Common use of No set-off or counterclaim Clause in Contracts

No set-off or counterclaim. The Borrower acknowledges that in performing its obligations under this Agreement, the Bank will be incurring liabilities to third parties in relation to the funding of amounts to the Borrower, such liabilities matching the liabilities of the Borrower to the Bank and that it is reasonable for the Bank to be entitled to receive payments from the Borrower gross on the due date in order that the Bank is put in a position to perform its matching obligations to the relevant third parties. All payments to be made by the Borrower under any of the Security Documents shall be made in full, without any set-off or counterclaim whatsoever and, subject as provided in clause 6.6, free and clear of any deductions or withholdings, in Dollars on the due date to such account at such Bank and in such place as the Bank may from time to time specify for this purpose.

Appears in 6 contracts

Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Facility Agreement (Freeseas Inc.), Facility Agreement (Globus Maritime LTD)

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No set-off or counterclaim. The Borrower acknowledges that in performing its obligations under this Agreement, the Bank will be incurring liabilities to third parties in relation to the funding of amounts to the Borrower, such liabilities matching the liabilities of the Borrower to the Bank and that it is reasonable for the Bank to be entitled to receive payments from the Borrower gross on the due date in order that the Bank is put in a position to perform its matching obligations to the relevant third parties. All Accordingly, all payments to be made by the Borrower under any of the Security Documents shall be made in full, without any set-off or counterclaim whatsoever and, subject as provided in clause 6.6, free and clear of any deductions or withholdings, in Dollars on the due date to such account of the Bank at such Bank and bank in such place as the Bank may from time to time specify for this purpose.

Appears in 3 contracts

Samples: Loan Agreement (NewLead Holdings Ltd.), Loan Agreement (DryShips Inc.), Loan Agreement (Navios Maritime Holdings Inc.)

No set-off or counterclaim. The Borrower acknowledges Borrowers acknowledge that in performing its obligations under this Agreement, the Bank will be incurring liabilities to third parties in relation to the funding of amounts to the BorrowerBorrowers, such liabilities matching the liabilities of the Borrower Borrowers to the Bank and that it is reasonable for the Bank to be entitled to receive payments from the Borrower Borrowers gross on the due date in order that the Bank is put in a position to perform its matching obligations to the relevant third parties. All Accordingly, all payments to be made by the Borrower Borrowers under any of the Security Documents shall be made in full, without any set-off or counterclaim whatsoever and, subject as provided in clause 6.6, free and clear of any deductions or withholdings, in Dollars on the due date to such account of the Bank at such Bank and bank in such place as the Bank may from time to time specify for this purpose.

Appears in 2 contracts

Samples: Supplemental Agreement, Supplemental Agreement (Gala Properties Inc.)

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No set-off or counterclaim. The Borrower acknowledges Borrowers acknowledge that in performing its their obligations under this Agreement, the Bank will be incurring liabilities to third parties in relation to the funding of amounts to the BorrowerBorrowers, such liabilities matching the liabilities of the Borrower Borrowers to the Bank and that it is reasonable for the Bank to be entitled to receive payments from the Borrower Borrowers gross on the due date in order that the Bank is put in a position to perform its matching obligations to the relevant third parties. All Accordingly, all payments to be made by the Borrower Borrowers under any of the Security Documents shall be made in full, without any set-off or counterclaim whatsoever and, subject as provided in clause 6.6, free and clear of any deductions or withholdings, in Dollars on the due date to such account at such Bank bank and in such place as the Bank may from time to time specify for this purpose.

Appears in 1 contract

Samples: Junior Loan Agreement (FreeSeas Inc.)

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