Common use of Set-Off and Waiver Clause in Contracts

Set-Off and Waiver. The Guarantor waives any right to assert against any Secured Party as a defense, counterclaim, set-off, recoupment or cross claim in respect of its Guarantor’s Obligations, any defense (legal or equitable) or other claim which the Guarantor may now or at any time hereafter have against either Borrower or any or all of the Secured Parties without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to the Guarantor. For the purposes of this Section 8, all remittances and property shall be deemed to be in the possession of a Secured Party as soon as the same may be put in transit to it by mail or carrier or by other bailee.

Appears in 2 contracts

Samples: Guaranty Agreement, Senior Unsecured Term Loan Credit Agreement (Avnet Inc)

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Set-Off and Waiver. The Each Guarantor waives any right to assert against any Secured Party as a defense, counterclaim, set-off, recoupment or cross claim in respect of its Guarantor’s Obligations, any defense (legal or equitable) or other claim which the such Guarantor may now or at any time hereafter have against either the Borrower or any or all of the Secured Parties without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to the such Guarantor. For the purposes of this Section 8, all remittances and property shall be deemed to be in the possession of a Secured Party as soon as the same may be put in transit to it by mail or carrier or by other bailee.

Appears in 2 contracts

Samples: Guaranty Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)

Set-Off and Waiver. The Guarantor waives any right to assert against any Secured Guaranteed Party as a defense, counterclaim, set-off, recoupment or cross claim in respect of its Guarantor’s Obligations, any defense (legal or equitable) or other claim which the Guarantor may now or at any time hereafter have against either any Borrower or any or all of the Secured Guaranteed Parties without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to the Guarantor. For the purposes of this Section 8, all remittances and property shall be deemed to be in the possession of a Secured Guaranteed Party as soon as the same may be put in transit to it by mail or carrier or by other bailee.

Appears in 1 contract

Samples: Credit Agreement (Carmax Inc)

Set-Off and Waiver. The Each Guarantor waives any right to assert against any Secured Guaranteed Party as a defense, counterclaim, set-off, recoupment or cross claim in respect of its Guarantor’s Obligations, any defense (legal or equitable) or other claim which the such Guarantor may now or at any time hereafter have against either the Borrower or any or all of the Secured Guaranteed Parties without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to the such Guarantor. For the purposes of this Section 8, all remittances and property shall be deemed to be in the possession of a Secured Guaranteed Party as soon as the same may be put in transit to it by mail or carrier or by other bailee.

Appears in 1 contract

Samples: Guaranty Agreement (Granite Construction Inc)

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Set-Off and Waiver. The Each Guarantor waives any right to assert against any Secured Guaranteed Party as a defense, counterclaim, set-off, recoupment or cross claim in respect of its Guarantor’s Obligations, any defense (legal or equitable) or other claim which the such Guarantor may now or at any time hereafter have against either any Borrower or any or all of the Secured Guaranteed Parties without waiving any additional defenses, set-offs, counterclaims or other claims otherwise available to the such Guarantor. For the purposes of this Section 8, all remittances and property shall be deemed to be in the possession of a Secured Guaranteed Party as soon as the same may be put in transit to it by mail or carrier or by other bailee.

Appears in 1 contract

Samples: Credit Agreement (Carmax Inc)

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