No Set-off by Guarantor. All amounts payable by the Guarantor under this Agreement shall be paid without set-off or counterclaim and without any deduction or withholding whatsoever.
Appears in 5 contracts
Samples: Credit Agreement (Harvest Operations Corp.), Credit Agreement (Harvest Operations Corp.), Credit Agreement (Enerplus Resources Fund)
No Set-off by Guarantor. All amounts payable by the any Guarantor under this Agreement shall be paid without set-off or counterclaim and without any deduction or withholding whatsoever.
Appears in 3 contracts
Samples: Note Purchase Agreement (ENERPLUS Corp), Subordination Agreement (ENERPLUS Corp), Guarantee and Subordination Agreement (Enerplus Resources Fund)
No Set-off by Guarantor. All amounts payable by the Guarantor under this Agreement shall be paid without set-off or counterclaim and without any deduction or withholding whatsoeverwhatsoever unless and to the extent that the Guarantor shall be prohibited by law from doing so, in which case the Guarantor shall pay to the Investor such additional amount as shall be necessary to ensure that the Investor receives the full amount it would have received if no such deduction or withholding had been made.
Appears in 2 contracts
Samples: Guarantee and Indemnity (Lorus Therapeutics Inc), Subscription Agreement (Lorus Therapeutics Inc)
No Set-off by Guarantor. All amounts payable by the Guarantor under this Agreement shall be paid without set-off or counterclaim and without any deduction or withholding whatsoeverwhatsoever unless and to the extent that the Guarantor shall be prohibited by law from doing so, in which case the Guarantor shall pay to the Trustee or the Holders such additional amount as shall be necessary to ensure that the Trustee or the Holders, as the case may be, receive the full amount it would have received if no such deduction or withholding had been made.
Appears in 1 contract
Samples: Archibald Candy Corp
No Set-off by Guarantor. All amounts payable by the Guarantor under this Agreement shall be paid without set-off or counterclaim and without any deduction or withholding whatsoeverwhatsoever unless and to the extent that the Guarantor shall be prohibited by law from doing so, in which case the Guarantor shall pay to the Agent and the Lenders such additional amount as shall be necessary to ensure that the Agent and the Lenders, as the case may be, receive the full amount it would have received if no such deduction or withholding had been made.
Appears in 1 contract
Samples: Archibald Candy Corp
