Clause 23. 11.3 shall apply (for the avoidance of doubt), subject to the exclusions in Clause 23.11.4, to any amount deducted, withheld, set off or counterclaimed as contemplated by Clause 23.11.1 as it applies in respect of sums paid to the person entitled.
Clause 23. 2.5 (Repayment of Grant), subject always to Clause 23.4 (Repayment of Grant) the Recoverable Amount shall be determined in accordance with the following procedure:
Clause 23. 2.10 (Repayment of Grant), the Recoverable Amount shall be a sum equal to the aggregated amount of all Capital Firm Scheme Grant already paid by Homes England to the Grant Recipient under this Agreement;
Clause 23. 11.3 shall not apply:
Clause 23. 16.1 does not apply to any sale, lease, transfer or other disposal which is:
Clause 23. 8.1 shall not apply if the fair value of the relevant asset or assets is, in relation to Opco, ZAR5,000,000 (Indexed) or less, or in relation to Holdco or the Borrower, ZAR1,000,000 (Indexed) or less.
Clause 23. 2.9 (Repayment of Grant ), the Recoverable Amount shall be a sum equal to the Fundamental Termination Amount;
Clause 23. 2.8 (Repayment of Grant), the Recoverable Amount shall:
Clause 23. 11.1 shall not apply to any Distribution that are made (i) from the Proceeds Account in accordance with Clause 19.3.2(F) (Proceeds Accounts) or Clause 19.5.2(C) (Equity Contribution Account) or (ii) in accordance with Clause 20.5.2 (Hedging Costs and Payments) and provided in each case no Default is continuing or will occur as a result of making such distribution.
Clause 23. 7.1 above shall not apply to any winding-up petition which is frivolous or vexatious and is discharged, stayed or dismissed within 14 days of commencement, or, if earlier, the date on which it is advertised.
