Common use of Place of Payments, No Set Off Clause in Contracts

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers shall be made to the Facility Agent, not later than 11 a.m. New York time (any payment received after 3 p.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, at its office located at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XXX or to such other office of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of, and without deduction or withholding for, any Taxes, except as provided by law, provided, however, that if any of the Borrowers shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Lenders hereunder, then (subject to Section 7.3 and delivery of the forms described in Section 7.4) such Borrower shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such Borrower shall promptly send to the Facility Agent such documentary evidence with respect to such withholding or deduction as may be required from time to time by the Lenders. To the extent that any reduction of or credit for withholding taxes can be obtained by the delivery of a form or other document to the relevant taxing authorities (or the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other document.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Dorian LPG Ltd.)

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Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers Borrower shall be made to the Facility Agent, not later than 11 a.m. New York time (any payment received after 3 p.m. 11 a.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, at its office located at 000 200 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XXX or 00000 xx to such other office of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of, and without deduction or withholding for, any Taxes, except as provided by law, provided, however, that if any of the Borrowers Borrower shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Agent or the Lenders hereunder, then (subject to Section 7.3 and delivery of the forms described in Section 7.4) such Borrower shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after any such withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such the Borrower shall promptly send to the Facility Agent and the Lenders such documentary evidence with respect to for such withholding or deduction as may be required from time to time by the Lenders. To the extent that any reduction of Agent or credit for withholding taxes can be obtained by the delivery of a form or other document to the relevant taxing authorities (or Lender, as the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other documentcase may be.

Appears in 2 contracts

Samples: Term Loan and Revolving Credit Facility Agreement (Marine Transport Corp), Term Loan and Revolving Credit Facility Agreement (Marine Transport Corp)

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers Borrower shall be made to the Facility Administrative Agent, not later than 11 a.m. New York time (any payment received after 3 p.m. 11 a.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, at its office located at 0 Xxxxxxxx Xxxxx, 000 Xxxx XxxxxxXxxxxxx Xxxxxxxxx, Xxx XxxxXxxxxxxx, Xxx Xxxx 00000, XXX Xxxxxxxxxxx or to such other office of the Facility Administrative Agent as the Facility Administrative Agent may direct, without set-off or counterclaim and free from, clear of, and without deduction or withholding for, any Taxes, except as provided by law, provided, however, that if any of the Borrowers Borrower shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Lenders hereunder, then (subject to Section 7.3 and delivery of the forms described in Section 7.4) such Borrower shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such the Borrower shall promptly send to the Facility Administrative Agent such documentary evidence with respect to such withholding or deduction as may be required from time to time by the Lenders. To the extent that any reduction of or credit for withholding taxes can be obtained by the delivery of a form or other document to the relevant taxing authorities (or the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other document.

Appears in 2 contracts

Samples: Credit Agreement (Chiles Magellan LLC), Credit Agreement (Chiles Offshore LLC)

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers shall be made in Dollars on the due dates of such payments to the Facility Agent, not later than 11 a.m. New York time (any payment received after 3 p.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, Agent at its office located at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XXX -0000 or to such other office branch of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of, of and without deduction or withholding for, any Taxes, except as provided by law, ; provided, however, that if any of the Borrowers shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Lenders Facility Agent for the account of the Banks or the other Creditors hereunder, then (subject to Section 7.3 and delivery of then, the forms described in Section 7.4) such Borrower Borrowers shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such Borrower the Borrowers shall promptly send to the Facility Agent such any documentary evidence they have with respect to such withholding or deduction as may be required deduction. No Bank shall change its lending office if such change would result in the Borrowers being compelled by law to withhold or deduct any Taxes from time to time by the Lenders. To the extent that any reduction of or credit for withholding taxes can be obtained by the delivery of a form or other document amounts payable to the relevant taxing authorities (Facility Agent for the account of the Banks or the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other documentCreditors hereunder.

Appears in 1 contract

Samples: Credit Agreement (Overseas Shipholding Group Inc)

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers Borrower shall be made to the Facility Agent, not later than 11 a.m. New York time (any payment received after 3 p.m. New York time shall be deemed to have been paid on the next Banking Day) in Dollars on the due date dates of such paymentpayments to the account of the Facility Agent at JPMorgan Chase Bank, at its office located at New York, BIC Code XXXXXX00 (ABA No. 021 000 Xxxx Xxxxxx021), Xxx Xxxxfor the Account of ING Bank, Xxx Xxxx 00000London Branch, XXX BIC Code XXXXXX0X, Account No. 001 1 938 123 (Ref: OSG attn Loans Agency) for distribution to the Lenders or to such other office account of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of, of and without deduction or withholding for, any Taxes, except as provided by law, ; provided, however, that if any of the Borrowers Borrower shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Facility Agent for the account of the Lenders or the other Creditors hereunder, then (subject to Section 7.3 and delivery of then, the forms described in Section 7.4) such Borrower shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such the Borrower shall promptly send to the Facility Agent such any documentary evidence they have with respect to such withholding or deduction as may be required deduction. No Lender shall change its lending office if such change would result in the Borrower being compelled by law to withhold or deduct any Taxes from time to time by the Lenders. To the extent that any reduction of or credit for withholding taxes can be obtained by the delivery of a form or other document amounts payable to the relevant taxing authorities (Facility Agent for the account of the Lenders or the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other documentCreditors hereunder.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (OSG America L.P.)

Place of Payments, No Set Off. (a) All payments to be made hereunder by each of the Borrowers Obligors shall be made to the Facility Agent, not later than 11 a.m. New York time (any payment received after 3 p.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date dates of such payment, payments to the Agent at its office account located at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XXX Republic National Bank; in favor of Nedship Bank (America) N.V. Account No. 608 202 444 or to such other office of the Facility Agent place as the Facility Agent may direct, for the account of the Banks, without set-off or counterclaim and free from, clear of, of and without deduction or withholding for, any Taxes, except as provided by law, provided, however, that if any of the Borrowers Obligors shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Lenders Banks hereunder, then (then, subject to Section 7.3 and delivery of Clause 5.2, the forms described in Section 7.4) such Borrower Obligors shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such Borrower the Obligors shall promptly send to the Facility Agent Banks such documentary evidence with respect to such withholding or deduction as may be required from time to time by any of the LendersBanks. To Notwithstanding the extent that any reduction of preceding sentence, the Obligors shall not be required to pay additional amounts or credit otherwise indemnify the Banks for withholding taxes can be obtained by the delivery of a form or other document to the relevant taxing authorities (or the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other document.on account of:

Appears in 1 contract

Samples: Reimbursement Agreement (Teekay Shipping Corp)

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers shall be made to the Facility Agent, not later than 11 a.m. New York time (any payment received after 3 p.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, at its office located at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XXX or to such other office of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of, and without deduction or withholding for, any Taxes, Taxes except as provided compelled by law, provided, however, that if any of the Borrowers shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Lenders hereunder, then (subject to Section 7.3 and delivery of the forms described in Section 7.4) such Borrower shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such Borrower shall promptly send to the Facility Agent such documentary evidence with respect to such withholding or deduction as may be required from time to time by the Lenders. To the extent that any reduction of or credit for withholding taxes can be obtained by the delivery of a form or other document to the relevant taxing authorities (or the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other document.

Appears in 1 contract

Samples: Loan Agreement (SEACOR Marine Holdings Inc.)

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers shall be made to the Facility Agent, not later than 11 10 a.m. New York City time (any payment received after 3 p.m. 10 a.m. New York City time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, at its office located at 000 Xxxx 0 Xxxxxx Xxxxxx, Xxx XxxxXxxxxx X00 0XX, Xxx Xxxx 00000, XXX Xxxxxx Xxxxxxx or to such other office of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of, and without deduction or withholding for, any Taxes, except as provided by law, provided, however, that if any of the Borrowers shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Lenders hereunder, then (subject to Section 7.3 and delivery of the forms described in Section 7.4) such Borrower Borrowers shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such Borrower the Borrowers shall promptly send to the Facility Agent such documentary evidence with respect to such withholding or deduction as may be required from time to time by the Lenders. To the extent that any reduction of or credit for withholding taxes can be obtained by the delivery of a form or other document to the relevant taxing authorities (or the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other document.

Appears in 1 contract

Samples: Credit Agreement (International Shipholding Corp)

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Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers shall be made to the Facility Administrative Agent, not later than 11 10 a.m. New York time (any payment received after 3 p.m. 10 a.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, at its office located at 000 Xxxx XxxxxxXxxxxxx-Xxxxxxxxx-Xxxxx 00, Xxx Xxxx00000 Xxxxxxx, Xxx Xxxx 00000Xxxxxxx, XXX or to such other office of the Facility Administrative Agent as the Facility Administrative Agent may direct, without set-off or counterclaim and free from, clear of, and without deduction or withholding for, any Taxes, except as provided by law, provided, however, that if any of the Borrowers shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Lenders hereunder, then (subject to Section 7.3 and delivery of the forms described in Section 7.4) such Borrower Borrowers shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such Borrower the Borrowers shall promptly send to the Facility Administrative Agent such documentary evidence with respect to such withholding or deduction as may be required from time to time by the Lenders. To the extent , including evidence that any reduction of or credit for withholding taxes can be obtained by the delivery of a form or other document to the relevant taxing authorities (or the Lender by the Borrower) the Borrowers shall promptly send to have duly paid the relevant taxing authorities withholding or the Lender such form or other documentdeductions as required.

Appears in 1 contract

Samples: Credit Facility Agreement (Top Ships Inc.)

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers Borrower shall be made to the Facility Agent, not later than 11 a.m. 3 p.m. New York time (any payment received after 3 p.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, at its office located at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XXX or to such other office of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of, and without deduction or withholding for, any Taxes, except as provided by law, ; provided, however, that if any of the Borrowers Borrower shall at any time be compelled required by applicable law to withhold or deduct any Taxes from any amounts payable to the Lenders hereunder, then (subject to Section 7.3 and delivery of the forms described in Section 7.4) such Borrower shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such the Borrower shall promptly send to the Facility Agent such documentary evidence with respect to such withholding or deduction as may be required from time to time by the Lenders. To the extent that any reduction of or credit for withholding taxes can be obtained by the delivery of a form or other document to the relevant taxing authorities (or the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other document.

Appears in 1 contract

Samples: Credit Agreement (SEACOR Marine Holdings Inc.)

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers Borrower shall be made to the Facility Syndication Agent, not later than 11 a.m. New York time (any payment received after 3 p.m. 11 a.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, at its office located at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XXX 00000 or to such other office of the Facility Syndication Agent as the Facility Syndication Agent may direct, without set-off or counterclaim and free from, clear of, and without deduction or withholding for, any Taxes, except as provided by law, provided, however, that if any of the Borrowers Borrower shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Lenders hereunder, then (subject to Section 7.3 and delivery of the forms described in Section 7.4) such Borrower shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such the Borrower shall promptly send to the Facility Administrative Agent such documentary evidence with respect to such withholding or deduction as may be required from time to time by the Lenders. To the extent that any reduction of or credit for withholding taxes can be obtained by the delivery of a form or other document to the relevant taxing authorities (or the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other document.

Appears in 1 contract

Samples: Loan Agreement (Omi Corp/M I)

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers Borrower shall be made to the Facility Agent, not later than 11 a.m. 3 p.m. New York time (any payment received after 3 p.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, at its office located at 000 Xxxx Xxxxxx30 Xxxxxx Yards, Xxx Xxxx81st Floor, Xxx Xxxx 00000New York, XXX New York 10001, USA or to such other office of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of, and without deduction or withholding for, any Taxes, except as provided by law, ; provided, however, that if any of the Borrowers Borrower shall at any time be compelled required by applicable law to withhold or deduct any Taxes from any amounts payable to the Lenders hereunder, then (subject to Section 7.3 and delivery of the forms described in Section 7.4) such Borrower shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such the Borrower shall promptly send to the Facility Agent such documentary evidence with respect to such withholding or deduction as may be required from time to time by the Lenders. To the extent that any reduction of or credit for withholding taxes can be obtained by the delivery of a form or other document to the relevant taxing authorities (or the Lender by the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender such form or other document.

Appears in 1 contract

Samples: Credit Agreement (SEACOR Marine Holdings Inc.)

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers Borrower shall be made to the Facility Agent, not later than 11 10 a.m. New York time (any payment received after 3 p.m. 10 a.m. New York time shall be deemed to have been paid on the next Banking Day) on the due date of such payment, at its office located at 000 Xxxx XxxxxxXxxxxxxx 0, 0000 XX Xxxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XXX Xxxxxxxxxxx or to such other office of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of, and without deduction or withholding for, any Taxes, except as provided by law, provided, however, that if any of the Borrowers Borrower shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Lenders hereunder, then (subject to Section 7.3 and delivery of the forms described in Section 7.4) such Borrower shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received by the Lenders after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, in the event any withholding or deduction is made, whether for Taxes or otherwise, such the Borrower shall promptly send to the Facility Agent such documentary evidence with respect to such withholding or deduction as may be required from time to time by the Lenders. To the extent that any reduction of The Borrower shall send, or credit for withholding taxes can cause to be obtained by the delivery of sent, a form or other document SWIFT message to the relevant taxing authorities (or Facility Agent confirming the Lender by remittance of any payment hereunder at the Borrower) the Borrowers shall promptly send to the relevant taxing authorities or the Lender time such form or other documentpayment is made.

Appears in 1 contract

Samples: Loan Agreement (Gulfmark Offshore Inc)

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