Common use of Adjustments; Setoff Clause in Contracts

Adjustments; Setoff. Notwithstanding Section 8.9(b), 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 Borrower against any of and all the obligations of 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 9.6 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.

Appears in 1 contract

Sources: Second Lien Term Loan Agreement (Penhall International Corp)

Adjustments; Setoff. Notwithstanding Section 8.9(b8.09(b), 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 Borrower the Borrowers against any of and all the obligations of Borrower the 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 9.6 10.06 are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.

Appears in 1 contract

Sources: Term Loan Agreement (GPAQ Acquisition Holdings, Inc.)