No Setoffs, etc. All payments hereunder and under the Notes and the Warrants shall be made by the Company without setoff, offset, deduction or counterclaim, free and clear of all Taxes, levies, imports, duties, fees and charges, and without any withholding, restriction or conditions imposed by any governmental authority. If the Company shall be required by any law to deduct, setoff or withhold any amount from or in respect of any payment to any Investor hereunder or under the Notes or the Warrants, then the amount so payable to such Investor shall be increased as may be necessary so that, after making all required deductions, setoffs and withholdings, such Investor shall receive an amount equal to the sum they would have received had no such deductions, setoffs or withholding been made.
No Setoffs, etc. All payments hereunder and under the Notes shall be made by the Corporation without setoff, offset, deduction or counterclaim, free and clear of all taxes, levies, imports, duties, fees and charges, and without any withholding, restriction or conditions imposed by any governmental authority. If the Corporation shall be required by any law to deduct, setoff or withhold any amount from or in respect of any payment to the Lender hereunder or under the Notes, then the amount so payable to the Lender shall be increased as may be necessary so that, after making all required deductions, setoffs and withholdings, the Lender shall receive an amount equal to the sum they would have received had no such deductions, setoffs or withholdings been made.
No Setoffs, etc. 66 8.7 Successors and Assigns ........................................................... 67 8.8 Aggregation ...................................................................... 67 8.9 Severability ..................................................................... 67 8.10 Counterparts ..................................................................... 67 8.11
No Setoffs, etc. All payments hereunder and under the Notes and the Warrants shall be made by each Security Party without setoff, offset, deduction or counterclaim, free and clear of all taxes, levies, imports, duties, fees and charges, and without any withholding, restriction or conditions imposed by any governmental authority. If any Security Party shall be required by any law to deduct, setoff or withhold any amount from or in respect of any payment to any Purchaser hereunder or under the Notes or the Warrants, then the amount so payable to the Purchaser shall be increased as may be necessary so that, after making all required deductions, setoffs and withholdings, the Purchaser shall receive an amount equal to the sum they would have received had no such deductions, setoffs or withholding been made.
No Setoffs, etc. All payments to be made by Borrower shall be --------------- made without set-off, recoupment or counterclaim. Borrower hereby irrevocably authorizes Agent to automatically deduct from Borrower's account at any branch of Union Bank of California, N.A., all amounts payable by Borrower to Agent or any Lender, on the due date thereof. If, for any reason, Agent can not or does not so deduct any such amount payable by Borrower, Borrower shall make such payment to Agent, for itself or for the account of the Lenders, as applicable, at Agent's payment address as follows: Union Bank of California N.A. Monterey Park, California Account Number: 070-196431 Account Name: Wire Transfer Clearing Attn: Commercial Loan Operations Reference: Pac-West Telecomm, Inc. ABA Number: 000-000-000 which payment shall be made in dollars and in immediately available funds no later than 11:00 a.m. (San Francisco time) on the due date specified herein. Any payment received by Agent later than 11:00 a.m. (San Francisco time), for any reason, shall, at the option of Agent, be deemed to have been received on the following Business Day and any applicable interest or fee shall accrue.
No Setoffs, etc. All payments hereunder and under the Note and the Warrant shall be made by the Company without setoff, offset, deduction or counterclaim, free and clear of all Taxes, levies, imports, duties, fees and charges, and without any withholding, restriction or conditions imposed by any Governmental Authority. If the Company shall be required by any law to deduct, setoff or withhold any amount from or in respect of any payment to the Purchaser hereunder or under the Note or the Warrant, then the amount so payable to the Purchaser shall be increased as may be necessary so that, after making all required deductions, setoffs and withholdings, the Purchaser shall receive an amount equal to the sum it would have received had no such deductions, setoffs or withholding been made.
No Setoffs, etc. All payments hereunder and under the Securities and any notes issued in exchange for any Securities shall be made by Issuer without setoff, offset, deduction or counterclaim, free and clear of all taxes, levies, imports, duties, fees and charges, and without any withholding, restriction or conditions imposed by any governmental authority, unless Issuer shall be required by any law, statute, rule or regulation to deduct, setoff or withhold any amount from or in respect of any payment to Purchaser hereunder or under the Securities or any notes issued in exchange for any Securities.
No Setoffs, etc. All payments hereunder and under the Securities and any notes issued in exchange for any Securities shall be made by each Issuer without setoff, offset, deduction or counterclaim, free and clear of all taxes, levies, imports, duties, fees and charges, and without any withholding, restriction or conditions imposed by any governmental authority. If any Issuer shall be required by any law, statute, rule or regulation to deduct, setoff or withhold any amount from or in respect of any payment to Purchaser hereunder or under the Securities or any notes issued in exchange for any Securities, then (except as a result of withholding of local, state or federal income taxes, the amount so payable to such Purchaser shall be increased as may be necessary so that, after making all required deductions, setoffs and withholdings, such Purchaser shall receive an amount equal to the sum they would have received had no such deductions, setoffs or withholding been made.
No Setoffs, etc. All payments hereunder and under the Note shall be made by the Credit Parties without setoff, offset, deduction or counterclaim, free and clear of all taxes, levies, imports, duties, fees and charges, and without any withholding, restriction or conditions imposed by any governmental authority.
No Setoffs, etc. All payments hereunder and under the Note and the other Financing Documents shall be made by the Borrowers and the Guarantors without setoff, offset, deduction or counterclaim, free and clear of all taxes, levies, imports, duties, fees and charges, and without any withholding, restriction or conditions imposed by any governmental authority. If the Borrowers or any Guarantor shall be required by any law to deduct, setoff or withhold any amount from or in respect of any payment to any Purchaser hereunder or under the Note, then the amount so payable to such Purchaser shall be increased as may be necessary so that, after making all required deductions, setoffs and withholdings, such Purchaser shall receive an amount equal to the sum it would have received had no such deductions, setoffs or withholding been made.
