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

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

Appears in 6 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

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

Appears in 5 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Right of Set-Off; Adjustments. Upon the occurrence and during the continuance of any Event of Default, Lender (and each Lender 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 Lender (or any of its Affiliates) to or for the credit or the account of any Credit Party Borrower against any and all of the obligations of such Person now or hereafter existing under this Credit Agreement, under the NotesNote, under any other Credit Document or otherwise, irrespective of whether such Lender shall have made any demand hereunder or thereunder and although such obligations may be unmatured. Each Lender agrees promptly to notify any affected Credit Party after any such set-off and application made by such Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Lender under this Section 11.2 10.2 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Immucor Inc)

Right of Set-Off; Adjustments. Upon the occurrence and during During the continuance of any Event of Default, the Lender (and each Lender 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 the Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of any Credit Party the Borrower against any and all of the obligations of such Person the Borrower now or hereafter existing under this Credit Agreement, under Agreement and the Notes, under any other Credit Document or otherwiseNote, irrespective of whether such the Lender shall have made any demand hereunder under this Agreement or thereunder the Note and although such obligations may be unmatured. Each The Lender agrees promptly to notify any affected Credit Party the Borrower after any such set-off and application made by such the Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each the Lender under this Section 11.2 §9.2 are in addition to other rights and remedies (including, without limitation, including other rights of set-off) that such the Lender may have.

Appears in 1 contract

Samples: Loan Agreement (K-Sea Transportation Partners Lp)

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

Appears in 1 contract

Samples: Credit Agreement (Owens & Minor Inc/Va/)

Right of Set-Off; Adjustments. Upon the occurrence and during (i) During the continuance of any Event of Default, the Lender (and each Lender 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 the Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of any Credit Party the Borrower against any and all of the obligations of such Person the Borrower now or hereafter existing under this Credit Agreement, under Agreement and the Notes, under any other Credit Document or otherwise, irrespective of whether such the Lender shall have made any demand hereunder under this Agreement or thereunder the Notes and although such obligations may be unmatured. Each The Lender agrees promptly to notify any affected Credit Party the Borrower after any such set-off and application made by such the Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each the Lender under this Section 11.2 §8.2(c) are in addition to other rights and remedies (including, without limitation, including other rights of set-off) that such the Lender may have.

Appears in 1 contract

Samples: Loan Agreement (K-Sea Transportation Partners Lp)

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Right of Set-Off; Adjustments. Upon the occurrence Upox xxx xxxxxxxxce and during the continuance of any Event of Default, each 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 Lender (or any of its Affiliatesaffiliates) to or for the credit or the account of any Credit Party Borrower against any and all of the obligations Obligations of such Person Borrower now or hereafter existing under this Credit Agreement, under the Notes, under any other Credit Document or otherwiseexisting, irrespective of whether such Lender shall have made any demand hereunder under this Agreement or thereunder such Note and although such obligations Obligations may be unmatured. Each Lender agrees promptly to notify any affected Credit Party the applicable Borrower after any such set-off and application made by such Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Lender under this Section 11.2 13.3 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Consoltex Usa Inc)

Right of Set-Off; Adjustments. Upon the occurrence and during the continuance of any Event of Default, each 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 Lender (or any of its Affiliates) to or for the credit or the account of any Credit Party against any and all of the obligations of such Person then due that are now or hereafter existing under this Credit Agreement, under the Notes, under any other Credit Document or otherwise, irrespective of whether such Lender shall have made any demand hereunder or thereunder and although such obligations may be unmaturedthereunder. Each Lender agrees promptly to notify any affected Credit Party after any such set-off and application made by such Lender; provided, however, that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Lender under this Section 11.2 are in addition to other rights and remedies (including, without limitation, other rights of set-off) that such Lender may have.

Appears in 1 contract

Samples: Credit Agreement (Condor Systems Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Westpoint Stevens Inc)

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