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 the Borrowers shall be made in Dollars on the due dates of such payments to the Facility Agent at its office located at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 or to such other branch of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of and without deduction for, any Taxes; provided, however, that if the Borrowers 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 Banks or the other Creditors hereunder, then, the Borrowers shall pay such additional amounts as may be necessary in order that the net amounts received 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, the Borrowers shall promptly send to the Facility Agent any documentary evidence they have with respect to such withholding or 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 any amounts payable to the Facility Agent for the account of the Banks or the other Creditors hereunder. 6.2.

Appears in 1 contract

Samples: Credit Agreement (Overseas Shipholding Group Inc)

AutoNDA by SimpleDocs

Place of Payments, No Set Off. (a) All payments to be made hereunder by the Borrowers shall be made in Dollars on the due dates of such payments to the Facility Agent Lender at its office located at 000 Xxxx XxxxxxXxxxx 00, Xxx XxxxXxxxxxx Xxxxx, Xxx Xxxx 00000-0000 0 Xxxxxx Xxxxx, Sydney, NSW Australia or to such other branch of the Facility Agent place as the Facility Agent Lender may direct, direct without set-off or counterclaim and free from, clear of and without deduction for, any Taxes; , provided, however, that if the Borrowers 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 Banks or the other Creditors Lender hereunder, then, subject to Clause 7.2, the Borrowers shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received 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, the Borrowers shall promptly send to the Facility Agent any Lender such documentary evidence they have with respect to such withholding or deductiondeduction as may be required from time to time by the Lender. No Bank shall change its lending office if such change would result in Notwithstanding the preceding sentence, the Borrowers being compelled by law shall not be required to withhold pay additional amounts or deduct any Taxes from any amounts payable to otherwise indemnify the Facility Agent Lender for the or on account of the Banks or the other Creditors hereunder. 6.2.of:

Appears in 1 contract

Samples: Teekay Shipping Corp

Place of Payments, No Set Off. (a) All payments to be made hereunder by the Borrowers Borrower shall be made in Dollars to the Facility Agent, not later than 11:00 a.m. New York time (any payment received after 11:00 a.m. New York time shall be deemed to have been paid on the next Banking Day) on the due dates date of such payments to the Facility Agent payment, at its office located at 000 Xxxx Xxxxxx30 Xxxxxx Yards, Xxx Xxxx81st Floor, Xxx Xxxx 00000-0000 New York, New York 10001, USA or to such other branch office 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; provided, however, that if Taxes except as required by applicable law. If 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 Banks or the other Creditors hereunder, then, then (i) if the Borrowers shall pay such additional amounts as may be necessary in order that the net amounts received after withholding or deduction is attributable to an Indemnified Tax, the Borrower shall pay to the Person entitled to receive such payment such additional amount as is necessary so that after making all required deductions (including deductions applicable to the additional amount payable under this Section 7.1(a)) such Person receives an amount equal to the amounts which sum it would have received had no such deduction been received if made, (ii) the Borrower (or other Person making such withholding payment, as the case may be) shall make such deductions, (iii) the Borrower (or deduction were not required andother Person making such payment, as the case may be) shall pay the full amount deducted to the relevant Governmental Authority in accordance with applicable law and (iv) in the event any withholding or deduction is made, whether for Taxes or otherwise, the Borrowers Borrower shall promptly send to the Facility Agent any such documentary evidence they have with respect to such withholding or deduction. No Bank shall change its lending office if such change would result in the Borrowers being compelled deduction required by law to withhold or deduct any Taxes from any amounts payable to the Facility Agent for the account of the Banks or the other Creditors hereunder. 6.2law.

Appears in 1 contract

Samples: Credit Facility Agreement (Tidewater Inc)

Place of Payments, No Set Off. (a) All payments to be made hereunder by the Borrowers shall be made in Dollars on the due dates of such payments to the Facility Administrative Agent at the office of its office New York branch located at 000 200 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 or xx to such other branch of the Facility Administrative Agent as the Facility Administrative Agent may direct, for the account of the Lenders, without set-off or counterclaim and free from, clear of and without deduction for, any Taxes; , provided, however, that if the Borrowers 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 Banks or the other Creditors Lenders hereunder, then, subject to Clause 7.2, the Borrowers shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received 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, the Borrowers shall promptly send to the Facility Agent any Lenders such documentary evidence they have with respect to such withholding or deductiondeduction as may be required from time to time by the Lenders. No Bank shall change its lending office if such change would result in Notwithstanding the preceding sentence, the Borrowers being compelled by law shall not be required to withhold pay additional amounts or deduct any Taxes from any amounts payable to otherwise indemnify the Facility Agent Lenders for the or on account of the Banks or the other Creditors hereunder. 6.2.of:

Appears in 1 contract

Samples: Agreement (Teekay Shipping Corp)

Place of Payments, No Set Off. All payments to be made hereunder by the Borrowers shall be made in Dollars to the Administrative Agent, not later than 11 a.m. New York City time (any payment received after 11 a.m. New York City time shall be deemed to have been paid on the next Banking Day) on the due dates of such payments to the Facility Agent payments, at its office located at 000 200 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 00000 XXX or to such other branch office of the Facility Administrative Agent as the Facility Administrative Agent may direct, for distribution to the Lenders, without set-off or counterclaim and free from, clear of and without deduction for, any Taxes; provided, however, that if the Borrowers shall at any time be compelled by law to withhold or deduct any Taxes from any amounts payable to the Facility Administrative Agent for the account of the Banks Lenders or the other Creditors hereunder, then, the Borrowers shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received 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, the Borrowers shall promptly send to the Facility Administrative Agent any documentary evidence they have with respect to such withholding or deduction. No Bank Lender shall change its lending office if such change would result in the Borrowers being compelled by law to withhold or deduct any Taxes from any amounts payable to the Facility Administrative Agent for the account of the Banks Lenders or the other Creditors hereunder. 6.2If a Lender becomes subject to withholding, such Lender shall use its best efforts to change its lending office to one without withholding, and should such change in lending office not be possible, (i) the Borrowers may replace such Lender pursuant to Section 11.8 or (ii) such Lender may waive its rights to any additional amounts such Lender would be entitled to receive under this Section 6.1.

Appears in 1 contract

Samples: Credit Agreement (Overseas Shipholding Group Inc)

Place of Payments, No Set Off. (a) All payments to be made hereunder by the Borrowers Borrower shall be made in Dollars to the Facility Agent, not later than 11:00 a.m. New York time (any payment received after 11:00 a.m. New York time shall be deemed to have been paid on the next Banking Day) on the due dates date of such payments to the Facility Agent payment, at its office located at 000 Xxxx Xxxxxx30 Xxxxxx Xxxxx, Xxx Xxxx81st Floor, Xxx Xxxx 00000-0000 New York, New York 10001, USA or to such other branch office 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; provided, however, that if Taxes except as required by applicable law. If the Borrowers Borrower or the Facility Agent shall at any time (as determined in the good faith discretion of the Borrower or the Facility Agent) be compelled by law to withhold or deduct any Taxes from any amounts payable hereunder, then (i) if the withholding or deduction is attributable to an Indemnified Tax, the sum payable by the Borrower hereunder shall include such additional amount as is necessary so that after making all required deductions (including deductions attributable to Indemnified Taxes applicable to the additional amount payable under this Section 7.1(a)) such Person receives an amount equal to the sum it would have received had no such deduction been made, (ii) the Borrower or the Facility Agent for shall make such deductions, (iii) the account of the Banks Borrower or the other Creditors hereunder, then, the Borrowers Facility Agent shall pay such additional amounts as may be necessary the full amount deducted to the relevant Governmental Authority in order that the net amounts received after withholding or deduction shall equal the amounts which would have been received if such withholding or deduction were not required and, accordance with applicable law and (iv) in the event any withholding or deduction is mademade by the Borrower, whether for Taxes or otherwise, the Borrowers Borrower shall promptly send to the Facility Agent any such documentary evidence they have with respect to such withholding or deduction. No Bank shall change its lending office if such change would result in the Borrowers being compelled deduction required by law to withhold or deduct any Taxes from any amounts payable to the Facility Agent for the account of the Banks or the other Creditors hereunder. 6.2law.

Appears in 1 contract

Samples: Credit Agreement (Tidewater Inc)

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers shall be made in Dollars 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 dates date of such payments to the Facility Agent payment, at its office located at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 , XXX or to such other branch office 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 Facility Agent for the account Lenders hereunder, then (subject to Section 7.3 and delivery of the Banks or the other Creditors hereunder, then, the Borrowers 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 Facility Agent any documentary evidence they have with respect to such withholding or 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 any amounts payable to the Facility Agent for the account of the Banks relevant taxing authorities or the Lender such form or other Creditors hereunder. 6.2document.

Appears in 1 contract

Samples: Senior Secured Bridge Loan Agreement (Dorian LPG Ltd.)

Place of Payments, No Set Off. (a) All payments to be made hereunder by the Borrowers Borrower shall be made in Dollars on the due dates of such payments to the Facility Agent Lender at its office located at 000 Xxxx XxxxxxXxxxx 00, Xxx XxxxXxxxxxx Xxxxx, Xxx Xxxx 00000-0000 0 Xxxxxx Xxxxx, Sydney, NSW Australia or to such other branch of the Facility Agent place as the Facility Agent Lender may direct, direct without set-off or counterclaim and free from, clear of and without deduction for, any Taxes; , provided, however, that if 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 Banks or the other Creditors Lender hereunder, then, subject to Clause 7.2, the Borrowers Borrower shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received 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, the Borrowers Borrower shall promptly send to the Facility Agent any Lender such documentary evidence they have with respect to such withholding or deductiondeduction as may be required from time to time by the Lender. No Bank Notwithstanding the preceding sentence, the Borrower shall change its lending office if such change would result in not be required to pay additional amounts or otherwise indemnify the Borrowers being compelled by law to withhold Lender for or deduct any Taxes from any amounts payable to the Facility Agent for the on account of the Banks or the other Creditors hereunder. 6.2.of:

Appears in 1 contract

Samples: Teekay Shipping Corp

AutoNDA by SimpleDocs

Place of Payments, No Set Off. All payments to be made hereunder by the Borrowers Borrower shall be made in Dollars on the due dates of such payments to the account of the Facility Agent at its office located at JPMorgan Chase Bank, New York, BIC Code XXXXXX00 (ABA No. 021 000 Xxxx Xxxxxx021), Xxx Xxxxfor the Account of ING Bank, Xxx Xxxx 00000-0000 London Branch, BIC Code XXXXXX0X, Account No. 001 1 938 123 (Ref: OSG attn Loans Agency) for distribution to the Lenders or to such other branch account of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of and without deduction for, any Indemnified Taxes or Other Taxes; provided, however, that if the Borrowers Borrower shall at any time be compelled by law to withhold or deduct any Indemnified Taxes or Other Taxes from any amounts payable to the Facility Agent for the account of the Banks Lenders or the other Creditors hereunder, then, the Borrowers Borrower shall pay such additional amounts as may be necessary in order that the net amounts received 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 . For any Indemnified Taxes or otherwiseOther Taxes, the Borrowers Borrower shall promptly send to the Facility Agent any documentary evidence they have with respect to such withholding or deduction. No Bank Lender shall change its lending office if such change would result in the Borrowers Borrower being compelled by law to withhold or deduct any Indemnified Taxes or Other Taxes from any amounts payable to the Facility Agent for the account of the Banks Lenders or the other Creditors hereunder. 6.2.

Appears in 1 contract

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

Place of Payments, No Set Off. All payments to be made hereunder by each of the Borrowers shall be made in Dollars 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 dates date of such payments to the Facility Agent payment, at its office located at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 , XXX or to such other branch office 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 Facility Agent for the account Lenders hereunder, then (subject to Section 7.3 and delivery of the Banks or the other Creditors hereunder, then, the Borrowers 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 Facility Agent any documentary evidence they have with respect to such withholding or 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 any amounts payable to the Facility Agent for the account of the Banks relevant taxing authorities or the Lender such form or other Creditors hereunderdocument. 6.2.7.2

Appears in 1 contract

Samples: Senior Secured Bridge Loan Agreement

Place of Payments, No Set Off. All payments to be made hereunder by the Borrowers Borrower shall be made in Dollars on the due dates of such payments to the account of the Facility Agent at its office located at JPMorgan Chase Bank, New York, BIC Code XXXXXX00 (ABA No. 021 000 Xxxx Xxxxxx021), Xxx Xxxxfor the Account of ING Bank, Xxx Xxxx 00000-0000 London Branch, BIC Code XXXXXX0X, Account No. 001 1 938 123 (Ref: OSG attn Loans Agency) for distribution to the Lenders or to such other branch account of the Facility Agent as the Facility Agent may direct, without set-off or counterclaim and free from, clear of and without deduction for, any Taxes; provided, however, that if 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 Banks Lenders or the other Creditors hereunder, then, the Borrowers Borrower shall pay such additional amounts as may be necessary in order that the net amounts received 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, the Borrowers Borrower shall promptly send to the Facility Agent any documentary evidence they have with respect to such withholding or deduction. No Bank Lender shall change its lending office if such change would result in the Borrowers Borrower being compelled by law to withhold or deduct any Taxes from any amounts payable to the Facility Agent for the account of the Banks Lenders or the other Creditors hereunder. 6.2.

Appears in 1 contract

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

Place of Payments, No Set Off. (a) All payments to be made hereunder by the Borrowers shall be made in Dollars on the due dates of such payments to the Facility Agent at its office located at 000 11 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 or 00000 xr to such other branch of the Facility Agent place as the Facility Agent may direct, for the account of the Lenders, without set-off or counterclaim and free from, clear of and without deduction for, any Taxes; , provided, however, that if the Borrowers 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 Banks or the other Creditors Lenders hereunder, then, subject to Clause 7.2, the Borrowers shall pay such additional amounts in Dollars as may be necessary in order that the net amounts received 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, the Borrowers shall promptly send to the Facility Agent any Lenders such documentary evidence they have with respect to such withholding or deductiondeduction as may be required from time to time by the Lenders. No Bank shall change its lending office if such change would result in Notwithstanding the preceding sentence, the Borrowers being compelled by law shall not be required to withhold pay additional amounts or deduct any Taxes from any amounts payable to otherwise indemnify the Facility Agent Lenders for the or on account of the Banks or the other Creditors hereunder. 6.2.of:

Appears in 1 contract

Samples: Agreement (Teekay Shipping Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.