Common use of Benefit of Setoff Clause in Contracts

Benefit of Setoff. The Company agrees that each Participant shall be deemed to have the right of setoff provided in Section 10.10 in respect of its participating interest in amounts owing under the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it as a Bank under the Loan Documents; provided that each Bank shall retain the right of setoff provided in Section 10.10 with respect to the amount of participating interests sold to each Participant. The Banks agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 10.10, agrees to share with each Bank, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 10.10 as if each Participant were a Bank.

Appears in 6 contracts

Samples: Credit Agreement (Mdu Resources Group Inc), Assignment Agreement (Mdu Resources Group Inc), Credit Agreement (Mdu Resources Group Inc)

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Benefit of Setoff. The Company agrees that each Participant shall be deemed to have the right of setoff provided in Section 10.10 11.1 in respect of its participating interest in amounts owing under the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it as a Bank under the Loan Documents; , provided that each Bank shall retain the right of setoff provided in Section 10.10 11.1 with respect to the amount of participating interests sold to each Participant. The Banks agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 10.1011.1, agrees to share with each Bank, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 10.10 11.2 as if each Participant were a Bank.

Appears in 6 contracts

Samples: Credit Agreement (Midamerican Funding LLC), Credit Agreement (Midamerican Funding LLC), Assignment Agreement (Stepan Co)

Benefit of Setoff. The Company agrees that each Participant shall be deemed to have the right of setoff provided in Section 10.10 7.8 in respect of its participating interest in amounts owing under this Agreement and the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it such Participant as a Bank under this Agreement and the Loan Documents; provided provided, however, that each Bank shall retain the right of setoff provided in Section 10.10 7.8 with respect to the amount of participating interests sold to each Participant. The Banks agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 10.107.8, agrees to share with each Bank, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 10.10 7.9 as if each Participant were a Bank.

Appears in 2 contracts

Samples: Loan Agreement (Metatec International Inc), Loan Agreement (Metatec International Inc)

Benefit of Setoff. The Company agrees Borrowers each agree that each Participant shall be deemed to have the right of setoff provided in Section 10.10 12.1 in respect of its participating interest in amounts owing under the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it as a Bank under the Loan Documents; , provided that each Bank shall retain the right of setoff provided in Section 10.10 12.1 with respect to the amount of participating interests sold to each Participant. The Banks agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 10.1012.1, agrees to share with each Bank, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 10.10 12.2 as if each Participant were a Bank. 13.3.

Appears in 1 contract

Samples: Assignment Agreement (Nike Inc)

Benefit of Setoff. The Company agrees that each Participant shall be deemed to have the right of setoff provided in Section 10.10 9.14 in respect of its participating interest in amounts owing under the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it as a Bank Lender under the Loan Documents; , provided that each Bank Lender shall retain the right of setoff provided in Section 10.10 9.14 with respect to the amount of participating interests sold to each Participant. The Banks Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 10.109.14, agrees to share with each BankLender, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 10.10 9.14 as if each Participant were a BankLender.

Appears in 1 contract

Samples: Credit Agreement (Meritor Automotive Inc)

Benefit of Setoff. The Company agrees that each Participant ----------------- shall be deemed to have the right of setoff provided in Section 10.10 11.1 in respect of its participating interest in amounts owing under the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it as a Bank under the Loan Documents; , provided that each Bank shall retain the right of setoff provided in Section 10.10 11.1 with respect to the amount of participating interests sold to each Participant. The Banks agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 10.1011.1, agrees to share with each Bank, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 10.10 11.2 as if each Participant were a Bank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stepan Co)

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Benefit of Setoff. The Company agrees that each Participant shall be deemed to have the right of setoff provided in Section 10.10 11.1 in respect of its participating interest in amounts owing under the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it as a Bank Lender under the Loan Documents; , provided that each Bank Lender shall retain the right of setoff provided in Section 10.10 11.1 with respect to the amount of participating interests sold to each Participant. The Banks Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 10.1011.1, agrees to share with each BankLender, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 10.10 12.2 as if each Participant were a BankLender.

Appears in 1 contract

Samples: Credit Agreement (Lafarge Corp)

Benefit of Setoff. The Company agrees that each Participant shall be deemed to have the right of setoff provided in Section 10.10 11.1 in respect of its participating interest in amounts owing under the Loan Credit Documents to the same extent as if the amount of its participating interest were owing directly to it as a Bank Lender under the Loan Credit Documents; provided that each Bank Lender shall retain the right of setoff provided in Section 10.10 11.1 with respect to the amount of participating interests sold to each Participant. The Banks Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 10.1011.1, agrees to share with each BankLender, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 10.10 11.2 as if each Participant were a BankLender.

Appears in 1 contract

Samples: Credit Agreement (Zeigler Coal Holding Co)

Benefit of Setoff. The Company agrees that each Participant shall be deemed to have the right of setoff provided in Section 10.10 7.8 in respect of its participating interest in amounts owing under this Agreement and the Loan Documents to the same extent as if the amount of its participating interest were owing directly to it such Participant as a Bank under this Agreement and the Loan Documents; provided provided, however, that each Bank shall retain the right of setoff provided in Section 10.10 7.8 with respect to the amount of participating interests sold to each Participant. The Banks agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 10.107.8, agrees to share with each Bank, any amount received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 10.10 as if each Participant were a Bank.right

Appears in 1 contract

Samples: Loan Agreement (Metatec Corp)

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