Payments and Taxes Accounts and Calculations. 9.1 NO SET-OFF OR COUNTERCLAIM; DISTRIBUTION TO THE BANKS All payments to be made by any Obligor under this Agreement shall be: (a) made in full, without any set-off or counterclaim whatsoever and, subject as provided in clause 8.5 (Grossing-up for Taxes), free and clear of any deductions or withholdings, on the due date to the account of the Facility Agent at such bank as the Facility Agent may from time to time specify for this purpose; (b) made in respect of: (i) each repayment or prepayment of, or payment of interest on, or participation by a Bank in, a Utilisation, in the currency in which the Utilisation is denominated; (ii) any payment of costs and expenses, in the currency in which they were incurred; (iii) all fees and/or commission payable under clause 7 (Fees and expenses) shall be paid in Sterling unless the Parent and the Facility Agent otherwise agree; (iv) any other amount expressed in any Finance Document to be payable in a currency, in that currency; (c) for the account of all the Banks, and the Facility Agent shall forthwith distribute such payments in like funds as are received by the Facility Agent to the Banks rateably for the account of such Banks' respective Facility Offices in accordance with their Commitments or Contributions, as the case may be provided that where this Agreement provides for a payment to be made for the account of a particular Finance Party or Finance Parties, in which case the Facility Agent shall distribute the relevant payment to the relevant Finance Party or Finance Parties concerned.
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Payments and Taxes Accounts and Calculations. 9.1 NO SET8.1 No set-OFF OR COUNTERCLAIMoff or counterclaim; DISTRIBUTION TO THE BANKS distribution to the Banks All payments to be made by any the relevant Obligor under this Agreement shall be:
(a) be made in full, without any set-off or counterclaim whatsoever and, subject as provided in clause 8.5 (Grossing-up for Taxes)8.5, free and clear of any deductions or withholdings, in Sterling (except for (a) the repayment or prepayment of an Advance which shall be payable in the currency in which the Advance is denominated on the due date, (b) interest which shall be payable in the currency in which the relevant amount in respect of which it is payable is denominated, (c) costs, charges or expenses which shall be payable in the currency in which they are incurred and (d) provisions in the Finance Documents providing otherwise) on the due date to the account of the Facility Agent at such bank as the Facility Agent may from time to time specify for this purpose;
(b) . Save where this Agreement provides for a payment to be made in respect of:
(i) each repayment for the account of a particular Finance Party or prepayment of, or payment of interest on, or participation by a Bank in, a UtilisationFinance Parties, in the currency in which the Utilisation is denominated;
(ii) any payment of costs and expenses, in the currency in which they were incurred;
(iii) all fees and/or commission payable under clause 7 (Fees and expenses) shall be paid in Sterling unless the Parent and case the Facility Agent otherwise agree;
(iv) any other amount expressed in any shall distribute the relevant payment to the relevant Finance Document Party or Finance Parties concerned, payments to be payable in a currency, in that currency;
(c) made by the relevant Obligor under this Agreement shall be for the account of all the Banks, Banks and the Facility Agent shall forthwith distribute such payments in like funds as are received by the Facility Agent to the Banks rateably for the account of such Banks' respective Facility Offices in accordance with their Commitments or Contributions, as the case may be provided that where this Agreement provides for a payment to be made for the account of a particular Finance Party or Finance Parties, in which case the Facility Agent shall distribute the relevant payment to the relevant Finance Party or Finance Parties concernedbe.
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Payments and Taxes Accounts and Calculations. 9.1 NO SET6.1 No set-OFF OR COUNTERCLAIMoff or counterclaim; DISTRIBUTION TO THE BANKS All distribution to the Lenders
6.1. 16The Borrower acknowledges that in performing their obligations under this Agreement, the Lenders 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 Lenders and that it is reasonable for the Lenders to be entitled to receive payments from the Borrower gross on the due date in order that the Lenders are put in a position to perform their matching obligations to the relevant third parties. Accordingly all payments to be made by the Borrower under any Obligor under this Agreement shall be:
(a) of the Security Documents shall, subject to the provisions of the Proceeds Deeds, be made in full, without any set-off or counterclaim whatsoever and, subject as provided in clause 8.5 6.7 (Grossing-up for Taxes), free and clear of any deductions or withholdings, in Dollars (except for costs, charges or expenses which shall, at the request of the Facility Agent, be payable in the currency in which they are incurred) on the due date to the account of the Facility Agent at such bank Lender as the Facility Agent may from time to time specify for this purpose;.
6.1. 17Save where this Agreement specifically provides for a payment to be made for the account of a particular Lender (bincluding, without limitation, clauses 3.1 (Normal interest rate), 4.6 (Additional voluntary prepayment), 5.2 (Expenses), 6.7 (Grossing-up for Taxes), 11 (Indemnities), 12.1 (Unlawfulness) made in respect of:
and 12.2 (iIncreased Costs)) each repayment or prepayment of, or payment of interest on, or participation by a Bank in, a Utilisation, in the currency in which the Utilisation is denominated;
(ii) any payment of costs and expenses, in the currency in which they were incurred;
(iii) all fees and/or commission payable under clause 7 (Fees and expenses) shall be paid in Sterling unless the Parent and case the Facility Agent otherwise agree;
(iv) any other amount expressed in any Finance Document shall distribute the relevant payment to the Lender concerned, payments to be payable in a currency, in that currency;
(c) made by the Borrower under this Agreement shall be for the account of all the Banks, Lenders and the Facility Agent shall forthwith distribute such payments in like funds as are received by the Facility Agent to the Banks Lenders rateably for the account of such Banks' respective Facility Offices in accordance with their Commitments or Contributions, as the case may be provided that where this Agreement provides for a payment to be made for the account of a particular Finance Party or Finance Parties, in which case the Facility Agent shall distribute the relevant payment to the relevant Finance Party or Finance Parties concernedbe.
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Samples: Facilities Agreement
Payments and Taxes Accounts and Calculations. 9.1 NO SET8.1 No set-OFF OR COUNTERCLAIMoff or counterclaim; DISTRIBUTION TO THE BANKS distribution to the Banks All payments to be made by any Obligor under this Agreement shall be:
(a) made in full, without any set-off or counterclaim whatsoever and, subject as provided in clause 8.5 (Grossing-up for Taxes), free and clear of any deductions or withholdings, on the due date to the account of the Facility Agent at such bank as the Facility Agent may from time to time specify for this purpose;
(b) made in respect of:
(i) each repayment or prepayment of, or payment of interest on, or participation by a Bank in, a Utilisation, in the currency in which the Utilisation is denominated;
(ii) any payment of costs and expenses, in the currency in which they were incurred;
(iii) all fees and/or commission payable under clause 7 (Fees and expenses) shall be paid in Sterling unless the Parent and the Facility Agent otherwise agree;
(iv) any other amount expressed in any Finance Document to be payable in a currency, in that currency;
(c) for the account of all the Banks, and the Facility Agent shall forthwith distribute such payments in like funds as are received by the Facility Agent to the Banks rateably for the account of such Banks' respective Facility Offices in accordance with their Commitments or Contributions, as the case may be provided that where this Agreement provides for a payment to be made for the account of a particular Finance Party or Finance Parties, in which case the Facility Agent shall distribute the relevant payment to the relevant Finance Party or Finance Parties concerned.
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