No set off clause

• [PDF File]The Right of Setoff- What Does a Banker Need to Know?

  https://info.5y1.org/no-set-off-clause_1_bec8ba.html

  The Right of Setoff- What Does a Banker Need to Know? By Terri D. Thomas, JD ... not be used to set off against the loan owed by John personally because ... payments (such as failing to provide insurance), an acceleration clause is mandatory since there would be no missed payments due and owing (see below). ii.

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• [PDF File]TERMS AND CONDITIONS OF CONTRACT BOILERPLATE/CORE CLAUSES

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  TERMS AND CONDITIONS OF CONTRACT BOILERPLATE/CORE CLAUSES FOREWORD These clauses are of use as standard or what is known as “boiler plate” clauses in many forms of commercial contract such as distribution agreements and contracts for the supply of goods and/or services. They are not the substantive clauses in a contract such as A sells

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• [PDF File]Recent Developments in the Law of Set-off

  https://info.5y1.org/no-set-off-clause_1_5a0cba.html

  Recent Developments in the Law of Set-off /3 The law of set-off or compensation applies to all claims made against a debtor company and to all actions instituted by it for the recovery of debts due to the company in the same manner and to the same extent as if the company were plaintiff or defendant, as the case may be.11

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• [PDF File]Determining The Test For Equitable Set-Off

  https://info.5y1.org/no-set-off-clause_1_fa6fbf.html

  Determining The Test For Equitable Set-Off Introduction In Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667, the English Court of Appeal examined the law of equitable set-off. After considering existing authority on the topic, Rix LJ, on ... The Set-Off Clause allowed SCL to set off “any amounts lawfully due”, and this was ...

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• Defense Contract Financing Under the Assignment of Claims Act

  derivative liability for restitution and enacted the so-called "no set-off" clause. This clause, when included in a contract, diminishes the Govern-ment's common-law right of set-off.'2 NATURE OF THE AssiGNzFrNT An assignment under the Act comes into effect only upon an under-lying contractual obligation;' however, an assignment may come into

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• [PDF File]Case update - Koh Lin Yee v Terrestrial Pte Ltd and ...

  https://info.5y1.org/no-set-off-clause_1_d12280.html

  in the UCTA could apply to an exclusion of set-off provision, insomuch as the no set-off clause excludes or restricts any right or remedy in respect of liability and/or excludes or restricts the procedural rules as to set-off. In doing so, the Court disagreed with an earlier High Court decision. 14.

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• [PDF File]Global Business Tax Alert

  https://info.5y1.org/no-set-off-clause_1_6120a8.html

  to Clause (iii) was not available in the event of either unabsorbed loss or unabsorbed depreciation becoming NIL. Thus, in the event where either of the two became zero, the assessee would not be entitled for set-off against books profits as beneficially provided in Clause (iii) to Explanation 1.

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• [PDF File]STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

  https://info.5y1.org/no-set-off-clause_1_7f4b2b.html

  STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. January 2014 . STANDARD CLAUSES FOR NYS CONTRACTS Page 2 January 2014 TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non-Assignment Clause 3 ... State shall exercise its set-off rights in accorda nce with normal

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• [PDF File]Set-off - NSW Law Reform Cmsn

  https://info.5y1.org/no-set-off-clause_1_ecc02d.html

  Set-off 4 TYPES OF SET-OFF 1.6 There is no general right to set-off at common law. The three basic types of set-off which have developed are:11 contractual set-off; set-off provided for by statute; and equitable set-off. There are also some related remedies and procedures which cannot

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• Is a Contractual Clause Excluding a Right of Set-Off ...

  facts, the Court of Appeal found that the words “without set-off” excluded all forms of set-off, with no distinction between legal and equitable set-offs. As a matter of practical consideration, therefore, these words can generally be taken to include all forms of set-off. The application of the UCTA to contractual clause excluding a right

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• [PDF File]2002 ISDA Master Agreement - Guide to Principal Changes (PDF)

  https://info.5y1.org/no-set-off-clause_1_d207b8.html

  Set-off clause introduced to enable Non-defaulting Party or Non-affected Party to set-off any Early Termination Amount against amounts owing to or from Defaulting Party or Affected Party (whether or not arising under the ISDA Master Agreement) Interest and compensation provisions consolidated and developed to refl ect different

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• [PDF File]2002 ISDA Master Inside: Agreement

  https://info.5y1.org/no-set-off-clause_1_bbdd5d.html

  D: Inclusion of set-off clause Section 6(f) of the 2002 Agreement incorporates a set-off clause. Although there was no set-off clause in the 1992 Agreement, a suggested ISDA set-off clause was included in the User’s Guide to the 1992 Agreement and a set-off clause was invariably added to Part 5 of the schedule when parties negotiated the 1992

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• [PDF File]Retention of Title Clauses Seller Beware!

  https://info.5y1.org/no-set-off-clause_1_6a8b4e.html

  Caterpillar, and the clause did not make Holt Caterpillar‟s agent. In coming to this conclusion, he relied, amongst other things, on the “no agency” clause and the proposition that the no set-off clause could only operate if there was a claim for the price, which in itself negatives any intent to create an agency relationship.

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• [PDF File]Standard form agreement unfair clauses? - Russell-Cooke

  https://info.5y1.org/no-set-off-clause_1_c29336.html

  The clause was therefore held to be reasonable. The standard agreements also contained a “no set-off” clause. This provided that each agent had to pay all sums due to AXA without withholding or deducting any sums due to it from AXA. The Court held that the clause took effect in accordance with its terms and prevented

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• [PDF File]Money for Nothing — Shut-In Royalty Clauses in Oil and Gas ...

  https://info.5y1.org/no-set-off-clause_1_215392.html

  There is no uniform shut-in clause and slight differences in language have led to different results in the reported cases. Moreover, the shut-in clause cannot be read in isolation but rather must be read in the context of the entire lease. Those disclaimers aside, the following are examples of typical shut-in clauses: A.

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