No Set-Off, Deduction etc. All payments (whether interest or otherwise) to be made by a Borrower or any other party to each Lender pursuant to this Agreement are to be made in freely transferable, immediately available funds and without set-off or deduction of any kind whatsoever (whether for deemed re-investment or otherwise) except to the extent required by Applicable Law, and if any such set-off or deduction is so required and is made, such Borrower or other party will, as a separate and independent obligation to each Lender, be obligated to immediately pay to each Lender all such additional amounts as may be required to fully indemnify and save harmless such Lender from such set-off or deduction and will result in the effective receipt by such Lender of all the amounts otherwise payable to it in accordance with the terms of this Agreement. For greater certainty, a Borrower will not be required to make any payment under this Section 4.05 in duplication of any payment required to be made under Section 14.04 or to the extent expressly excluded in Section 14.04.
Appears in 4 contracts
Samples: Credit Agreement (Just Energy Group Inc.), Credit Agreement (Just Energy Group Inc.), Credit Agreement (Just Energy Group Inc.)
No Set-Off, Deduction etc. All payments (whether interest or otherwise) to be made by a the Borrower or any other party to each Lender pursuant to this Agreement are to be made in freely transferable, immediately available funds and without set-off or deduction of any kind whatsoever (whether for deemed re-investment or otherwise) except to the extent required by Applicable Law, and if any such set-off or deduction is so required and is made, such the Borrower or other party will, as a separate and independent obligation to each Lender, be obligated to immediately pay to each Lender all such additional amounts as may be required to fully indemnify and save harmless such Lender from such set-off or deduction and will result in the effective receipt by such Lender of all the amounts otherwise payable to it in accordance with the terms of this Agreement. For greater certainty, a the Borrower will not be required to make any payment under this Section 4.05 4.02 in duplication of any payment required to be made under Section 14.04 12.01 or to the extent expressly excluded in Section 14.0412.01.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Just Energy Group Inc.)
No Set-Off, Deduction etc. All payments (whether interest or otherwise) to be made by a the Borrower or any other party to each Lender pursuant to this Agreement are to be made in freely transferable, immediately available funds and without set-off or deduction of any kind whatsoever (whether for deemed re-investment reinvestment or otherwise) except to the extent required by Applicable Law, and if any such set-off or deduction is so required and is made, such the Borrower or any other party will, as a separate and independent obligation to each Lender, be obligated to immediately pay to each Lender all such additional amounts as may be required to fully indemnify and save harmless such Lender from such set-off or deduction and will result in the effective receipt by such Lender of all the amounts otherwise payable to it in accordance with the terms of this Agreement. For greater certainty, a the Borrower will shall not be required to make any payment under this Section 4.05 5.04 in duplication respect of any payment amounts which are expressly not required to be made as provided for under Section 14.04 or to the extent expressly excluded in Section 14.043.2 of Schedule AA.
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No Set-Off, Deduction etc. All payments (whether interest or otherwise) to be made by a the Borrower or any other party to each Lender pursuant to this Agreement are to be made in freely transferable, immediately available funds and without set-off or deduction of any kind whatsoever (whether for deemed re-investment or otherwise) except to the extent required by Applicable Law, and if any such set-off or deduction is so required and is made, such the Borrower or any other party will, as a separate and independent obligation to each Lender, be obligated to immediately pay to each Lender all such additional amounts as may be required to fully indemnify and save harmless such Lender from such set-off or deduction and will result in the effective receipt by such Lender of all the amounts otherwise payable to it in accordance with the terms of this Agreement. For greater certainty, a the Borrower will shall not be required to make any payment under this Section 4.05 5.04 in duplication respect of any payment amounts which are expressly not required to be made as provided for under Section 14.04 or to the extent expressly excluded in Section 14.043.2 of Schedule AA.
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