrower against any of and all the obligations of the such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such LenderAgreement, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Sothebys Holdings Inc), Credit Agreement (Sothebys Holdings Inc), Credit Agreement (Sothebys Holdings Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by such Lender or any such Affiliate to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower Loan Parties now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmaturedunmatured or are owed to a branch or office of such Lender different from the branch or office holding such deposit or obligation. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Term Loan Agreement (Tyson Foods, Inc.), Term Loan Agreement (Tyson Foods, Inc.), 364 Day Term Loan Agreement (Tyson Foods Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured; provided that any Lender exercising such right of setoff shall promptly notify the Administrative Agent thereof. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all of the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, the Lender and each Lender of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or such Loan Guarantor against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Material Sciences Corp), Credit Agreement (Macquarie CNL Global Income Trust, Inc.), Credit Agreement (Material Sciences Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the any Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Obligations held by such Lender▇▇▇▇▇▇, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Tapestry, Inc.), Credit Agreement (Tapestry, Inc.), Credit Agreement (Tapestry, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Company, any other Borrower or any Subsidiary Guarantor against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Cimpress N.V.), Credit Agreement (Cimpress N.V.), Credit Agreement (Cimpress N.V.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness Indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower any Guarantor against any of and or all the obligations of the Borrower such Guarantor now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such any other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 3.14 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 3 contracts
Sources: Credit Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all of the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by 1003651351v23 such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 10.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Warner Music Group Corp.), Credit Agreement (Warner Music Group Corp.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower Borrower, Holdings or Polo Holdings against any of and all the obligations of the Borrower Borrower, Holdings or Polo Holdings now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Sunterra Corp), First Lien Credit Agreement (Sunterra Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have. Promptly after making such set off and application, such Lender shall give notice to the Borrower thereof.
Appears in 2 contracts
Sources: Senior Secured Term Loan Agreement (McDermott International Inc), Senior Secured Term Loan Agreement (McDermott International Inc)
Right of Setoff. If an Event of Default under Section 7.01(a) or 7.01(b) shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal but not trust accounts) at any time held and other indebtedness obligations at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower Borrowers now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although to the extent such obligations may be unmaturedof the Borrowers are then due and payable. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have, but are the sole rights of setoff or similar that the Lenders have under the Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)
Right of Setoff. If Subject to Section 2.18, if an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.. SECTION
Appears in 2 contracts
Sources: Credit Agreement (Oak Industries Inc), Credit Agreement (Oak Industries Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender (other than a Defaulting Lender) is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower or Holdings against any of and all the obligations of the Borrower or Holdings now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Lindblad Expeditions Holdings, Inc.), Revolving Credit Agreement (Lindblad Expeditions Holdings, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness Indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower Guarantor against any of and or all the obligations of the Borrower Guarantor now or hereafter existing under this Guarantee Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Guarantee Agreement or such any other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 19 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower Borrowers against any of and all the obligations of the Borrower Borrowers now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmaturedunmatured and shall notify the Administrative Agent promptly of any such setoff. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (NRG Energy, Inc.), Credit Agreement (NRG Energy, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such the other Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (GoPro, Inc.), Credit Agreement (Actuate Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of Holdings or the Borrower against any of and all the obligations of Holdings or the Borrower now or hereafter existing under this Agreement and or any other Loan Documents Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such the obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 2 contracts
Sources: Term Loan Credit Agreement, Term Loan Credit Agreement (Claires Stores Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness Indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower any Guarantor against any of and or all the obligations of the Borrower such Guarantor now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender Person shall have made any demand under this Agreement or such any other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 20 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Patriot Transportation Holding Inc), Guaranty Agreement (Allete Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each the Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such the Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such LenderDocuments, irrespective of whether or not such the Lender shall have made any demand under this Agreement or such other Loan Document Documents and although such obligations may be unmatured. The rights of each the Lender under this Section 9.06 9.16 are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 2 contracts
Sources: Loan and Security Agreement (Dryclean Usa Inc), Loan and Security Agreement (Metro Tel Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each the Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such the Lender to or for the credit or the account of the Borrower any Loan Party against any of and all the obligations of the Borrower Loan Parties now or hereafter existing under this Agreement and other Loan Documents held by such the Lender, irrespective of whether or not such the Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each the Lender under this Section 9.06 10.6 are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 2 contracts
Sources: Loan Agreement (TripAdvisor, Inc.), Loan Agreement (Liberty TripAdvisor Holdings, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, the Lender and each Lender of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by the Lender or such Lender Affiliate to or for the credit or the account of the Borrower Borrowers or any Loan Guarantor against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Secured Obligations held by such the Lender, irrespective of whether or not such the Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each the Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Compressco Partners, L.P.), Credit Agreement (Compressco Partners, L.P.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender or any affiliate of a Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender or any affiliate of a Lender to or for the credit or the account of the Borrower any Borrowers against any of and all the obligations of the Borrower Borrowers now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender and its affiliate under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Activision Inc /Ny), Credit Agreement (Activision Inc /Ny)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness or obligations at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Ryder TRS Inc), Credit Agreement (Ryder TRS Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness Indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower any Guarantor against any of and or all the obligations of the Borrower such Guarantor now or hereafter existing under this Agreement and the other Loan Credit Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such any other Loan Credit Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 21 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Five Year Credit Agreement (American Standard Companies Inc), 364 Day Credit Agreement (American Standard Companies Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents SecuredLoan Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document the Financing Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Cleco Power LLC), Term Loan Credit Agreement (Cleco Power LLC)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender (and any of its Affiliates that have made Loans as provided in Section 2.02(b)) is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender (or such Affiliates) to or for the credit or the account of the any Borrower against any of and all the obligations of the such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Harsco Corp), Five Year Credit Agreement (Harsco Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal and in whatever currency denominated) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or any other Loan Party against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents Obligations held by such LenderL▇▇▇▇▇, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Revolving Credit Agreement (BKV Corp), Credit Agreement (BKV Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower Borrowers or Holdings against any of and all the obligations of the Borrower Borrowers or Holdings now or hereafter existing under this Agreement and other Loan Credit Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Credit Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the any Borrower against any of and all the obligations of the such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, 94 88 irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Harsco Corp), Five Year Credit Agreement (Harsco Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower Borrowers against any of and all the obligations of the Borrower Borrowers now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Corel Corp), Credit Agreement (Corel Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower or Holdings against any of and all the obligations of the Borrower or Holdings now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: First Lien Credit Agreement (Forest Oil Corp), Second Lien Credit Agreement (Forest Oil Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each the Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such the Lender to or for the credit or the account of the Borrower Borrowers against any of and all the obligations of the any Borrower now or hereafter existing under this Agreement and other Loan Documents held by such the Lender, irrespective of whether or not such the Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each the Lender under this Section 9.06 9.8 are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 2 contracts
Sources: Loan and Security Agreement (Zoo Entertainment, Inc), Loan and Security Agreement (Zoo Entertainment, Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower or Holdings against any of and all the obligations of the Borrower or Holdings now or hereafter existing under this Agreement and other the Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other the Loan Document Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Common Agreement (At&t Latin America Corp), Common Agreement (At&t Latin America Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the any Borrower against any of and all the obligations of the such Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Harsco Corp), 364 Day Credit Agreement (Harsco Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender or such Affiliate to or for the credit or the account of the any Borrower against any of and all the obligations of the any Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Thermadyne Holdings Corp /De), Second Lien Credit Agreement (Thermadyne Holdings Corp /De)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general 97 or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower or Holdings against any of and all the obligations of the Borrower or Holdings now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Amis Holdings Inc), Credit Agreement (Amis Holdings Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and the other Loan Credit Documents which are held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such any of the other Loan Document Credit Documents and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Wright Express CORP), Credit Agreement (Wright Express CORP)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or finalfinal except deposits for the payment of payroll taxes) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower any Credit Party against any of and all the obligations of the Borrower such person now or hereafter existing under this Amended Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Amended Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (United Surgical Partners International Inc), Credit Agreement (United Surgical Partners International Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness Indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower any Guarantor against any of and or all the obligations of the Borrower such Guarantor now or hereafter existing under this Agreement and Agreement, the other Loan Documents and the Hedging Documents held by such Lender, irrespective of whether or not such Lender Person shall have made any demand under this Agreement or such Agreement, any other Loan Document or any Hedging Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 22 are in addition to other rights and remedies (including other rights of setoff) which that such Lender may have.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Heico Corp), Revolving Credit Agreement (Heico Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and or any other Loan Documents Document held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Effectiveness Agreement (Ucar International Inc), Credit Agreement (Res Acquisition Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each the Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such the Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such the Lender, irrespective of whether or not such the Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each the Lender under this Section 9.06 9.05 are in addition to other rights and remedies (including other rights of setoff) which such the Lender may have.
Appears in 2 contracts
Sources: Loan Agreement (Thoratec Corp), Loan Agreement (HeartWare International, Inc.)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 9.6 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (Knoll Inc), Credit Agreement (Knoll Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Parity Debt Credit Agreement (Star Gas Partners Lp), Credit Agreement (Star Gas Partners Lp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness obligations at any time owing by such Lender or Affiliate to or for the credit or the account of the Borrower any Guarantor against any of and or all the obligations Obligations of the Borrower such Guarantor now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Guarantee Agreement or such any other Loan Document and although such obligations Obligations may be unmatured. The rights of each Lender under this Section 9.06 19 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Guarantee Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by lawLaw, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower or any other Obligor against any of and all the obligations of the Borrower or any other Obligor now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such any other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 9.6 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (On Command Corp), Credit Agreement (On Command Corp)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent not prohibited by applicable law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the either Borrower against any of and all the obligations of the Borrower Obligations now or hereafter existing under this Agreement and the other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 11.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the fullest extent prohibited permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 2 contracts
Sources: Loan Agreement (Choice Hotels Holdings Inc), Loan Agreement (Choice Hotels Holdings Inc)
Right of Setoff. If an Event of Default shall have occurred and be continuing, each Lender is hereby authorized at any time and from time to time, except to the extent prohibited by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any time owing by such Lender to or for the credit or the account of the Borrower against any of and all the obligations of the Borrower now or hereafter existing under this Agreement and other Loan Financing Documents held by such Lender, irrespective of whether or not such Lender shall have made any demand under this Agreement or such other Loan Financing Document and although such obligations may be unmatured. The rights of each Lender under this Section 9.06 10.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Appears in 1 contract