Common use of Benefit of Setoff Clause in Contracts

Benefit of Setoff. The Borrower agrees that ----------------- each Participant shall be deemed to have the right of setoff provided in Section 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 Lender under the Loan Documents; provided, that each Lender -------- shall retain the right of setoff provided in Section 11.1 with ------------ respect to the amount of participating interests sold to each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, agrees to share with each Lender, any amount ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 as if each ------------ Participant were a Lender. 12.3.

Appears in 1 contract

Samples: Credit Agreement (Alleghany Corp /De)

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Benefit of Setoff. The Borrower agrees that each ----------------- each Participant shall be deemed to have the right of setoff provided in Section 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 Lender under the Loan Documents; provided, provided that each Lender -------- shall retain the right of setoff provided in -------- Section 11.1 with ------------ respect to the amount of participating interests sold to each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, agrees to share with each Lender, any amount ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 as if each ------------ Participant were a Lender. 12.3.

Appears in 1 contract

Samples: Credit Agreement (Depuy Inc)

Benefit of Setoff. The Borrower agrees that ----------------- each Participant ----------------- shall be deemed to have the right of setoff provided in Section 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 Lender under the Loan Documents; provided, Documents (it being understood that each no Lender -------- shall retain the right of setoff provided in Section 11.1 with ------------ respect to the ------------ amount of participating interests sold to each Participant). The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, agrees to share with each Lender, any amount ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 as if each ------------ Participant were a Lender. 12.3.------------

Appears in 1 contract

Samples: Revolving Credit Agreement (Mead Corp)

Benefit of Setoff. The Borrower agrees that ----------------- each Participant ----------------- shall be deemed to have the right of setoff provided in Section 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 Lender under the Loan Documents; provided, that each Lender shall -------- shall retain the right of setoff provided in Section 11.1 with ------------ respect to the amount ------------ of participating interests sold to each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, ------------ agrees to share with each Lender, any amount ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section ------- 11.2 as if each ------------ Participant were a Lender. 12.3.----

Appears in 1 contract

Samples: Credit Agreement (Corporate Express Inc)

Benefit of Setoff. The Borrower agrees that each ----------------- each Participant shall be deemed to have the right of setoff provided in Section 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 Lender under the Loan Documents; provided, that each -------- Lender -------- shall retain the right of setoff provided in Section 11.1 with ------------ respect to ------------ the amount of participating interests sold to each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, agrees to share with each Lender, any ------------ amount ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 as if each ------------ Participant were a Lender. ------------ 12.3.

Appears in 1 contract

Samples: Credit Agreement (Fund American Enterprises Holdings Inc)

Benefit of Setoff. The Borrower agrees that each ----------------- each Participant shall be deemed to have the right of setoff provided in Section 11.1 ------- 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 Lender under the Loan Documents; provided, provided that each Lender -------- shall retain the right of setoff provided in Section 11.1 12.1 with ------------ respect to the amount of participating interests sold to ------------ each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1------- 12.1, agrees to share with each Lender, any amount ------------ received pursuant to the ---- exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 12.2 as if each ------------ Participant were a Lender. 12.3.------------

Appears in 1 contract

Samples: Assignment Agreement (Money Store Inc /Nj)

Benefit of Setoff. The Borrower agrees that ----------------- each Participant shall ----------------- be deemed to have the right of setoff provided in Section 11.1 9.1 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 Lender under the Loan Documents; provided, provided that each Lender -------- shall retain the right of setoff provided in Section 11.1 9.1 with ------------ ----------- respect to the amount of participating interests sold to each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.19.1, agrees to share ----------- with each Lender, any amount ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 9.2 as if ----------- each ------------ Participant were a Lender. 12.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (Euronet Services Inc)

Benefit of Setoff. The Borrower agrees that ----------------- each Participant ------------------- shall be deemed to have the right of setoff provided in Section 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 Lender under the Loan Documents; provided, that each Lender shall -------- shall retain the right of setoff provided in Section 11.1 with ------------ respect to the amount ------------ of participating interests sold to each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, agrees to share with each Lender, any amount received ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 as if each ------------ Participant were a Lender. 12.3.-------------

Appears in 1 contract

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo)

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Benefit of Setoff. The Borrower agrees that each ----------------- each Participant shall be deemed to have the right of setoff provided in Section 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 Lender under the Loan Documents; provided, provided that each Lender -------- shall retain the right of setoff provided in Section 11.1 with ------------ respect to the amount of participating interests sold to ------------ each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, ------------ agrees to share with each Lender, any amount ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 as if each ------------ Participant were a Lender. 12.3.------------

Appears in 1 contract

Samples: Credit Agreement (Ohio Casualty Corp)

Benefit of Setoff. The Borrower agrees that ----------------- each Participant ----------------- (where Borrower has received at least thirty (30) days' prior notice of the existence of such Participant) shall be deemed to have the right of setoff provided in Section 11.1 in respect of its participating interest in ------------ 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 Lender under the Loan Documents; provided, provided that each Lender -------- shall retain the right of setoff provided in Section 11.1 with ------------ respect to the amount of participating ------------ interests sold to each such Participant. The Lenders agree to share with each such Participant, and each Participant, by exercising the right of setoff provided in Section 11.112.1, agrees to share with each Lender, any amount ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 as if each such ------------ Participant were a Lender. 12.3.

Appears in 1 contract

Samples: Assignment Agreement (Washington Real Estate Investment Trust)

Benefit of Setoff. The General Partner and the Borrower ----------------- each agrees that ----------------- each Participant shall be deemed to have the right of setoff provided in Section 11.1 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 Lender under the Loan Documents; provided, provided that each Lender -------- shall retain the right of setoff provided in Section 11.1 ------- 12.1 with ------------ respect to the amount of participating interests sold to ---- each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.112.1, agrees to share with each Lender, any amount received ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 12.2 as if each ------------ Participant were a ------------ Lender. 12.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (National Golf Properties Inc)

Benefit of Setoff. The Borrower agrees that each ----------------- each Participant shall be deemed to have the right of setoff provided in Section ------- 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 Lender under the Loan Credit Documents; provided, provided that each Lender -------- shall retain the right of setoff provided in Section 11.1 with ------------ respect to the amount of participating interests sold to ------------ each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, ------------ agrees to share with each Lender, any amount ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 as if each ------------ Participant were a Lender. 12.3.------------

Appears in 1 contract

Samples: Assignment Agreement (Gardner Denver Inc)

Benefit of Setoff. The Borrower agrees that each ----------------- each Participant shall be deemed to have the right of setoff provided in Section 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 Lender under the Loan Credit Documents; provided, provided that each Lender -------- shall retain the right of setoff provided in Section 11.1 with ------------ respect to the amount of ------------ participating interests sold to each Participant. The Lenders agree to share with each Participant, and each Participant, by exercising the right of setoff provided in Section 11.1, agrees to share with each ------------ Lender, any amount ------------ received pursuant to the exercise of its right of setoff, such amounts to be shared in accordance with Section 11.2 as if ------------ each ------------ Participant were a Lender. 12.3.

Appears in 1 contract

Samples: Assignment Agreement (Gardner Denver Inc)

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