EFTA00605221Set 9
2016-03-1811p4,939w
payments due under Section 5.10) shall be made to
the Lender without setoff or counterclaim and in freely transferable and immediately available
funds at its office set forth below ... Guarantor shall not be entitled to receive any payment
or exercise any setoff in respect of any such claim and, to the extent any
such payment is received (whether directly ... dividend in
bankruptcy, setoff or otherwise), the Guarantor will forthwith deliver the
same (or the value thereof) to the Lender in precisely the form received
(except for endorsement or assignment
https://www.justice.gov/epstein/files/DataSet%209/EFTA00605221.pdf
EFTA01433668Set 10
21p5,705w
waives, to the fullest
extent permitted by applicable law, all defenses,
counterclaims, rights of setoff, any requirement that
Lender first proceed against any guarantor or any
other security, all requirements ... such Obligations may be
unmatured. Lender agrees promptly to notify
Debtor after any such setoff and application,
provided, however, that the failure to give such
notice shall not affect ... validity of such setoff
and application. The rights of Lender under this
Paragraph are in addition to any other rights and
remedies (including, without limitation, other
rights of setoff) that
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01433668.pdf
EFTA01438564Set 10
21p5,715w
waives, to the fullest
extent permitted by applicable law, all defenses,
counterclaims, rights of setoff, any requirement that
Lender first proceed against any guarantor or any
other security, all requirements ... such Obligations may be
unmatured. Lender agrees promptly to notify
Debtor after any such setoff and application,
provided, however, that the failure to give such
notice shall not affect ... validity of such setoff
and application. The rights of Lender under this
Paragraph are in addition to any other rights and
remedies (including, without limitation, other
rights of setoff) that
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01438564.pdf
EFTA01337869Set 10
2002-08-0189p20,136w
each account for each billing period at the end of which II. Right of Setoff. Issuer has the right of setoff agents' any deposit account
there is an undisputed debit ... enforcement of this Guaranty. This provision shall swain tamiumein of this Guaranty.
BIGHT OF SETOFF. Guarantor authorizes Bail, to rheumen permitted by applicable law, to charge, withdraw or setoff ... enforcement of this Guetenty. This provision WWI suMve termination of this Guaranty.
RIGHT OF SETOFF. Guarantor euthenzes Bank. to rne extent permitted by applicable law, to charge. vellibraw or setae
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01337869.pdf
EFTA01435148Set 10
31p5,762w
waives, to the fullest \
extent permitted by applicable law, all defenses, \
counterclaims, rights of setoff, any requirement that
Lender first proceed against any guarantor or any
other security, all requirements ... sueft-Obiigaiions may be/
anmaturcd-. Lender agrees promptly to notify
Debtor after any such setoff and application,
provided, however, that the failure to give such
notice shall not affect ... validity of such setoff
and application. The rights of Lender under this
Paragraph are in addition to any other rights and
remedies (including, without limitation, other
rights of setoff) that
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01435148.pdf
EFTA01438247Set 10
21p5,722w
waives, to the fullest
extent permitted by applicable law, all defenses,
counterclaims, rights of setoff, any requirement that
Lender first proceed against any guarantor or any
other security, all requirements ... such Obligations may be
unmatured. Lender agrees promptly to notify
Debtor after any such setoff and application,
provided, however, that the failure to give such
notice shall not affect ... validity of such setoff
and application. The rights of Lender under this
Paragraph are in addition to any other rights and
remedies (including, without limitation, other
rights of setoff) that
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01438247.pdf
EFTA01441288Set 10
31p5,756w
waives, to the fullest
extent permitted by applicable law, all defenses,
counterclaims, rights of setoff, any requirement that
Lender first proceed against any guarantor or any
other security, all requirements ... business day; or in the case of
Paragraph 4, when
Debtor after any such setoff and application, given by telephone, in each
EFTA01441310
case to the address
provided, however, that ... party may
change its address for
notice shall not affect the validity of such setoff notices by written
notice to the other.
and application. The rights of Lender under this
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01441288.pdf
EFTA00186331Set 9
2002-08-0117p6,636w
each account for each billing period at the end of which 11. Right of Setoff. Issuer has the right of setoff against any deposit account
there is an undisputed debit ... enforcement of this Guaranty. This provision shall survive kraination of this Guaranty.
RIGHT OF SETOFF. Guarantor authorizes Ban.k, to the extent permitted by applicable kw, to charge, withdraw or setoff
https://www.justice.gov/epstein/files/DataSet%209/EFTA00186331.pdf
business day; or in the case of Paragraph 4. when
Debtor after any such setoff and application, given by telephone, in each case to the address
provided, however, that ... party may change its address for
notice shall not affect the validity of such setoff notices by written notice to the other.
and application. The rights of Lender under this ... LENDER EACH
remedies (including, without limitation, other HEREBY IRREVOCABLY WAIVES, TO THE
rights of setoff) that Lender may have. FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY RIGHT
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01355992.pdf
business day; or in the case of Paragraph 4, when
Debtor after any such setoff and application, given by telephone, in each case to the address
provided, however, that ... party may change its address for
notice shall not affect the validity of such setoff notices by written notice to the other.
and application. The rights of Lender under this ... LENDER EACH
remedies (including, without limitation, other HEREBY IRREVOCABLY WAIVES, TO THE
rights of setoff) that Lender may have. FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY RIGHT
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01386345.pdf
EFTA01701095Set 10
2002-01-2426p7,293w
each account for each billing period at the end of which Right of Setoff. Issuer has the right of setoff against any deposit account
there is an undisputed debit ... enforcement of this Gturamy. TIM provision shall survive lamination of this Guaranty.
RIGill OF SETOFF. Guarantor authorizes Bank, to the extent permitted by applicable law, to charge, withdraw or setoff
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01701095.pdf
EFTA01410737Set 10
2019-03-128p1,176w
third call with the client today, all of which have been
about the setoff and lien language we have been negotiating. Unfortunately,
the other bank Ashley is working with ... deposits has agreed to simply
remove all setoff and lien language from their deposit agreement,
recognizing that there should be no situation (other than an operational
error) that would give ... waiving any rights to go after money owed, they just
won't lien and setoff the account. I don't know which bank they are working
with on this
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01410737.pdf
EFTA02707722Set 11
2002-12-3036p12,965w
BANK
HERETO (A) TO EXERCISE SELF HELP REMEDIES SUCH AS (BUT NOT
LIMITED TO) SETOFF, OR (B) TO FORECLOSE AGAINST ANY REAL OR
PERSONAL PROPERTY COLLATERAL, OR (C) TO OBTAIN ... unconditionally promises to pay to the order of Bank, its successors and assigns, without
setoff, at its offices indicated at the beginning of this Note, or at such other place ... unconditionally promise to pay to the
order of Bank, its successors and assigns, without setoff, at its offices indicated at the
beginning of this Note, or at such other place
https://www.justice.gov/epstein/files/DataSet%2011/EFTA02707722.pdf
EFTA01188913Set 9
2002-12-3036p12,966w
BANK
HERETO (A) TO EXERCISE SELF HELP REMEDIES SUCH AS (BUT NOT
LIMITED TO) SETOFF, OR (B) TO FORECLOSE AGAINST ANY REAL OR
PERSONAL PROPERTY COLLATERAL, OR (C) TO OBTAIN ... unconditionally promises to pay to the order of Bank, its successors and assigns, without
setoff, at its offices indicated at the beginning of this Note, or at such other place ... unconditionally promise to pay to the
order of Bank, its successors and assigns, without setoff, at its offices indicated at the
beginning of this Note, or at such other place
https://www.justice.gov/epstein/files/DataSet%209/EFTA01188913.pdf
EFTA01088863Set 9
2014-07-0117p5,364w
enforceable master netting
arrangement or similar agreement or meet the following right of setoff criteria: the amounts owed by the Fund to
another party are determinable, the Fund ... other party, the Fund intends to set off. and the Fund's right of setoff is enforceable at law. As of July 1. 2014 the Fund
does not hold derivative ... instruments that meet the right of setoff.
13
EFTA01088877
BOOTHBAY MULTI-STRATEGY FUND, LP
NOTES TO FINANCIAL STATEMENTS
6. Securities sold short
The Fund is subject to certain inherent risks
https://www.justice.gov/epstein/files/DataSet%209/EFTA01088863.pdf
EFTA01365962Set 10
2018-05-181p385w
third call with the client today, all of which have been about the setoff and lien language we have been
negotiating. Unfortunately, the other bank Ashley is working with ... deposits has agreed to simply remove all setoff
and lien language from their deposit agreement, recognizing that there should be no situation (other than an
operational error) that would give ... waiving any
rights to go after money owed, they just won't lien and setoff the account. I don't know which bank they are working
with on this
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365962.pdf