WAIVER OF SETOFF RIGHTS. The Disbursement Agent hereby ----------------------- acknowledges the Trustee's security interest as set forth herein and waives any security interest or other lien in the Accounts or any funds or other assets credited thereto or deposited herein and further waives any right to set off said funds, assets or investments now or in the future against any indebtedness of the Company to the Disbursement Agent. The waivers set forth in this Section are of rights which may exist now or hereafter in favor of the Disbursement Agent in its individual capacity, and not of any such rights which may exist now or hereafter in favor of the Disbursement Agent in its capacity as agent for the Trustee. Nothing in this Section shall be construed as waiving, limiting or diminishing any rights of the Trustee vis-a-vis the Company.
WAIVER OF SETOFF RIGHTS. Xxxxx Fargo hereby waives any right it may have to apply any Account Funds against the payment of any indebtedness from time to time owing to Xxxxx Fargo from Customer, except for debits to the Restricted Account permitted under this Agreement for the payment of Returned Item Amounts and Xxxxx Fargo Fees. 16.
WAIVER OF SETOFF RIGHTS. The Escrow Agent hereby waives any and all rights to setoff that it may have against the Escrowed Property including, without limitation, claims arising as a result of any claims, amounts, liabilities, costs, expenses, indemnified costs, or other losses (collectively "Escrow Agent Claims") that the Escrow Agent may be otherwise entitled to collect from any Party to this Agreement, other than Escrow Agent Claims arising under this Agreement.
WAIVER OF SETOFF RIGHTS. The Administrative Agent, the Issuing Bank, the Syndication Agent, each Bank and the Company each hereby affirmatively waive all rights of set-off provided by applicable law with regard to any claim arising under or with respect to this Credit Agreement and their respective obligations hereunder. Without limiting the generality of the foregoing, the Administrative Agent and each Bank acknowledge and agree that none of them will apply to the payment of any obligations of the Company hereunder, whether or not due and whether or not any Event of Default exists, any balances, credits, deposits, accounts or moneys of the Company now or hereafter maintained with the Administrative Agent or such Bank or, in the absence of any order, decree, garnishment, injunction or other decision in a legal process or proceeding to the contrary, prohibit or freeze access to such balances, credits, deposits, accounts or moneys.
WAIVER OF SETOFF RIGHTS. Wells Fargo hereby waives any right it may now or hereafter have from xxxx to time to apply any Account Funds against the payment of any indebtedness from time to time owing to Wells Fargo from Customer, except for debits to the Restricted Accounx xxxmitted under this Agreement for the payment of Returned Item Amounts and Wells Fargo Fees.
WAIVER OF SETOFF RIGHTS. Rxx-Xxxxxxx agrees that it will not assert the right to setoff any amount owing by Rxx-Xxxxxxx to SME on account of sale of Distillers’ Grains by Rxx-Xxxxxxx pursuant to and as defined in that certain Distillers’ Grains Marketing Agreement (the “DDG Contract”). Upon sale of these Distillers’ Grains, Rxx-Xxxxxxx shall pay the amount owing pursuant to the DDG Contract to SME without setoff against any amount owed by SME to Rxx-Xxxxxxx under the Subordinated Note, or otherwise.
WAIVER OF SETOFF RIGHTS. Each of the Borrower, the Administrative Agent, the Fronting Bank, the LC Administrator and the Continuing Lenders and each of their respective affiliates acknowledges and agrees that it will not assert against the Exiting Lender any right of recoupment or setoff that it may have, whether any such right arises by virtue of contract or law, with respect to claims arising under the Credit Agreement.
WAIVER OF SETOFF RIGHTS. The Disbursement Agent hereby acknowledges the Trustee's and Hyatt Gaming's security interest as set forth herein and waives any security interest or other lien in the Accounts or any funds or other assets credited thereto or deposited therein and further waives any right to set off said funds, assets or investments now or in the future against any indebtedness of the Company to the Disbursement Agent. The waivers set forth in this Section are of rights which may exist now or hereafter in favor of the Disbursement Agent in its individual capacity, and not of any such rights which may exist now or hereafter in favor of the Disbursement Agent in its capacity as agent for the Trustee and Hyatt Gaming. Nothing in this Section shall be construed as waiving, limiting or diminishing any rights of the Trustee or Hyatt Gaming against the Company.
WAIVER OF SETOFF RIGHTS. The Construction Escrow Agent hereby acknowledges the Trustee's and Hyatt Gaming's security interest as set forth herein and waives any security interest or other lien in any funds disbursed to the Construction Escrow Agent and further waives any right to set off said funds now or in the future against any indebtedness of the Company to the Construction Escrow Agent. The waivers set forth in this Section are of rights which may exist now or hereafter in favor of the Construction Escrow Agent in its individual capacity, and not of any such rights which may exist now or hereafter in favor of the Construction Escrow Agent in its capacity as agent for the Trustee and Hyatt Gaming. Nothing in this Section shall be construed as waiving, limiting or diminishing any rights of the Trustee or Hyatt Gaming against the Company.
WAIVER OF SETOFF RIGHTS. The Independent Construction Consultant hereby acknowledges the Trustee's and Hyatt Gaming's security interest as set forth herein and waives any security interest or other lien in any funds disbursed to the Independent Construction Consultant and further waives any right to set off said funds now or in the future against any indebtedness of the Company to the Independent Construction Consultant. The waivers set forth in this Section are of rights which may exist now or hereafter in favor of the Independent Construction Consultant in its individual capacity, and not of any such rights which may exist now or hereafter in favor of the Independent Construction Consultant in its capacity as agent for the Trustee and Hyatt Gaming. Nothing in this Section shall be construed as waiving, limiting or diminishing any rights of the Trustee or Hyatt Gaming against the Company.
