Common use of Right of Set-Off; Adjustments Clause in Contracts

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank (or any of its Affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such Bank, irrespective of whether such Bank shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank agrees promptly to notify the Borrower after any such set-off and application made by such Bank; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank under this Section 13.9 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 11.3 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 section are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank (or any of its Affiliates) to or for the credit or the account of the Borrower or any Restricted Subsidiary against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankAgreement, irrespective of whether such Bank shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank agrees promptly to notify the Borrower after any such set-off and application made by such Bank; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank under this Section 13.9 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliates) to or for the credit or the account of the any Borrower against any and all of the obligations of the any Borrower now or hereafter existing under this Agreement and the Note held by such BankAgreement, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the applicable Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 8.3 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note Notes held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note Notes and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, however that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 11.3 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 12.3 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank (or any of its Affiliatesaffiliates) to or for the credit or the account of the Borrower any Credit Party against any and all of the obligations of the Borrower such Person now or hereafter existing under this Agreement and Credit Agreement, under the Note held by such BankNotes, under any other Credit Document or otherwise, irrespective of whether such Bank shall have made any demand under this Agreement hereunder or such Note thereunder and although such obligations may be unmatured. Each Bank agrees promptly to notify the Borrower any affected Credit Party after any such set-off and application made by such Bank; provided, however, that the failure to give -------- ------- such notice shall not affect the validity of such set-off and application. The rights of each Bank under this Section 13.9 11.2 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the any Borrower against any and all of the obligations of the such Borrower now or hereafter existing under this Agreement and the Note held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the such Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 12.3 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 13.3 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.. 104

Right of Set-Off; Adjustments. (a) Upon the occurrence and ----------------------------- during the continuance of any Event of Default, each Bank (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank (or any of its Affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankObligations, irrespective of whether such Bank shall have made any demand under this Agreement or Note held by such Note and although such obligations may be unmatured. Each Bank agrees promptly to notify the Borrower after any such set-off and application made by such Bank; provided, however, that the failure to give -------- ------- ---- such notice shall not affect the validity of such set-off and application. The rights of each Bank under this Section 13.9 15.4 are in addition to other rights and ------------ remedies (including, without limitation, other rights of set-off) that such Bank may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 11.3 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although the payment of such obligations may be unmaturednot have been accelerated. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmaturedNote. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.. 83

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the any Borrower against any and all of the obligations of the any Borrower now or hereafter existing under this Agreement and the Note held by such BankAgreement, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the applicable Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 11.3 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank (or any of its Affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankObligations, irrespective of whether such Bank shall have made any demand under this Agreement or Note held by such Note and although such obligations may be unmatured. Each Bank agrees promptly to notify the Borrower after any such set-off and application made by such Bank; providedPROVIDED, howeverHOWEVER, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank under this Section 13.9 SECTION 15.4 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliates) is hereby authorized at any time and from time to time, to the fullest extent permitted by 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 Indebtedness at any time owing by such Bank Lender (or any of its Affiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note Notes held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note Notes and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank Lender under this Section 13.9 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank Lender may have.

Right of Set-Off; Adjustments. (a) Upon the occurrence and during the continuance of any Event of Default, each Bank Lender (and each of its Affiliatesaffiliates) is hereby authorized at any time and from time to time, to the fullest extent 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 Bank Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement and the Note held by such BankLender, irrespective of whether such Bank Lender shall have made any demand under this Agreement or such Note and although such obligations may be unmatured. Each Bank Lender agrees promptly to notify the Borrower after any such set-off and application made by such BankLender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Bank under this Section 13.9 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Bank may have.Lender