No set-off by Obligors. All payments to be made by an Obligor under the Finance Documents shall be calculated and be made without (and free and clear of any deduction for) set-off or counterclaim.
No set-off by Obligors. All payments to be made by ABB or the Borrowers under the Finance Documents shall be calculated and be made without (and free and clear of any deduction for) setoff or counterclaim.
No set-off by Obligors. All payments to be made by an Obligor under the Finance Documents shall be calculated and be made without (and free and clear of any deduction for) set-off or counterclaim unless the counterclaim is undisputed or has been confirmed in a final non-appealable judgement. Any New Lender and any recipient of security over Lenders' rights according to Clause 23.7 (Security over Lenders' rights) may rely on this Clause 28.7, in the case of any New Lender to whom rights have been assigned according to paragraph (a) of Clause 23.2 (Conditions of assignment or assignment and transfer by assumption of contract (Vertragsübernahme)) and any recipient of security over Lenders' rights, pursuant to section 328 para 1 of the German Civil Code (Bürgerliches Gesetzbuch) (echter berechtigender Vertrag zugunsten Dritter).
No set-off by Obligors. The Borrower shall make (and shall procure that other Obligors make) any payments under the Finance Documents without offsetting any uniform counter-claims that the relevant Obligor may have against any Finance Party.
No set-off by Obligors. All payments to be made by an Obligor under the Finance Documents shall be calculated and be made without (and free and clear of any deduction for) set-off or counterclaim. 36.8 Business Days (a) Any payment under the Finance Documents which is due to be made on a day that is not a Business Day shall be made on the next Business Day in the same calendar month (if there is one) or the preceding Business Day (if there is not). (b) During any extension of the due date for payment of any principal or an Unpaid Sum under this Agreement interest is payable on the principal or Unpaid Sum at the rate payable on the original due date. 36.9 Currency of account (a) Subject to paragraphs (b) to (e) below, the Base Currency is the currency of account and payment for any sum due from an Obligor under any Finance Document. (b) A repayment of a Loan or Unpaid Sum or a part of a Loan or Unpaid Sum shall be made in the currency in which that Loan or Unpaid Sum is denominated, pursuant to this Agreement, on its due date. (c) Each payment of interest shall be made in the currency in which the sum in respect of which the interest is payable was denominated, pursuant to this Agreement, when that interest accrued. (d) Each payment in respect of costs, expenses or Taxes shall be made in the currency in which the costs, expenses or Taxes are incurred.
No set-off by Obligors. All payments to be made by an Obligor under the Senior Finance Documents shall be calculated and be made, save to the extent contemplated in Clause 33.2 (Rollover Credits), without (and free and clear of any deduction for) set-off or counterclaim.
No set-off by Obligors. 26.3.1 Subject to clause 26.3.2, all payments to be made by an Obligor under the Finance Documents shall be calculated and be made without (and free and clear of any deduction for) set-off, counterclaim, taxes, stamp duties, levies of any governmental or other authority.
No set-off by Obligors. All payments to be made by an Obligor under the Finance Documents shall be calculated and be made without (and free and clear of any deduction for) set-off or counterclaim. Each Obligor waives its right to offset its payment obligations against any claim it may have against any Finance Party and/or any party acquiring rights under the Facility, even if such claim by way of set-off against any Lender, or any party acquiring rights under the Facility, may not be recoverable as a result of insolvency of the respective Party.
No set-off by Obligors. All payments to be made by the Company under the PIK Finance Documents shall be calculated and be made without (and free and clear of any deduction for) set-off or counterclaim.
No set-off by Obligors. All payments to be made by an Obligor under the Finance Documents shall be calculated and be made without (and free and clear of any deduction for) set-off or counterclaim, provided that, if no Event of Default is continuing, an Obligor may set off any matured obligation owed by it under the Finance Documents to a Lender in respect of which an Insolvency Event has occurred and is continuing against any obligation owed to it by that Lender, regardless of the place of payment, booking branch or currency of either obligation, unless such Lender has notified the Company that it has utilised its rights under a Finance Document as Security in accordance with Clause 24.8 (Security over Lenders’ rights).
