Set off The Borrower irrevocably authorises each of the Finance Parties at any time after all or any part of the Indebtedness shall have become due and payable to set off without notice any liability of the Borrower to any of the Finance Parties (whether present or actual, and irrespective of the branch or office, currency or place of payment) against any credit balance from time to time standing on any account of the Borrower (whether current or otherwise and whether or not subject to notice) with any branch of any of the Finance Parties in or towards satisfaction of the Indebtedness and, in the name of that Finance Party or the Borrower, to do all acts (including, without limitation, converting or exchanging any currency) and execute all documents which may be required to effect such application.
Set. Off Deluxe may at any time and from time to time, without notice to the Corporation or to any other Person, set-off, appropriate and apply any and all deposits, general or special, matured or unmatured, held by or for the benefit of the Corporation with Deluxe, and any other indebtedness and liability of Deluxe to the Corporation, matured or unmatured, against and on account of the Obligations when due, in such order of application as Deluxe may from time to time determine.
Set. The owner shall be entitled to terminate this agreement in the event of the hirer making default in the punctual payment of the hire instalment as agreed to above. In that event, the owner shall be entitled to seize the said T.V. set and take possession of it and the hirer shall give access to the owner for such purpose and the owner shall not be liable to the hirer for such action in any manner whatsoever. The owner in such an event shall be entitled to recover from the hirer all the hire instalments in arrear and in case such instalmets be less than 50 per cent of the orginial price (viz. Rs………………) he shall be entitled to recover the balance that accrues after taking into account the previous hire instalments paid to the extent to which the said payments do not equal the 50 per cent. Of the said price of the T.V. set.
Set. Off Each Guarantor hereby irrevocably authorizes each Secured Party at any time and from time to time upon the occurrence and during the continuance of a Secured Debt Default, without notice to such Guarantor or any other Guarantor, any such notice being expressly waived by each Guarantor, to set-off and appropriate and apply any and all deposits (general or special, time or demand, provisional or final), in any currency, and any other credits, indebtedness or claims, in any currency, in each case whether direct or indirect, absolute or contingent, matured or unmatured, at any time held or owing by each Secured Party to or for the credit or the account of such Guarantor, or any part thereof in such amounts as each Secured Party may elect (but excluding amounts held in accounts used exclusively for payroll, employee benefits or tax, as well as any other fiduciary or trust accounts), against and on account of the obligations and liabilities of such Guarantor to each Secured Party hereunder and claims of every nature and description of each Secured Party against such Guarantor, in any currency, whether arising hereunder, under any other Secured Debt Document or otherwise, as each Secured Party may elect, whether or not each Secured Party has made any demand for payment and although such obligations, liabilities and claims may be contingent or unmatured; provided that each such set-off and appropriation by any Secured Party shall be held by it and applied in accordance with the terms of the Collateral Trust Agreement. The applicable Secured Party shall notify such Guarantor promptly of any such set-off and the application made by each Secured Party of the proceeds thereof; provided that the failure to give such notice shall not affect the validity of such set-off and application. The rights of each Secured Party under this Section are in addition to other rights and remedies (including other rights of set-off) which each Secured Party may have.
Set. Off ---------------------- In addition to any rights now or hereafter granted under Applicable Law and not by way of limitation of any such rights, upon the occurrence and during the continuation of an Event of Default, each Lender and any subsequent holder of any Note, and any assignee of any Note, is hereby authorized by the Borrower at any time or from time to time, without notice to the Borrower or any other Person, any such notice being hereby expressly waived, to set-off, appropriate and apply any deposits (general or special (except trust and escrow accounts), time or demand, including without limitation Indebtedness evidenced by certificates of deposit, in each case whether matured or unmatured) and any other Indebtedness at any time held or owing by such Lender or holder to or for the credit or the account of the Borrower, against and on account of the Obligations and other liabilities of the Borrower to such Lender or holder, irrespective of whether or not (a) the Lender or holder shall have made any demand hereunder, or (b) the Lender or holder shall have declared the principal of and interest on the Advances and other amounts due hereunder to be due and payable as permitted by Section 8.2 hereof (but after each set-off such Lender shall promptly notify the Administrative Agent and the Borrower). Any sums obtained by any Lender or by any assignee or subsequent holder of any Note shall be subject to pro rata treatment and shared as provided in Section 2.12 hereof.
Set. OFF -------------------------------------------------------------------------------- 22.1 SET-OFF Each of the Borrowers and Foster's Brewing Group authorises the Lender (but without obligation on the part of the Lender) if an Event of Default which would entitle the Lender (as a Creditor) or the Trustee to make a declaration under Clause 5.2(A) or (B) of the Trust Deed is subsisting to apply any credit balance in any currency (whether or not matured) in any of its accounts with any branch of the Lender in or towards satisfaction of any FACILITY AGREEMENT -------------------------------------------------------------------------------- sum at any time due and payable by it to the Lender under or in relation to any Relevant Document.
Set. But until the actual payment of the total sum of Rs…………..paid monthly as hire and until the payment of Re.1 for option to purchase, the property in the T.V. set shall remain in the owner and the hirer shall be deemed to be merely a bailee thereof without any right to part with possession of the said T.V. set to be used or kept in custody by any other person. I shall, however, be open to the said hirer to pay the sum of Rs………….including the sums already paid as hire by him as aforesaid before the final payment of the last hire instalment as aforementioned and on payment of the said balance along with Re.1 for option to purchase the same the hirer shall become along the owner of the said T.V.
Set. Off ------- The parties acknowledge that, INyX has made a convertible promissory note of even date in favour of the Customer in the face amount of (pound)2,500,000.00 British Pounds Sterling (the "Promissory Note"). INyX agrees that the Customer may, from time to time, at its sole discretion, set-off against amounts due hereunder any overdue interest or principal payments accruing due pursuant to the Promissory Note, upon providing INyX ten (10) business days notice of the Customer's intention to set-off such amounts; and to permit INyX to cure any default under the Promissory Note as provided therein.