Common use of Payments — No set-off or Counterclaims Clause in Contracts

Payments — No set-off or Counterclaims. (a) 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. Accordingly, all payments to be made by the Borrower under this Agreement and/or any of the other Security Documents shall be made in full, without any set-off or counterclaim whatsoever and, subject as provided in Clause 5.3, free and clear of any deductions or withholdings or Governmental Withholdings whatsoever, as follows:

Appears in 4 contracts

Samples: Loan Agreement (NewLead Holdings Ltd.), Agreement (NewLead Holdings Ltd.), Credit Agreement (Paragon Shipping Inc.)

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Payments — No set-off or Counterclaims. (a) The Borrower acknowledges that Borrowers jointly and severally acknowledge that, in performing its obligations under this Agreement, 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. Accordingly, all payments to be made by the Borrower Borrowers under this Agreement and/or any of the other Security Documents shall be made in full, without any set-off or counterclaim whatsoever and, subject as provided in Clause 5.3, free and clear of any deductions or withholdings or Governmental Withholdings whatsoever, as follows:

Appears in 1 contract

Samples: Agreement (NewLead Holdings Ltd.)

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Payments — No set-off or Counterclaims. (a) The Borrower acknowledges 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 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. Accordingly, all payments to be made by the Borrower under this Agreement and/or any of the other Security Documents shall be made in full, without any set-off or counterclaim whatsoever and, subject as provided in Clause 5.3, free and clear of any deductions or withholdings or Governmental Withholdings whatsoever, as follows:

Appears in 1 contract

Samples: Loan Agreement (NewLead Holdings Ltd.)

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