Common use of No Setoff or Deduction Clause in Contracts

No Setoff or Deduction. Subject to Section 3.11, all payments of principal of and interest on the Advances and other amounts payable by the Borrowers hereunder shall be made by the Borrowers without setoff or counterclaim and, subject to the next succeeding sentence, free and clear of, and without deduction or withholding for, or on account of, any present or future taxes, levies, imposts, duties, fees, assessments, or other charges of whatever nature, imposed by any governmental authority, or by any department, agency or other political subdivision or taxing authority. Subject to Section 3.11, any such taxes, levies, imposts, duties, fees, assessments or other charges are imposed, the Borrowers will pay such additional amounts as may be necessary so that payment of principal and of interest on the Loans and other amounts payable hereunder, after withholding or deduction for or on account thereof, will not be less than any amount provided to be paid hereunder and, in any such case, the Borrowers will furnish to the Banks certified copies of all tax receipts evidencing the payment of such amounts within 45 days after the date any such payment is due pursuant to applicable law.

Appears in 3 contracts

Samples: Credit Agreement (BMG North America LTD), Security Agreement (BMG North America LTD), Credit Agreement (BMG North America LTD)

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No Setoff or Deduction. Subject to Section 3.11Except as may otherwise be ordered by any appropriate Governmental Authority, all payments of principal of and interest on the Advances Loan and other amounts payable by the Borrowers Borrower hereunder shall be made by the Borrowers Borrower without setoff or counterclaim counterclaim, and, subject to the next succeeding sentence, free and clear of, and without deduction or withholding for, or on account of, any present or future taxes, levies, imposts, duties, fees, assessments, or other charges of whatever nature, imposed by any governmental authorityGovernmental Authority, or by any department, agency or other political subdivision or taxing authority. Subject to Section 3.11, If any such taxes, levies, imposts, duties, fees, assessments or other charges are imposedimposed (excluding taxes based on Bank’s income), the Borrowers Borrower will pay such additional amounts as may be necessary so that payment of principal of and of interest on the Loans Loan and other amounts payable hereunder, after withholding or deduction for or on account thereof, will not be less than any amount provided to be paid hereunder and, in any such case, the Borrowers Borrower will furnish to the Banks Bank certified copies of all tax receipts evidencing the payment of such amounts within 45 30 days after the date any such payment is due pursuant to applicable lawLaws.

Appears in 2 contracts

Samples: Credit Agreement (Theragenics Corp), Credit Agreement (Theragenics Corp)

No Setoff or Deduction. Subject to Section 3.11Except as may otherwise be ordered by any appropriate Governmental Authority, all payments of principal of and interest on the Advances Loan and other amounts payable by the Borrowers Borrower hereunder shall be made by the Borrowers Borrower without setoff or counterclaim counterclaim, and, subject to the next succeeding sentence, free and clear of, and without deduction or withholding for, or on account of, any present or future taxes, levies, imposts, duties, fees, assessments, or other charges of whatever nature, imposed by any governmental authorityGovernmental Authority, or by any department, agency or other political subdivision or taxing authority. Subject to Section 3.11, If any such taxes, levies, imposts, duties, fees, assessments or other charges are imposed, the Borrowers Borrower will pay such additional amounts as may be necessary so that payment of principal of and of interest on the Loans Loan and other amounts payable hereunder, after withholding or deduction for or on account thereof, will not be less than any amount provided to be paid hereunder and, in any such case, the Borrowers Borrower will furnish to the Banks Bank certified copies of all tax receipts evidencing the payment of such amounts within 45 30 days after the date any such payment is due pursuant to applicable lawLaws.

Appears in 2 contracts

Samples: Credit Agreement (Astec Industries Inc), Credit Agreement (Astec Industries Inc)

No Setoff or Deduction. Subject to Section 3.11Except as may otherwise be ordered by any appropriate Governmental Authority, all payments of principal of and interest on the Advances Loan and other amounts payable by the Borrowers Borrower hereunder shall be made by the Borrowers Borrower without setoff or counterclaim counterclaim, and, subject to the next succeeding sentence, free and clear of, and without deduction or withholding for, or on account of, any present or future taxes, levies, imposts, duties, fees, assessments, or other charges of whatever nature, imposed by any governmental authorityGovernmental Authority, or by any department, agency or other political subdivision or taxing authority. Subject to Section 3.11, If any such taxes, levies, imposts, duties, fees, assessments or other charges are imposed, the Borrowers Borrower will pay such additional amounts as may be necessary so that payment of principal of and of interest on the Loans Loan and other amounts payable hereunder, after withholding or deduction for or on account thereof, will not be less than any amount provided to be paid hereunder and, in any such case, the Borrowers Borrower will furnish to the Banks Agent certified copies of all tax receipts evidencing the payment of such amounts within 45 30 days after the date any such payment is due pursuant to applicable lawLaws.

Appears in 1 contract

Samples: Credit Agreement (National Health Investors Inc)

No Setoff or Deduction. Subject to Section 3.11, all All payments of principal of and interest on the Advances Loans and other amounts payable by the Borrowers Company hereunder shall be made by the Borrowers Company without setoff or counterclaim (without waiving any right of the Company to later assert such counterclaim), and, subject to the next succeeding sentence, free and clear of, and without deduction or withholding for, or on account of, any present or future taxes, levies, imposts, duties, fees, assessments, or other charges of whatever nature, imposed by any governmental authority, or by any department, agency or other political subdivision or taxing authority. Subject to Section 3.11, If any such taxes, levies, imposts, duties, fees, assessments or other charges are imposed, the Borrowers Company will pay such additional amounts as may be necessary so that payment of principal of and of interest on the Loans and other amounts payable hereunder, after withholding or deduction for or on account thereof, will not be less than any amount provided to be paid hereunder and, in any such case, the Borrowers Company will furnish to the Banks certified copies of all tax receipts evidencing the payment of such amounts within 45 forty-five (45) days after the date any such payment is due pursuant to applicable law.

Appears in 1 contract

Samples: Security Agreement (Sos Staffing Services Inc)

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No Setoff or Deduction. Subject to Section 3.11, all payments of principal of and interest on the Advances and other amounts payable by the Borrowers hereunder shall be made by the Borrowers without setoff or counterclaim and, subject to the next succeeding sentence, free and clear of, and without deduction or withholding for, or on account of, any present or future taxes, levies, imposts, duties, fees, assessments, or other charges of whatever nature, imposed by any governmental authority, or by any department, agency or other political subdivision or taxing authority. Subject to Section 3.11, any such taxes, levies, imposts, duties, fees, assessments or other charges are imposed, the Borrowers will pay such additional amounts as may be necessary so that payment of principal and of interest on the Loans and other amounts payable hereunder, after withholding or deduction for or on account thereof, will not be less than any amount provided to be paid hereunder and, in any such case, the Borrowers will furnish to the Banks Lenders certified copies of all tax receipts evidencing the payment of such amounts within 45 days after the date any such payment is due pursuant to applicable law.

Appears in 1 contract

Samples: Credit Agreement (Prudenville Manufacturing Inc)

No Setoff or Deduction. Subject to Section 3.11Except as may otherwise be ordered by any appropriate Governmental Authority, all payments of principal of and interest on the Advances Loans and other amounts payable by the Borrowers Borrower hereunder shall be made by the Borrowers Borrower without setoff or counterclaim counterclaim, and, subject to the next succeeding sentence, free and clear of, and without deduction or withholding for, or on account of, any present or future taxes, levies, imposts, duties, fees, assessments, or other charges of whatever nature, imposed by any governmental authorityGovernmental Authority, or by any department, agency or other political subdivision or taxing authority. Subject to Section 3.11, If any such taxes, levies, imposts, duties, fees, assessments or other charges are imposed, the Borrowers Borrower will pay such additional amounts as may be necessary so that payment of principal of and of interest on the Loans and other amounts payable hereunder, after withholding or deduction for or on account thereof, will not be less than any amount provided to be paid hereunder and, in any such case, the Borrowers Borrower will furnish to the Banks Bank certified copies of all tax receipts evidencing the payment of such amounts within 45 30 days after the date any such payment is due pursuant to applicable lawLaws.

Appears in 1 contract

Samples: Credit Agreement (Forward Air Corp)

No Setoff or Deduction. Subject to Section 3.11, all payments of principal of and interest on the Advances and other amounts payable by the Borrowers hereunder shall be made by the Borrowers without setoff or counterclaim and, subject to the next succeeding sentence, free and clear of, and without deduction or withholding for, or on account of, any present or future taxes, levies, imposts, duties, fees, assessments, or other charges of whatever nature, imposed by any governmental authority, or by any department, agency or other political subdivision or taxing authority. Subject to Section 3.11, if any such taxes, levies, imposts, duties, fees, assessments or other charges are imposed, the Borrowers will pay such additional amounts as may be necessary so that payment of principal of and of interest on the Loans and other amounts payable hereunder, after withholding or deduction for or on account thereof, will not be less than any amount provided to be paid hereunder and, in any such case, the Borrowers will furnish to the Banks Lenders certified copies of all tax receipts evidencing the payment of such amounts within 45 days after the date any such payment is due pursuant to applicable law.

Appears in 1 contract

Samples: Credit Agreement (Oxford Automotive Inc)

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