Common use of Lien and Set Off Clause in Contracts

Lien and Set Off. Upon the occurrence of an Event of Default, the Borrower hereby grants to the Bank, a lien, security interest and right of setoff as security for all liabilities and obligations to Bank, whether now existing or hereafter arising, upon and against all deposits, credits, collateral and property, now or hereafter in the possession, custody, safekeeping or control of the Bank or any entity under the control of Citizens Financial Group, Inc., or in transit to any of them. At any time after the occurrences of an Event of Default, without demand or notice, Bank may set off the same or any part thereof and apply the same to any liability or obligation of the Borrower even though unmatured and regardless of the adequacy of any other collateral securing the loan. ANY AND ALL RIGHTS TO REQUIRE BANK TO EXERCISE ITS RIGHTS OR REMEDIES WITH RESPECT TO ANY OTHER COLLATERAL WHICH SECURES THE NOTES, PRIOR TO EXERCISING ITS RIGHT OF SETOFF WITH RESPECT TO SUCH DEPOSITS, CREDITS OR OTHER PROPERTY OF THE BORROWER ARE HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLE WAIVED.

Appears in 1 contract

Sources: Credit Agreement (Able Laboratories Inc)

Lien and Set Off. Upon the occurrence of an Event of Default, the Each Borrower hereby grants to the Bank, Bank a lien, security interest interest, and a right of setoff set off as security for all liabilities and obligations to Bank, whether now existing or hereafter arisingof the Obligations, upon and against all deposits, credits, collateral collateral, and property, now or hereafter in the possession, custody, safekeeping safekeeping, or control of the Bank or any entity under the control of Citizens Financial Group, Inc.the Bank, or in transit to any of them. At any time after the occurrences of an Event of Defaulttime, without demand or notice, the Bank may set off the same or any part thereof and apply the same to any liability or obligation of the any Borrower even though unmatured and regardless of the adequacy of any other collateral securing the loanObligations. ANY AND ALL RIGHTS TO REQUIRE THE BANK TO EXERCISE ITS RIGHTS OR REMEDIES WITH RESPECT TO ANY OTHER COLLATERAL WHICH SECURES THE NOTESOBLIGATIONS, PRIOR TO EXERCISING ITS RIGHT OF SETOFF WITH RESPECT TO SUCH DEPOSITS, CREDITS CREDITS, OR OTHER PROPERTY OF THE BORROWER ANY BORROWER, ARE HEREBY KNOWINGLY, VOLUNTARILY VOLUNTARILY, AND IRREVOCABLE IRREVOCABLY WAIVED. The Bank shall not be required to marshal any present or future security for, or guarantees of, the Obligations, or to resort to any such security or guarantee in any particular order and the Borrower waives, to the fullest extent that it lawfully can, (a) any right it might have to require the Bank to pursue any particular remedy before proceeding against them, and (b) any right to the benefit of, or to direct the application of the proceeds of any collateral until the Obligations are paid in full.

Appears in 1 contract

Sources: Loan and Security Agreement (Arrhythmia Research Technology Inc /De/)

Lien and Set Off. Upon the occurrence of an Event of Default, the The Borrower hereby grants to the Bank, a lien, security interest and right of setoff as security for all liabilities and obligations to Bank, whether now existing or hereafter arising, upon and against all deposits, credits, collateral and property, now or hereafter in the possession, custody, safekeeping or control of the Bank or any entity under the control of Citizens Financial Group, Inc., the Bank or in transit to any of them. At any time after the occurrences of an Event of Default, without demand or notice, The Bank may set off the same or any part thereof at any time without demand or notice and apply the same to any liability or obligation of the Borrower even though unmatured and regardless of the adequacy of any other collateral securing the loan. ANY AND ALL RIGHTS TO REQUIRE THE BANK TO EXERCISE ITS RIGHTS OR REMEDIES WITH RESPECT TO ANY OTHER COLLATERAL WHICH SECURES THE NOTESNOTE, PRIOR TO EXERCISING ITS RIGHT OF SETOFF WITH RESPECT TO SUCH DEPOSITS, CREDITS OR OTHER PROPERTY OF THE BORROWER ARE HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLE WAIVED.

Appears in 1 contract

Sources: Credit Agreement (Cybex International Inc)

Lien and Set Off. Upon the occurrence of an Event of Default, the Each Borrower hereby grants to the Bank, Bank a lien, security interest interest, and a right of setoff set off as security for all liabilities and obligations to Bank, whether now existing or hereafter arisingof the Obligations, upon and against all deposits, credits, collateral collateral, and property, now or hereafter in the possession, custody, safekeeping safekeeping, or control of the Bank or any entity under the control of Citizens Financial Group, Inc.the Bank, or in transit to any of them. At any time after the occurrences of an Event of Defaulttime, without demand or notice, the Bank may set off the same or any part thereof and apply the same to any liability or obligation of the any Borrower even though unmatured and regardless of the adequacy of any other collateral securing the loanObligations. ANY AND ALL RIGHTS TO REQUIRE THE BANK TO EXERCISE ITS RIGHTS OR REMEDIES WITH RESPECT TO ANY OTHER COLLATERAL WHICH SECURES THE NOTESOBLIGATIONS, PRIOR TO EXERCISING ITS RIGHT OF SETOFF WITH RESPECT TO SUCH DEPOSITS, CREDITS CREDITS, OR OTHER PROPERTY OF THE BORROWER ANY BORROWER, ARE HEREBY KNOWINGLY, VOLUNTARILY VOLUNTARILY, AND IRREVOCABLE IRREVOCABLY WAIVED. The Bank shall not be required to marshal any present or future security for, or guarantees of, the Obligations, or to resort to any such security or guarantee in any particular order and the Borrower waives, to the fullest extent that it lawfully can, (a) any right it might have to require the Bank to pursue any particular remedy before proceeding against them, and (b) any right to the benefit of, or to direct the application of the proceeds of any collateral until the Obligations are paid in full. 11.

Appears in 1 contract

Sources: Loan and Security Agreement

Lien and Set Off. Upon the occurrence of an Event of Default, the Borrower The Obligors hereby grants each grant to the Bank, a lien, security interest and right of setoff as security for all liabilities and obligations to Bank, whether now existing or hereafter arising, upon and against all deposits, credits, collateral and property, now or hereafter in the possession, custody, safekeeping or control of the Bank or any entity under the control of Citizens Fleet Financial Group, Inc., or in transit to any of them. At any time after the occurrences of an Event of Defaulttime, without demand or notice, Bank may set off the same or any part thereof and apply the same to any liability or obligation of the Borrower Obligors even though unmatured and regardless of the adequacy of any other collateral securing the loan. ANY AND ALL RIGHTS TO REQUIRE BANK TO EXERCISE ITS RIGHTS OR REMEDIES WITH RESPECT TO ANY OTHER COLLATERAL WHICH SECURES THE NOTES, PRIOR TO EXERCISING ITS RIGHT OF SETOFF WITH RESPECT TO SUCH DEPOSITS, CREDITS OR OTHER PROPERTY OF THE BORROWER OBLIGORS ARE HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLE WAIVED.

Appears in 1 contract

Sources: Credit Agreement (Dynagen Inc)